Detailed Rules for the Implementation of Land Requisition Compensation in Wanzhou District

The basis of the first item is to standardize the compensation and resettlement of land collectively owned by farmers in this area (hereinafter referred to as collective land) and protect the legitimate rights and interests of the owners and users of expropriated land. According to the Measures for Compensation and Resettlement of Collective Land Expropriation in Chongqing (Order No.344 of Chongqing Municipal People's Government) and the Notice of Chongqing Municipal People's Government on Issues Concerning the Publication of Compensation and Resettlement Standards for Land Expropriation (Yu Fu Fa [2021] No.60)

Article 2 Scope of Application These Measures shall apply to collective land expropriation compensation, personnel placement and housing placement within the administrative area of this district.

Article 3 The government, its departments and the Township People's Government (street) shall be responsible for the organization and implementation of collective land expropriation compensation and resettlement within their respective administrative areas. District land acquisition implementation agencies undertake the specific implementation of collective land acquisition compensation and resettlement within their respective administrative areas.

District Planning and Natural Resources Bureau is responsible for the management and supervision of the specific implementation of collective land expropriation, compensation and resettlement.

District Human Resources and Social Security Bureau is responsible for the basic old-age insurance and employment promotion of land acquisition and resettlement personnel.

The district public security bureau is responsible for providing and reviewing the household registration information of local residents of rural collective economic organizations whose land has been expropriated.

The District Agriculture and Rural Committee is responsible for the rural land contract management and contract management involved in land acquisition, the guidance, coordination and supervision of the management and use of rural collective assets, and the management of rural homesteads.

District finance, housing and urban construction, civil affairs, forestry and other departments shall, in accordance with their respective responsibilities, do a good job in collective land expropriation compensation and resettlement.

Township (ethnic township) people's governments and sub-district offices shall, in accordance with the requirements of the District People's governments, do a good job in the relevant work of collective land expropriation compensation and resettlement within their respective jurisdictions.

Chapter II Compensation for Land Expropriation Article 4 Compensation fees include land compensation fees, resettlement subsidies and compensation fees for rural houses, other ground attachments and young crops.

Article 5 Land compensation fees and resettlement subsidies for agricultural land, construction land and unused land, regardless of land type, shall be levied according to the comprehensive land price standard formulated and published by the Municipal People's Government multiplied by the area of land to be expropriated. In the comprehensive land price of the area, the land compensation fee accounts for 30% and the resettlement fee accounts for 70%.

Within this administrative area, the regional comprehensive land price standard shall be implemented in accordance with Annex 1.

Article 6 The principle of land compensation fee distribution The land compensation fee for the expropriated land shall be calculated by multiplying the land area of the expropriated rural collective economic organization by the land compensation fee standard formulated and published by the Municipal People's Government (30% of the comprehensive land price of a district).

The land compensation fee shall be paid to the rural collective economic organizations whose land has been expropriated by the land expropriation implementing agencies in the district. Among them, if the expropriated land is contracted by families, 80% of the land compensation fee will be paid by rural collective economic organizations to contracted business households according to the expropriated land area, and 20% of the land compensation fee will be managed and used by rural collective economic organizations according to law; If the expropriated land is not contracted or contracted by other means, the land compensation fee shall be managed and used by the rural collective economic organizations according to law.

Article 7 The distribution principle of resettlement subsidy The resettlement subsidy for the expropriated land shall be calculated according to the resettlement subsidy standard formulated and published by the Municipal People's Government (70% of the comprehensive land price) multiplied by the land area of the expropriated rural collective economic organization.

The resettlement subsidy shall be paid to the resettlement object by the land acquisition implementing agency in the district according to the payment standard of 37,000 yuan/person. If there is a balance after paying the resettlement subsidy calculated in the preceding paragraph, the balance shall be managed and used by the rural collective economic organizations according to law; If the resettlement subsidy is insufficient, the District People's Government shall arrange funds to make up for it.

Eighth rural housing housing compensation, based on the legal construction area recorded in the real estate ownership certificate, according to the replacement price standard for compensation. See Annex 2 for specific standards.

Rural houses include rural villagers' houses, township (town) village public facilities and public welfare undertakings.

Production facilities and auxiliary facilities in protected agriculture that have been put on record shall be compensated according to the replacement price.

Article 9 Other ground attachments and compensation for young crops The term "other ground attachments" as mentioned in these Measures refers to buildings, structures, trees and other cash crops outside houses; Young crops refer to crops that grow on the land.

Other ground attachments (excluding graves) and young crops are compensated according to the comprehensive quota, and the compensation standard is the land area12,000 yuan/mu (including young crops of 3,000 yuan/mu) after deducting forest land.

Buildings (structures) within the homestead area shall be compensated according to the facts. See Annex 3 for specific standards.

The graves will be moved by the land acquisition implementing agencies according to the planning requirements, and the basic expenses will be paid.

Compensation standards for forest trees and attachments requisitioned from forest land shall be implemented in accordance with the relevant provisions of the state and this Municipality. If the compensation standard is lower than the comprehensive quota standard, compensation shall be made according to the comprehensive quota standard.

Tenth any of the following circumstances, no compensation:

(a) illegal building (structure);

(2) Young crops, flowers, trees and other attachments planted after the District People's Government issued the pre-announcement of land requisition;

(3) Other circumstances that excessively increase the compensation expenses.

Eleventh collection of production and business activities resettlement subsidies. On the date of the pre-announcement of land acquisition, those who hold legal licenses and engage in normal production and business activities will be given a one-time relocation subsidy.

(1) agriculture. The relocation subsidy standard shall be implemented according to Annex 4.

(2) Industrial category. Relocation allowance is calculated according to the actual construction area used for production and processing, and the standard is 100 yuan/square meter. Where equipment relocation is involved, the equipment relocation subsidy shall be calculated according to 20% of the net assessment value of the relocation facilities and equipment; If it loses its use value after relocation, it shall be calculated according to the assessed net value of facilities and equipment.

(3) commercial services. Relocation subsidy is calculated according to the actual construction area of commercial housing, and the standard is 300 yuan/m2.

Water, electricity, gas, pipe network and other facilities installed for production and operation shall be compensated according to the actual installation cost. If the actual installation invoice cannot be provided, compensation shall be made according to the installation price of the relevant industry authorities at the time of relocation.

This article stipulates that if assessment is needed, the assessment institution shall be selected by the owner of the assessed object and the land acquisition implementation institution through consultation within the specified time; Without justifiable reasons, if the owner of the appraised object fails to choose within the specified time, it shall be determined by the land acquisition implementation agency.

Chapter III Personnel Resettlement Article 12 Personnel Resettlement Scope The object of personnel resettlement as mentioned in these Measures is generated from the total population of rural collective economic organizations whose land has been expropriated on the date of pre-announcement.

The following persons are included in the total population of rural collective economic organizations whose land has been expropriated:

(a) the household registration in the rural collective economic organization where the land is expropriated, and the personnel who have obtained the contracted management right of the rural collective economic organization;

(2) Persons who have registered their household registration at the location of the rural collective economic organization whose land has been expropriated due to maternity or policy migration, and enjoy the right to contracted land management of the rural collective economic organization according to law;

(3) Persons who have moved their household registration from other rural collective economic organizations due to legal adoption, marriage, etc. and have worked and lived in the land-expropriated rural collective economic organizations for a long time, and enjoy the land contractual management right of the land-expropriated rural collective economic organizations according to law;

(four) college students, active duty noncommissioned officers and conscripts, orphans of children's welfare institutions, and prisoners who have the right to contracted land management of rural collective economic organizations according to law;

(five) in accordance with the relevant provisions of the reform of the urban and rural household registration system in this Municipality, the personnel who retain the right to compensation and resettlement for land acquisition;

(6) For other reasons, the registered permanent residence has moved out of the rural collective economic organization whose land has been expropriated and settled in the city, but has worked and lived in the rural collective economic organization whose land has been expropriated for a long time, and has obtained the land contractual management right of the rural collective economic organization.

The term "long-term" as mentioned in the preceding paragraph refers to the continuous production and living of rural collective economic organizations whose land has been expropriated for more than 1 year on the date when the District People's Government issued the pre-announcement of land expropriation. Among them, divorced and remarried spouses and accompanying children have worked and lived in rural collective economic organizations for more than 3 years.

Thirteenth people who are not included in the total population comply with the provisions of Article 12 of these measures, but in any of the following circumstances, they are not included in the total population of rural collective economic organizations whose land has been expropriated:

(a) before the land acquisition, the land-expropriated personnel have been resettled;

(two) state organs, people's organizations, institutions and other on-the-job and retired personnel.

Article 14 Determination of the number of people to be resettled If all the land of the rural collective economic organizations is expropriated, all the personnel of the total population of the rural collective economic organizations that have been included in the expropriated land according to these implementation measures shall be targeted for personnel resettlement.

If the land of rural collective economic organizations is partially expropriated, the resettlement number shall be calculated according to the area of the expropriated land divided by the per capita land area of the expropriated rural collective economic organizations. Among them, if the cultivated land proportion of the expropriated land exceeds the cultivated land proportion of the rural collective economic organization, the number of people to be resettled shall be multiplied by the cultivated land proportion of the expropriated land and divided by the cultivated land proportion of the rural collective economic organization.

The per capita land area mentioned in the preceding paragraph refers to the total land area registered in the certificate of collective land ownership (excluding the area that has been expropriated) divided by the total population of rural collective economic organizations whose land has been expropriated according to these measures. The proportion of cultivated land area of rural collective economic organizations mentioned in the preceding paragraph refers to the proportion of cultivated land area registered in the certificate of collective land ownership (excluding the expropriated area) to the total land area (excluding the expropriated area).

Article 15 Determination of resettlement objects The specific resettlement objects shall be determined by the rural collective economic organization whose land has been expropriated according to the number of landless farmers and the surplus cultivated land in the total population of the rural collective economic organization. The people's governments of townships (ethnic townships) and subdistrict offices shall guide rural collective economic organizations to determine the resettlement targets according to the following principles, and the number of resettlement targets calculated according to the provisions of Article 14 of these Measures shall be fully implemented to specific personnel: the number of resettlement targets generated by the expropriation of household contracted land shall be determined according to the number of cultivated land among landless farmers from high to low; The number of resettlement objects arising from the expropriation of land that has not been contracted or contracted by other means shall be discussed and determined by the villagers' meeting taking into account the situation of farmers' surplus cultivated land.

Specific personnel placement objects shall be reported to the people's governments of townships (ethnic townships) and sub-district offices for preliminary examination after being publicized by rural collective economic organizations for 7 days without objection, and the land acquisition implementation agencies of the district shall review them jointly with the departments of planning natural resources, human resources and social security, public security, agriculture and rural areas, and the district people's government shall approve them.

Article 16 The District People's Government shall incorporate eligible resettlement objects into the corresponding social security system such as endowment insurance, and arrange social security expenses for resettlement objects, which are mainly used for social insurance payment subsidies such as endowment insurance for resettlement objects.

Measures for the collection, management and use of basic old-age insurance and social security subsidies for personnel resettlement objects shall be implemented in accordance with the relevant provisions of the Municipal People's Government.

Article 17 The people's government of the Employment Promotion Zone shall include the resettlement objects of people with working ability and employment needs within the working age into the scope of public employment services, organize employment and entrepreneurship service activities, and promote their employment and entrepreneurship.

Chapter IV Housing Resettlement Article 18 Anyone who expropriates all the land of rural collective economic organizations, who is included in the total population of land-expropriated rural collective economic organizations and enjoys the right to the homestead of land-expropriated rural collective economic organizations, is the object of housing resettlement.

Part of the expropriation of land of rural collective economic organizations, holding the certificate of real estate ownership of the houses to be demolished within the scope of land acquisition and included in the total population of the rural collective economic organizations whose land has been expropriated according to these measures, is the object of housing placement.

Persons who have been resettled before land acquisition but whose houses have not been relocated shall be included in the scope of housing resettlement when the houses are relocated.

Nineteenth does not belong to the provisions of article eighteenth of the housing resettlement object, but one of the following circumstances, does not belong to the housing resettlement object:

(a) before the implementation of these measures, the personnel who have implemented land acquisition and housing resettlement;

(two) people who have enjoyed policy housing.

Twentieth resettlement methods can be applied to housing resettlement, such as rural homestead self-built resettlement, resettlement housing resettlement or monetary resettlement. The object of housing resettlement should be to choose a unified resettlement method for households. Houses on the homestead are counted as one household, that is, houses registered for the first time or approved by legal building procedures are taken as the basis for counting households.

Choosing rural homestead for self-built resettlement shall conform to the overall land use planning and township (town) village planning, as well as the relevant provisions of the state, this Municipality and our district on homestead construction.

After the housing resettlement object adopts resettlement housing or monetary resettlement, the family members of the household shall not apply for new housing in the rural homestead.

Twenty-first homestead self-built resettlement subsidies rural homestead self-built resettlement, according to the relocation of housing replacement price standard 50% to give self-built housing subsidies.

Twenty-second resettlement housing or monetary resettlement area standard housing resettlement objects choose resettlement housing or monetary resettlement, housing resettlement construction area standard is 30 square meters per person.

Twenty-third special housing resettlement object husband and wife have no children, the implementation of resettlement housing or monetary resettlement, you can apply for an increase of 15 square meters of housing construction area.

The spouse or minor children of the housing resettlement object do not belong to the total population range of the rural collective economic organization whose land is expropriated, but at the same time meet the following conditions. The implementation of resettlement housing or monetary resettlement, can apply for a construction area of 15 square meters of housing, and housing resettlement object merger:

(a) the District People's Government issued a pre-announcement of land expropriation, and has lived in the rural collective economic organization with expropriated land for more than 1 year. Among them, the divorced remarried spouse and accompanying children have lived in the rural collective economic organization whose land has been expropriated for more than 3 years;

(two) before the land acquisition, the resettlement of land acquisition houses has not been implemented;

(3) the family has no other housing;

(four) do not enjoy the rights of other rural collective economic organizations.

Twenty-fourth resettlement houses to buy price-limited resettlement houses, should be placed in the part of the construction area, in accordance with the replacement price standard of brick-concrete structure houses to buy (see Annex 2).

For reasons such as apartment design, if the resettlement house exceeds the construction area of less than 5 square meters, it shall be purchased at 50% of the construction cost of resettlement house. The part exceeding the construction area of 5 square meters and less than 10 square meter shall be purchased according to the construction cost of resettlement housing; The part exceeding the construction area 10 square meter shall be purchased according to the monetary resettlement price standard of the house. The construction cost of resettlement houses shall be approved and announced by the district housing and urban-rural construction department in conjunction with the district planning and natural resources department.

Due to reasons such as apartment design and the willingness of the housing resettlement object, if the purchased resettlement house does not reach the construction area to be resettled, the insufficient part will be paid to the housing resettlement object according to the housing monetary resettlement price standard.

Article 25 Relevant requirements for resettlement houses Resettlement houses shall be built on state-owned land.

The District People's Government shall arrange funds for the construction of resettlement houses, special maintenance funds for the first phase of property and initial installation fees for residents' electricity, tap water, natural gas and cable TV.

Twenty-sixth housing monetary resettlement standard housing monetary resettlement, monetary resettlement amount is equal to the housing monetary resettlement price standard multiplied by the construction area to be resettled. See Annex 5 for the price standard of housing monetary resettlement.

Twenty-seventh non-repeated resettlement housing resettlement object legally owns more than two (including two) rural housing, only when the housing with homestead rights is demolished, can it be resettled with 1 times housing, and repeated resettlement housing is not allowed.

Twenty-eighth non resettlement subsidies meet one of the following circumstances, the demolition of housing according to the replacement price standard of 50% subsidies:

(a) the owner of the house to be demolished does not belong to the object of housing placement;

(two) the house to be demolished belongs to the object of housing placement, and legally owns more than two (including two) rural houses, which are not placed according to the provisions of Article 27 of these Measures;

(three) township (town) village public facilities, public welfare houses and other houses registered as non-residential.

Twenty-ninth housing demolition and temporary resettlement of rural houses, according to the standard of housing resettlement object 2000 yuan/person to pay the relocation fee. If the owner of the relocated house does not belong to the housing resettlement object, the relocation fee shall be paid according to the standard of 4,000 yuan per house. The above relocation expenses are related to the relocation of relocated households and the relocation of production and living facilities.

If the rural homestead is built by itself, the temporary resettlement fee of 18 months shall be calculated according to the 300 yuan per person per month who meets the application conditions of the homestead.

For the resettlement house, from the month of relocation to 6 months after the delivery of the resettlement house, the temporary resettlement fee shall be calculated and paid according to the construction area per square meter per month 10 yuan.

If monetary resettlement is implemented for the house, the temporary resettlement fee of 12 months shall be calculated according to the construction area per square meter per month 10 yuan.

Chapter V Supplementary Provisions Article 30 Payment of expenses of persons without (restricted) capacity for civil conduct The compensation and resettlement expenses for land acquisition obtained by persons without (restricted) capacity for civil conduct shall be paid to their legal guardians in a lump sum in accordance with relevant regulations.

Article 31 Provisions on Large and Medium-sized Water Conservancy and Hydropower Projects Where the State and this Municipality have other provisions on land acquisition compensation and resettlement for large and medium-sized water conservancy and hydropower projects, those provisions shall prevail.

Article 32 Implementation Time: These Measures shall be implemented as of July, 20265438 1 day. The Notice of Wanzhou District People's Government of Chongqing Municipality on Adjusting the Land Acquisition Compensation and Resettlement Standards (Wanzhou Fufa [2008] No.95) and the Notice of Wanzhou District People's Government of Chongqing Municipality on Further Adjusting the Land Acquisition Compensation and Resettlement Standards (Wanzhou Fufa [2013] No.20) shall be abolished at the same time.