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What are the contents of compensation and resettlement measures for land acquisition in Suqian City?
Now many cities are making great efforts to expand their cities. In the process of urban development, suburban rural land has been expropriated continuously. In order to ensure the smooth progress of land acquisition and safeguard the interests of the masses, Suqian City has issued relevant policies. Then, what is the content of compensation and resettlement measures for land acquisition in Suqian City? In this document, the compensation standard for land acquisition, social security for land-lost personnel and fund management are stipulated. Let's introduce it in detail below. Measures of Suqian Municipality on Compensation for Land Expropriation and Social Security for Land Expropriated Peasants Chapter I General Provisions Article 1 In order to safeguard the legitimate rights and interests of land expropriated peasants and rural collective economic organizations, ensure the life and long-term livelihood of land expropriated peasants, and standardize the compensation and resettlement for land expropriation, according to the Property Law of People's Republic of China (PRC) and the Land Administration Law of the People's Republic of China, Article 2 of the Social Insurance Law of People's Republic of China (PRC) and Compensation for Land Expropriation and Farmers Expropriated in Jiangsu Province The term compensation for land expropriation and social security for farmers expropriated in these Measures refers to the behavior of the state to compensate farmers expropriated and rural collective economic organizations according to law, arrange social security fees for farmers expropriated, and incorporate farmers expropriated into the urban and rural social security system. Article 3 These Measures shall apply to the compensation for land expropriation and social security for landless farmers within the administrative area of this Municipality. Article 4 The social security of land-expropriated farmers shall follow the principles of immediate protection, full protection, classified protection and gradual improvement, and be combined with employment promotion to bring land-expropriated farmers into the urban and rural social security system to ensure that their original living standards are not reduced and their long-term livelihood is guaranteed. Article 5 Farmers whose land has been expropriated shall come from members of rural collective economic organizations that owned the land before land expropriation, who have the right to contracted management of the land and undertake agricultural obligations, and the original owner of contracted management of the land has the preemptive right. The list of farmers whose land has been expropriated is put forward with the consent of the rural collective economic organizations whose land has been expropriated, audited by the township people's governments (street offices and fields), publicized at the location of the rural collective economic organizations whose land has been expropriated, and submitted to the county (District) people's government (Administrative Committee) for determination. Article 6 The number of landless peasants shall be determined on the basis of the list provided by the database of the population and members of rural collective economic organizations who participated in the second round of rural land contracting. The database of members of rural collective economic organizations in counties (districts) is established by the county (district) Agriculture and Industry Office. The members of the database are listed by the rural collective economic organizations and reported to the township people's government (street offices, fields) and the departments of agriculture, industry, family planning, public security and civil affairs for examination and determination, as the basis for confirmation by land-expropriated farmers. (1) The following persons can be included in the database of members of rural collective economic organizations: 1, the permanent population with permanent residence of rural collective economic organizations, enjoying the right to contracted management of rural land and undertaking corresponding obligations according to law; 2. College students, active duty conscripts and noncommissioned officers (excluding active duty officers) who met the requirements specified in item/kloc-0 before enlistment, and college students who returned to the original rural collective economic organization after graduation and were unemployed; 3. Prisoners who meet the requirements specified in item 1 before going to prison; 4. Persons born in the plan after the second round of land contracting; 5, due to legal marriage, adoption, account moved into the collective economic organization, and did not enjoy the right to contracted management of rural land in the place of emigration; 6. According to the national immigration policy, the household registration is transferred to the collective economic organization; 7. If the registered permanent residence moves into the collective economic organization and actually lives, and the contracted land has not been obtained in the original place of residence, and there is no stable non-agricultural occupation, it will be accepted as a member of the collective economic organization with the consent of more than two thirds of the members of the villagers' meeting or more than two thirds of the villagers' representatives. (2) The following personnel are not included in the database of members of rural collective economic organizations: 1, who have been resettled after previous land expropriation; 2, registered permanent residence in rural collective economic organizations (including previously contracted land) in the state organs or institutions, state-owned enterprises in the staff; 3, the original account in rural collective economic organizations, and contracted land management, is now dead; 4. Although the registered permanent residence is in the rural collective economic organization, it belongs to those who have been approved by the relevant departments to retire, resign and receive pension or endowment insurance (including those who have returned home because of their children's replacement); 5, although the household registration in rural collective economic organizations, but do not enjoy the right to contracted management of rural land resident population; 6, the original account in the rural collective economic organizations, and contracted land management, now married account to move out, in the move in accordance with the law has enjoyed the right to contracted management of rural land farmers or personnel have been included in the social security system for urban residents. Counties (districts) in the establishment of rural collective economic organizations members database, combined with local conditions, appropriate adjustment into the conditions of rural collective economic organizations members database, establish a more suitable county (district) of rural collective economic organizations members database. Seventh county (District) people's government (Administrative Committee) is responsible for the compensation for land acquisition and the social security work of landless farmers within their respective administrative areas. County (District) people's government (CMC) departments in accordance with their respective responsibilities, * * * to do the relevant work. Township people's governments (street offices, farms) should cooperate with the relevant work of land acquisition compensation and social security for landless farmers. City land resources, human resources and social security, supervision, finance, agriculture, civil affairs, auditing, public security and other departments shall, in accordance with their respective responsibilities, do a good job in related work, and be responsible for the supervision, coordination and guidance of land acquisition compensation and social security for landless farmers. Article 8 According to the land value and the level of economic and social development, the whole city is divided into two types of areas with the county (district) level administrative region as the unit, where the administrative region belongs to Sucheng District, the compensation standard for land acquisition in the three types of areas shall be implemented; Shuyang County, Siyang County, Sihong County and administrative divisions belong to suyu district, and the compensation standard for land acquisition in the four districts shall be implemented. The compensation standard for land expropriation in the administrative entrusted area is determined according to the principle of high or low. The compensation standard for land acquisition is determined according to the level of economic and social development, price changes and social security standards for land-expropriated farmers. , and make timely adjustments. Chapter II Compensation for Land Expropriation Article 9 Where land collectively owned by peasants is expropriated, land acquisition compensation shall be paid in full according to law, and social security fees shall be arranged for the landless peasants. Land acquisition compensation includes land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees. Article 10 Land collectively owned by peasants is divided into agricultural land, construction land and unused land according to their purposes. The land compensation fee for requisitioning agricultural land shall be calculated according to the area of the requisitioned land; The land compensation fee for requisition of construction land shall be calculated according to the land compensation fee for requisition of agricultural land; The land compensation fee for requisitioning unused land shall be calculated at 0.5 times of the land compensation fee for requisitioning agricultural land. Eleventh expropriation of agricultural land shall pay resettlement subsidies, resettlement subsidies shall be calculated according to the number of landless farmers who need to be resettled. The number of land-expropriated farmers who need to be resettled shall be calculated according to the area of agricultural land expropriated before land expropriation divided by the per capita area of agricultural land expropriated by rural collective economic organizations. Requisition of construction land and unused land does not pay resettlement subsidies. Twelfth land expropriation involves houses and other buildings and structures, and compensation shall be given according to law. If the expropriation of homestead involves farmers' housing, the living conditions of the expropriated person shall be guaranteed. If the homestead can be rearranged, the house shall be compensated according to the replacement price; If it is impossible to rearrange the homestead, the house shall be arranged according to the principle of equivalent to the area of the house to be expropriated, or compensation shall be given according to the market evaluation price. Land requisition involving other buildings and structures shall be compensated according to law. Other construction land can be rearranged, and buildings and structures will be compensated according to the replacement price; If no other construction land is arranged, compensation shall be given according to the market evaluation price. Thirteenth land expropriation involves farmland water conservancy, transportation, electric power, communication infrastructure and other ground attachments, in accordance with the principle of equivalent substitution, pay relocation fees, reconstruction fees or compensation fees. The compensation for young crops is calculated according to the output value of one season, and those that can be harvested as scheduled will not be compensated. Pay the transplant fee for seedlings, flowers and perennial economic trees that can be transplanted; If it cannot be transplanted, it shall be given reasonable compensation or purchased at a fixed price. Fourteenth around the minimum standard of agricultural land compensation and resettlement subsidies, in accordance with the standards formulated and promulgated by the provincial people's government. The specific standards of land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees in various regions shall be implemented in accordance with the relevant documents of the Municipal People's Government. The standards of land compensation and resettlement subsidies for agricultural land should be adjusted in a timely manner according to the level of economic and social development and price changes. After the adjustment of land acquisition compensation standard, if the people's government of the city or county approves the land acquisition compensation and resettlement plan, it shall be implemented in accordance with the adjusted land acquisition compensation standard. Fifteenth large and medium-sized water conservancy and hydropower projects land acquisition compensation standards, in accordance with the provisions of the provincial people's government, the standards stipulated by the State Council are higher than those stipulated by the provincial people's government, the standards stipulated by the State Council. Article 16 The land compensation fee shall be owned by the rural collective economic organizations whose land has been expropriated, but not less than 70% of the land compensation fee for agricultural land shall be paid to 16-year-old landless farmers. Resettlement subsidies are used for the living allowance of land-expropriated farmers under the age of 16 and the social security of land-expropriated farmers over the age of 16. The ground attachments and young crops compensation fees belong to their owners. Seventeenth land acquisition compensation is not fully in place, the rural collective economic organizations and their members have the right to refuse to pay land compensation fees; Land acquisition compensation paid in full, the rural collective economic organizations and their members whose land was expropriated shall pay the land on schedule. Eighteenth land-expropriated rural collective economic organizations and land-expropriated farmers have disputes over land acquisition compensation and resettlement programs, which shall be settled by the municipal and county people's governments through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The specific procedures for coordinating and adjudicating disputes shall be implemented in accordance with relevant regulations. Chapter III Social Security of Land-expropriated Farmers Article 19 Land-expropriated farmers are divided into the following three age groups based on the date of approval of the land acquisition compensation and resettlement plan: (1) 1.6 years old (underage age); (2) 16 to 60 years old (length of service); (three) over 60 years of age (pension age). County (District) People's Government (Administrative Committee) shall determine the proportion of land-expropriated farmers of all ages, which shall be the same as that of land-expropriated units of all ages before land expropriation. Twentieth minor landless farmers in accordance with the local resettlement subsidy standards to receive a one-time living allowance, no longer as landless farmers to participate in social endowment insurance for urban and rural residents. Twenty-first working-age landless farmers can voluntarily choose to participate in the basic old-age insurance for enterprise employees or the social old-age insurance for urban and rural residents according to their actual conditions. The individual contributions of working-age landless farmers to participate in social endowment insurance shall be remitted by the human resources and social security departments of the city and county (district) from the individual sub-account of the financial special account of social security funds for landless farmers; When the funds in the individual sub-account are insufficient to pay the pension insurance premiums that should be paid, the individual will raise funds to pay. Twenty-second elderly landless farmers from the second month after the approval of the land acquisition compensation and resettlement program, according to the minimum living standard in rural areas of our city 1. 1 times to receive monthly pension subsidies. Those who have participated in social endowment insurance for urban and rural residents before land acquisition enjoy the minimum standard basic pension stipulated by the provincial people's government. Article 23 Social security funds for landless farmers mainly include resettlement subsidies and their value-added income, as well as social security expenses arranged by the county (district) people's government (administrative committee) from the paid land use income such as land transfer fees. Lack of social security funds for landless farmers, the county (District) people's government (CMC) is responsible for solving. The social security fund raising standard for land-expropriated farmers is calculated according to 1. 1 times 139 of the rural minimum living security standard in our city. The county (District) people's government (Administrative Committee) shall, in accordance with the principle of supporting fixed income, balancing income and expenditure and leaving no gap, raise social security funds for landless farmers, and give priority to the social security expenditure of landless farmers from the proceeds of paid land use. Article 24 The financial departments of cities and counties (districts) shall set up special financial accounts for social security funds of land-expropriated farmers (hereinafter referred to as special accounts for security funds) to manage and account the social security funds of land-expropriated farmers aged 16. Incorporate the social security funds of land-expropriated farmers aged 16 into the special security fund account at one time, and establish a personal sub-account. Article 25 If the working-age landless peasants reach the pension age, the principal and interest balance of the individual sub-account of the special security fund account shall be returned to the landless peasants at one time. If a landless farmer dies, the balance of principal and interest of the individual sub-account of the special security fund account can be inherited according to law. Twenty-sixth landless farmers whose per capita income is lower than the local minimum living standard can apply for the minimum living guarantee in accordance with the provisions. Twenty-seventh landless farmers in accordance with the provisions of medical care, work injury and maternity insurance to pay insurance premiums, enjoy the relevant treatment. Twenty-eighth city and county (District) people's government (Administrative Committee) and its relevant departments shall incorporate working-age landless farmers into the urban employment system, strengthen employment training and guidance, create employment conditions, and promote the employment of landless farmers. Chapter IV Fund Management Article 29 The pre-existing system of land acquisition compensation funds shall be implemented. Before the land requisition is submitted for approval, the county (District) people's government (Administrative Committee) shall deposit the social security fees arranged in the land acquisition compensation and the paid land use income into the account established by the municipal and county land and resources departments (hereinafter referred to as the pre-existing account). When land acquisition is submitted for approval, the municipal and county land and resources departments shall issue relevant certificates on the implementation of land acquisition compensation and social security fees for landless farmers. Before the land requisition is approved by the provincial government and the compensation and resettlement scheme for land requisition is approved by the people's government of the city or county, the human resources and social security departments of the city or county shall put forward audit opinions on the implementation of social security fees for landless farmers. Approved by the State Council City, the land is located in the city and county human resources and social security departments will report the implementation of social security fees for landless farmers to the provincial human resources and social security departments for review. Without the consent of the examination and approval, the people's government of the city or county shall not approve and implement the compensation and resettlement plan for land acquisition. Article 30 The municipal and county departments of land and resources shall, within 15 working days from the date of approval of the land requisition compensation and resettlement plan, pay the land compensation fee, young crops compensation fee and ground attachments compensation fee from the pre-deposit account to the special account designated by the county (district) financial department, and the financial department will pay the land compensation fee in full to the rural collective economic organizations, and pay the young crops compensation fee and ground attachments compensation fee to their owners. Rural collective economic organizations shall, within 10 working days from the date when the county (district) people's government (administrative committee) determines the list of land-expropriated farmers, pay no less than 70% of the compensation fee for agricultural land to land-expropriated farmers over 16 years old. Thirty-first county (District) people's government (Administrative Committee) to determine the list of landless farmers 10 working days, the city and county land and resources department 16 years old landless farmers' social security funds from the pre-deposit account to the special security fund account; Pay the living allowance of 16-year-old landless farmers to the special account designated by the county (district) financial department, and the financial department will pay it to me in full. Within 10 working days after the social security funds of land-expropriated farmers arrive, the municipal, county (district) human resources and social security departments shall handle them in the following ways: (1) credit the social security funds of land-expropriated farmers for the old-age group to the individual sub-account of the special account for monthly payment of pension subsidies; (II) The social security funds of working-age land-expropriated farmers are credited to the individual sub-account in the special account of their security funds, which is used to remit their individual contributions to social endowment insurance by stages. Thirty-second landless farmers' social security funds should be managed in accordance with the relevant provisions of the social security fund, accounting separately, to achieve the preservation and appreciation. Article 33 The part of land compensation fees that belongs to rural collective economic organizations according to law shall be included in the management of rural collective assets and used for the development of production and public welfare undertakings by rural collective economic organizations, and shall not be used for other purposes. Chapter V Supervision and Management Article 34 If the relevant people's governments (administrative committees), competent departments and their staff members commit any of the following acts in land acquisition compensation and social security for landless farmers, the people's governments at higher levels, relevant competent departments or supervisory organs shall order them to make corrections, and the directly responsible persons in charge and other directly responsible persons shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to perform duties according to law, resulting in failure to pay social security fees for land acquisition compensation and landless farmers in full and on time; (two) issued a false certificate of land acquisition compensation and social security fees for landless farmers; (three) providing false audit opinions on the implementation of social security fees for landless farmers; (four) occupation, interception, misappropriation of social security fees in land acquisition compensation and landless farmers. Article 35 Where a rural collective economic organization whose land has been expropriated practices fraud, impersonates, intercepts or misappropriates land acquisition compensation, the relevant authorities shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter VI Supplementary Provisions Article 36 The above mentioned in these Measures includes this number. Thirty-seventh problems encountered in the implementation of these measures shall be interpreted by the Municipal Human Resources and Social Security Bureau in conjunction with the Municipal Bureau of Land and Resources. Article 38 These Measures shall come into force as of 20 13 12 1. Since the date of implementation of these Measures, the Notice of the Municipal Government on Printing and Distributing the Detailed Rules for the Implementation of Land Acquisition Compensation and Basic Living Security for Land-expropriated Farmers in Suqian City (Su [2006] No.29) and the Notice of the Municipal Government on Printing and Distributing the Interim Measures for Social Security for Land-expropriated Farmers in Suqian City (Su [2009] No.56) will no longer be implemented for new land acquisition. To sum up, land expropriation compensation involves the fundamental interests of the masses, and the government must attach importance to it. Suqian's Measures for Land Requisition Compensation and Social Security for Land-expropriated Farmers has detailed provisions on the procedures and payment standards of land expropriation compensation, social security measures for land-expropriated farmers, compensation fund management and supervision responsibilities. Suqian city residents have objections to land acquisition compensation, which can be implemented with reference to these measures.
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