Huaian immigration audit

Detailed rules for the implementation of land acquisition compensation and basic living security for landless farmers in Huai 'an City

Huai 200657 Hao

Chapter I General Principles

Article 1 In order to protect the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, ensure the basic livelihood of land-expropriated farmers, and strengthen the management of land-expropriated compensation and basic livelihood guarantee resettlement, these detailed rules are formulated in accordance with the provisions of the Measures of Jiangsu Province on Land-expropriated Compensation and Basic Livelihood Guarantee for Land-expropriated Farmers (Order No.26 of Jiangsu Provincial People's Government) and other laws, regulations and rules, and in combination with the actual situation of this Municipality.

Article 2 The term "compensation for land expropriation and basic livelihood guarantee for landless peasants" as mentioned in these Detailed Rules refers to the act of the state to compensate landless peasants and rural collective economic organizations according to law after expropriation of land collectively owned by peasants, and to establish a basic livelihood guarantee system for landless peasants to ensure their basic livelihood.

The term "landless peasants" as mentioned in these Detailed Rules refers to the people who need to be resettled from the members of the collective economic organization after the land collectively owned by peasants has been expropriated according to law.

Article 3 These Provisions shall apply to the compensation for land expropriation within the administrative area of this Municipality. Expropriation of land collectively owned by farmers in urban planning areas of cities and counties shall establish the basic living guarantee for landless farmers in accordance with these rules; Expropriation of land collectively owned by farmers outside the urban planning area of a city or county may refer to these rules to establish the basic living guarantee for landless farmers.

Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council.

In the urban planning areas of cities and counties, the village groups whose per capita arable land was less than 0. 1 mu before the implementation of these rules, after being revoked with the approval of law, the original rural residents will be turned into urban residents, and they will be included in the urban social security system according to the regulations, and the relevant provisions of these rules on the basic living security for land-expropriated farmers will not apply.

Chapter II Compensation for Land Requisition

Article 4 Land collectively owned by peasants shall be expropriated according to law, and compensation shall be given according to the standards stipulated in these Detailed Rules.

Compensation and resettlement fees for land acquisition include land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees.

Article 5 The average annual output value of cultivated land in urban areas (Qingpu District, Qinghe District and Huai 'an Economic Development Zone) and counties (districts) (counties, Huaiyin District and Chuzhou District) shall be implemented according to the attached table 1.

Article 6 Land compensation fees shall be implemented according to the following provisions:

1. If cultivated land is requisitioned, it shall be calculated as 10 times of the average annual output value of the cultivated land in the three years before requisition.

2. Collect intensive fish ponds (including special aquaculture), and the urban area shall be calculated as 12 times of the average annual output value of the adjacent cultivated land in the first three years; Counties (districts) are calculated at 10 times of the average annual output value of adjacent cultivated land in the first three years. Collection of other aquaculture water surface, the urban area is calculated by 8 times of the average annual output value of adjacent cultivated land in the first three years, and the county (district) is calculated by 6 times of the average annual output value of adjacent cultivated land in the first three years.

3. Expropriation of orchards or other economic forest land, urban areas and counties (districts) shall be calculated according to 12 times of the average annual output value of adjacent cultivated land in the first three years.

4. If other agricultural land is requisitioned, the urban area shall be calculated as 9 times of the average annual output value of the adjacent cultivated land in the first 3 years; Counties (districts) are calculated at 7 times the average annual output value of adjacent cultivated land in the first 3 years.

5. If unused land is requisitioned, the urban area shall be calculated as 5 times of the average annual output value of the adjacent cultivated land in the first 3 years; Counties (districts) are calculated according to the average annual output value of their adjacent cultivated land in the first three years.

6. Non-agricultural construction land collectively owned by farmers shall be levied, and the urban area shall be calculated as 8 times of the average annual output value of adjacent cultivated land in the first 3 years; Counties (districts) are calculated at 6 times the average annual output value of adjacent cultivated land in the first 3 years.

Seventh resettlement subsidies according to the following provisions:

1. The land requisition subsidy is calculated according to the number of landless farmers who need to be resettled. The resettlement subsidy standard for every 1 landless farmer who needs resettlement is 1.3 million yuan in urban area and 1. 1.000 yuan in county (district).

The number of land-expropriated farmers who need to be resettled shall be calculated according to the amount of land expropriated divided by the per capita amount of land expropriated units before land expropriation; If it is less than 1, it shall be calculated as 1.

If agricultural land other than cultivated land is expropriated, the number of landless farmers who need to be resettled shall be calculated according to 70% of the total land compensation fee for this agricultural land divided by the local per capita resettlement subsidy; If it is less than 1, it shall be calculated as 1. The local per capita resettlement subsidy is 13000 yuan in urban areas and1000 yuan in counties (districts).

Before land requisition, the per capita cultivated land is calculated in mu/person, rounded to two decimal places. However, if the per capita cultivated land before land requisition is less than 0. 1 mu, it shall be calculated as +0 per mu.

Before land requisition, if the per capita arable land exceeds 1 mu, the landless peasants who need to be resettled shall be calculated as per mu 1 person.

Previously resettled land-expropriated farmers are no longer included in the calculation of per capita cultivated land and the number of land-expropriated farmers before land expropriation.

2. Requisition of unused land and non-agricultural construction land owned by farmers' collectives, without paying resettlement subsidies.

Eighth young crops and ground attachments compensation according to the following provisions:

1. Young crops compensation is generally calculated according to the output value of one crop, and those that can be harvested as scheduled will not be compensated. See Schedule 2 for specific compensation standards.

2. Transplantable seedlings, flowers and perennial economic trees. , pay the transplant fee; If it cannot be transplanted, it shall be given reasonable compensation. See Schedule 3, Schedule 4 and Schedule 5 for specific compensation standards; See Schedule 6 for compensation fees for other ground attachments.

3 farmland water conservancy facilities, artificial farms, electric power, broadcasting, communication facilities and other attachments, in accordance with the principle of equivalent substitution to pay relocation fees or compensation fees.

4. Expropriation of houses and other buildings (structures) on collective land in planned built-up areas of cities and counties shall be implemented according to relevant documents of cities and counties (districts). The compensation for the demolition of buildings (structures) on collective land in other areas shall be re-determined according to the replacement price. See attached table 7 for details.

5. After the scope of land acquisition is determined, the young crops planted and other attachments, houses built and other buildings (structures) will not be compensated, and the notice of land acquisition investigation and registration will be dismantled by the owners themselves.

Ninth county (District) people's government, Huai 'an Economic Development Zone Administrative Committee shall organize towns, sub-district offices and relevant departments to cooperate with the land and resources departments to establish a database of rural collective economic organizations; Cooperate with public security departments to establish rural collective economic organizations and household registration management database. The funds needed to establish the database shall be solved by the finance at the same level. The specific measures for establishing the database shall be formulated by the people's governments of counties (districts) and the Administrative Committee of Huai 'an Economic Development Zone, and reported to the municipal government for the record.

For villagers' groups whose per capita arable land is less than 0. 1 mu, the people's governments of counties (districts) and the administrative committee of Huai 'an Economic Development Zone shall promptly report to the municipal government for approval, and go through the formalities for revoking the establishment of villagers' groups.

Tenth construction occupation of state-owned nursery land, with reference to the corresponding land compensation standards of these rules to compensate the state-owned nursery.

If the state-owned land is occupied by the construction after the group transfer, compensation shall be made according to the corresponding land compensation standards in these rules, and the per capita cultivated land before land acquisition shall be calculated at 0. 1 mu.

Chapter III Basic Living Security

Eleventh land acquisition compensation and the basic living security of landless farmers by the city and county (District) people's government is responsible for the unified. The land and resources department is specifically responsible for the payment of land acquisition compensation and land acquisition compensation and resettlement fees; The labor and social security departments are specifically responsible for the issuance and management of the basic living security funds for landless farmers, and the specific work shall be handled by the agricultural insurance agencies of the labor and social security departments at all levels; The financial department is specifically responsible for the management of the basic living security funds for landless farmers; The audit department shall strengthen the audit and supervision of the compensation funds for land acquisition and the basic living security funds for land-expropriated farmers according to law; Supervision, public security and other departments shall, in accordance with their respective responsibilities, cooperate with relevant work.

Twelfth sources of basic living security funds for landless farmers include:

65438+ 0.70% of land compensation fee for agricultural land and all resettlement subsidies;

2. The part extracted by the government from the paid land use income such as land transfer fees;

3. Interest and value-added income of basic living security funds for landless farmers;

4 other funds that can be used for the basic living security of landless farmers.

City, county (District) people's government shall extract a certain amount of land transfer fees and other funds from the paid land use income, and incorporate them into the special account of basic living security funds for landless farmers. The withdrawal amount is calculated according to the newly requisitioned land area, which is 9,000 yuan per mu in urban areas and 8,000 yuan per mu in counties (districts).

Measures for the withdrawal of urban funds shall be formulated separately by the municipal finance department in conjunction with the land and resources department and implemented after being approved by the municipal government.

The basic living security funds are insufficient to pay, and the financial department at the same level is responsible for solving it.

Thirteenth landless farmers' basic living security fund accounts are composed of individual accounts and social pooling accounts.

70% of the resettlement subsidy and agricultural land compensation fee goes into individual accounts. If a person who implements basic living security dies, the balance of principal and interest in his personal account can be inherited according to law. Personal account resettlement subsidy is RMB 13000 per person in urban areas and RMB 1 1000 per person in counties (districts); The land compensation fee for 70% agricultural land is the total land compensation fee for agricultural land divided by the total number of landless farmers and then multiplied by 70%.

The financial department of the people's government of the city or county (District) shall, within 3 months from the date of approval of the land acquisition compensation and resettlement plan, transfer the government payment in full to the social pooling account according to the new land acquisition area provided by the land and resources department.

Article 14 The financial department of the people's government of the city or county (district) shall, according to the payment plan for the basic living security of land-expropriated farmers, regularly transfer the basic living security funds of land-expropriated farmers into the basic living security expenditure households of land-expropriated farmers established by the labor and social security departments in the bank to ensure the timely and full payment of the basic living security funds of land-expropriated farmers.

Fifteenth with the approved land acquisition compensation and resettlement scheme as the boundary, the landless farmers are divided into the following four age groups:

1. The first age group1under 6 years old;

2. The second age group is female 16 to 45 years old and male 16 to 50 years old;

3. The third age group, women are 45 to 55 years old and men are 50 to 60 years old;

4. The fourth age group (pension age) is women over 55 years old and men over 60 years old.

The "above" mentioned in the preceding paragraph includes this number.

Article 16 The peasants whose land has been expropriated shall be the children of the members of the rural collective economic organizations that owned the land before the land expropriation, who have the right to contracted management of the land and undertake agricultural obligations, and the original land contractor shall have the preemptive right.

The proportion of land-expropriated farmers of all ages should be basically the same as that of land-expropriated units of all ages before land expropriation.

The list of landless farmers is proposed with the consent of more than half of the members of the landless rural collective economic organizations, and is determined by the county (District) people's government after being audited by the township (town) people's government or the subdistrict office. After confirmation, it shall be publicized at the location of the rural collective economic organization where the land is expropriated.

The specific measures for landless farmers to produce and choose to participate in the basic living security shall be formulated by the people's governments of counties (districts) and the Administrative Committee of Huai 'an Economic Development Zone, and reported to the municipal government for the record.

Seventeenth people of the first age one-time living allowance, 5000 yuan in urban areas and 4000 yuan in counties (districts); After receiving a one-time living allowance, people of this age group will no longer be included in the scope of basic living security stipulated in these rules.

Eighteenth people of the second, third and fourth age groups can choose whether to participate in the basic living security of landless farmers. Governments at all levels should take active measures to encourage and support landless farmers to participate in the basic living security.

Choose the basic living security of landless farmers, and implement different security standards according to different age groups:

(1) People in the second age group will receive a monthly living allowance from the month when the basic living guarantee is implemented, with a term of 2 years. When they reach the age of receiving a pension, they will receive a monthly pension.

(two) the third age group, from the implementation of the basic living guarantee to the retirement age, receive a monthly living allowance; When you reach the old-age age, you receive a monthly pension.

(3) Persons in the fourth age group receive a monthly pension from the month when the basic living guarantee is implemented.

See Table 8 for the standard of living allowance and pension. The municipal government may, according to the actual situation of economic and social development and price level, adjust the living allowance and pension standards in a timely manner, and announce their implementation.

If people of the second age are employed in cities and towns and later join the urban social security system, the remaining personal account funds can be transferred to the urban social security system and converted into the payment period (length of service) of the urban social security system. Conversion method: according to the annual payment amount (including interest not less than the minimum payment amount) of freelancers after participating in the basic living guarantee for landless farmers. After participating in the urban social security system, those who are unwilling to convert it into the payment period of the urban social security system can also receive the balance of personal account funds at one time. Personal account funds are not included in the basic living security after receiving them at one time.

Nineteenth specific measures for the management and distribution of basic living security funds for landless farmers shall be formulated separately by the municipal finance, labor and social security departments, and shall be promulgated and implemented after being approved by the municipal government.

Article 20 If the basic livelihood guarantee for land-expropriated farmers is established in accordance with these Detailed Rules, the municipal and county land and resources departments shall, within 3 months from the date of approval of the land-expropriated compensation and resettlement scheme, transfer 70% of the agricultural land compensation fee and the resettlement subsidy for land-expropriated farmers that have entered the basic livelihood guarantee to the financial special account of the basic livelihood guarantee fund for land-expropriated farmers established by the financial department at the same level in the bank; Will not enter the basic living security of landless farmers compensation and resettlement costs and living allowances paid to rural collective economic organizations, by the rural collective economic organizations in accordance with the provisions of full payment; Pay compensation fees for ground attachments and young crops, residual land compensation fees and resettlement subsidies to rural collective economic organizations, and rural collective economic organizations will pay compensation fees for ground attachments and young crops to their owners.

Rural collective economic organizations and their members have the right to refuse to pay the land expropriation compensation and resettlement fees if they are not fully paid; If the compensation and resettlement fees for land acquisition are paid in full, the rural collective economic organizations and their members and other relevant rights holders whose land has been expropriated shall not delay the delivery of the land. Land-expropriated rural collective economic organizations have not obtained more than half of their members' consent to propose land-expropriated farmers within 3 months from the date of approval of the land-expropriated compensation and resettlement scheme, and the land and resources departments of the city and county (district) will deposit the land-expropriated compensation and resettlement fees in full into the designated financial special account (bank account) within 3 months from the date of approval of the land-expropriated compensation and resettlement scheme, that is, the land-expropriated compensation and resettlement fees will be fully in place; The compensation and resettlement fees for land acquisition shall be paid in accordance with the provisions of the first paragraph of this article after the land-expropriated farmers are determined. City, county (District) land and resources departments shall, within 5 working days from the date of approval of the land acquisition compensation and resettlement plan, inform the rural collective economic organizations of the content and approval time of the approved land acquisition compensation and resettlement plan in writing.

Expropriation of land collectively owned by townships (towns) and villages shall pay compensation and resettlement fees to the township (town) and village collective economic organizations.

Article 21 If the collective land of peasants outside the urban planning area of a city or county is expropriated and the basic living security of landless peasants has not been established, the land and resources department of the city or county (district) shall, within 3 months from the date of approval of the land acquisition compensation and resettlement plan, pay the land acquisition compensation and resettlement fees to the expropriated rural collective economic organizations in full. Compensation fees for ground attachments and young crops shall be paid in full by rural collective economic organizations to their owners.

If the rural collective economic organizations fail to adjust other land with the same quality and quantity to the land-expropriated farmers to continue the contracted operation, they must pay 70% of the land compensation fee to the land-expropriated farmers. Land-expropriated farmers do not need unified resettlement, and all resettlement subsidies are paid to the resettled people.

After receiving the compensation and resettlement fees for land acquisition, rural collective economic organizations should first announce them to their members, and put forward a fair and reasonable allocation scheme for compensation and resettlement fees according to relevant regulations and local conditions, and submit it to the members of rural collective economic organizations or their representatives for discussion. With the consent of more than 2/3 members or members' representatives, the land-expropriated farmers will be paid in full and on time.

Article 22 Land compensation fees and resettlement subsidies paid to rural collective economic organizations shall be included in the management of provident fund, and must be used to solve the living problems of landless farmers left over from history and develop the production public welfare undertakings of rural collective economic organizations, and shall not be used for other purposes.

Twenty-third landless farmers who meet the local minimum living guarantee conditions in rural areas can enjoy the minimum living guarantee in rural areas. Land-expropriated farmers who are not included in the urban social security system can participate in the new rural cooperative medical system.

Twenty-fourth county (District) government should be aimed at the actual situation of landless farmers, landless farmers employment training plan. According to the changes in the labor market, the employment needs of enterprises and the job-seeking needs of farmers, the training institutions confirmed by the labor and social security departments provide employment skills training for landless farmers in the form of directional training. The focus of the training is the unemployed landless peasants aged 65-438+06 to 45. The employment training of landless farmers is free of training fees, and the settlement method of training fees is implemented with reference to the "Administrative Measures for Re-employment Training in Huai 'an City (Trial)".

County (District) people's governments shall take measures to promote the employment of landless farmers and encourage them to start businesses.

Chapter IV Supplementary Provisions

Twenty-fifth before the implementation of these rules, the land acquisition plan has been approved by the people's government of the State Council and the province, and the land acquisition compensation and resettlement will still be given according to the approved land acquisition plan.

Article 26 Before the implementation of these rules, if the basic living guarantee has been established for land-expropriated farmers in accordance with the regulations, and the basic living guarantee standard is lower than the standard stipulated in these rules, it shall be implemented according to the standard stipulated in these rules from the month when these rules are implemented, and if it is higher than the standard stipulated in these rules, it shall still be implemented according to the original standard.

Twenty-seventh basic living security funds are not paid in full and on time, and the administrative responsibility of the relevant personnel shall be investigated according to law. If the land use unit fails to pay the land acquisition related expenses in full and on time, it will not be submitted for approval.

Article 28 Any state functionary who neglects his duty, abuses his power or engages in malpractices for personal gain in the compensation for land expropriation and the basic livelihood guarantee for landless farmers shall be given administrative sanctions according to law, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

By land acquisition units or relevant departments to resort to deceit, impersonator interception, misappropriation of land acquisition compensation and resettlement fees, by the land and resources departments at or above the county level shall be ordered to make corrections, and shall be investigated for administrative responsibility of the person in charge and other directly responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law.

Obstruct, destroy the land acquisition work, prevent land managers from performing official duties according to law, and be punished by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 29 These Rules shall come into force as of the date of promulgation. The Opinions of Huai 'an Municipal People's Government on Reforming the Compensation and Resettlement Measures for Land Expropriation and Establishing the Long-term Basic Living Security for Land Expropriated Farmers (Trial) (Huai Fa [2003] No.50) and the Opinions of Huai 'an Municipal People's Government on Further Improving the Resettlement of Land Expropriated Farmers (Trial) (Huai Fa [2004] No.33) are different from the provisions of this article. "Notice of the municipal government on adjusting the compensation standard for land expropriation" (Huai Fa [2004] No.56) shall be abolished at the same time.