Excuse me, what is the compensation standard for land acquisition in Dawu County, Hubei Province?

Hubei Provincial People's Government on Further

Notice on strengthening land acquisition management and effectively protecting the legitimate rights and interests of landless farmers

(Efa [2005] 1 1)

Municipal, state and county people's governments and provincial government departments:

In recent years, most places in the province have strictly administered according to law and attached great importance to safeguarding the vital interests of landless farmers. However, in some places, the compensation standard for land-expropriated farmers is lowered at will, and the supervision of compensation for land-expropriated farmers is weak. Interception, encroachment, deduction and misappropriation of compensation fees of land-expropriated farmers have occurred from time to time, which has seriously damaged the legitimate rights and interests of land-expropriated farmers and triggered mass petitions, repeated petitions and mass incidents. In order to further strengthen the management of land acquisition and effectively protect the legitimate rights and interests of land-expropriated farmers, according to the spirit of the document "Decision of the State Council on Deepening Reform and Strict Land Management" (Guo Fa [2004] No.28), combined with the actual situation in Hubei, relevant matters are hereby notified as follows:

First, determine the compensation standard for land acquisition according to law.

According to the provisions of the Land Management Law and its implementing regulations, the Measures for the Implementation of Land Management in Hubei Province, and other laws and regulations, and considering the economic and social development level, location conditions and land value of all parts of the province, it is decided to divide the province into six categories (see Annex) and formulate a unified minimum annual output value standard and minimum resettlement subsidy standard for the whole province. Land requisition compensation for various non-agricultural construction projects shall not be lower than the corresponding land requisition compensation standards.

The land compensation fee for requisitioned cultivated land is 8 to 10 times of the average annual output value of the cultivated land in the three years before requisition. The minimum standards for the average annual output value of cultivated land in the first, second, third, fourth, fifth and sixth years before expropriation are 1.800 yuan, 1.200 yuan, 1.000 yuan, 900 yuan, 800 yuan and 700 yuan respectively. Subsidies for cultivated land resettlement are calculated according to the number of agricultural population resettled by requisitioned land. The number of agricultural population whose land is expropriated that needs to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by rural collective economic organizations before land expropriation. The minimum standards of resettlement subsidies for each agricultural population whose land has been expropriated in the first, second, third, fourth, fifth and sixth districts are 1.8 million yuan, 1.0 million yuan, 8,500 yuan, 7,600 yuan, 6,800 yuan and 6,000 yuan respectively.

The minimum standards for collecting land compensation fees for other non-operating land and land compensation fees and resettlement subsidies for other operating land shall be implemented with reference to the above standards.

Highway and railway traffic construction projects determined by the state and the province; For the construction land of key linear projects such as oil and natural gas pipeline construction projects, the minimum compensation standard for land acquisition adopts the average value of the minimum compensation standard of the city, state and county (city, district) where the linear project passes.

Large and medium-sized water conservancy and hydropower projects land acquisition compensation standards and resettlement measures, in accordance with the relevant provisions of the State Council.

The people's governments of cities, prefectures and counties (cities, districts) should organize land, statistics, finance, agriculture and other departments in accordance with the Land Management Law and its implementing regulations, the Measures for the Implementation of Land Management in Hubei Province and the above provisions, and comprehensively consider factors such as land type, output value, urban-rural differences, agricultural land grade, per capita arable land, land supply and demand, local economic development level and minimum living security level of urban residents. Cities and States should do a good job in the balance and convergence of land acquisition compensation standards drawn up by counties (cities, districts) within their respective jurisdictions. After the balance, the proposed land acquisition compensation standard must be organized and implemented in accordance with the regulations. After fully listening to the opinions of all parties, it shall be submitted to the provincial people's government for approval, promulgated and implemented by the county (city, district) people's government, and reported to the Provincial Department of Land and Resources for the record. The formulation of compensation standards for land expropriation in cities and States must be completed before March 3, 20051. If it is not completed within the time limit, the indicators of the 2005 agricultural land conversion plan will be suspended, and the approval of agricultural land conversion and land acquisition will be stopped.

The compensation standard for the use of state-owned agricultural land in non-agricultural projects approved according to law shall be implemented in accordance with the compensation standard for expropriation of collective land.

Reasonably determine the compensation standard for land acquisition of specific construction projects according to law. For rural collective economic organizations whose per capita cultivated land area is more than 0.8 mu after land acquisition, the land compensation fee is 8- 10 times as prescribed by laws and regulations; For rural collective economic organizations whose per capita cultivated land area is less than 0.8 mu after land acquisition, the land compensation fee must be 10 times as prescribed by laws and regulations. The sum of land compensation fee and resettlement subsidy shall not be less than 16 times. Paying land compensation fees and resettlement subsidies according to the current laws and regulations is not enough to maintain the original living standards of landless farmers, nor is it enough to pay the social security fees of landless farmers. With the approval of the provincial people's government, the compensation multiple should be increased and the resettlement subsidy should be increased; The total land compensation fee and resettlement subsidy is calculated at 30 times, which is not enough to make the landless peasants maintain their original living standards. The local people's government will make overall arrangements and set aside a certain proportion of the proceeds from the paid use of state-owned land to give subsidies. Approved occupation of basic farmland, land acquisition compensation according to the highest standards promulgated by the local people's government.

The above-mentioned new compensation standard for land expropriation will be implemented from April 1 year. Land acquisition projects approved before this time shall be implemented according to the approved original land acquisition compensation standards. Governments at all levels shall not issue compensation standards for land acquisition of specific construction projects in violation of the above provisions in the form of meeting minutes and government documents.

Second, strictly define the purpose of land acquisition compensation.

Requisition of land collectively owned by farmers according to law must be compensated and resettled in accordance with regulations. It is necessary to strictly define the purpose of land acquisition compensation and reasonably determine the proportion of payment and distribution. Land compensation fees are paid to rural collective economic organizations that enjoy the ownership of expropriated land. If the rural collective economic organizations cannot adjust the land of the same quality and quantity to the land-expropriated farmers to continue the contracted operation, they should mainly allocate not less than 70% of the land compensation fees to the land-expropriated farmers. The specific distribution ratio shall be formulated separately by the Provincial Department of Land and Resources in conjunction with relevant departments. If all the land is expropriated and the rural collective economic organizations are revoked, the land compensation fee shall be fully used for the production and living resettlement of landless farmers. After the land compensation fee is deducted from the part paid directly to the landless farmers, the rest is paid to the landless rural collective economic organizations to participate in social insurance, develop secondary and tertiary industries, solve the production and life of the landless farmers and set up public welfare undertakings. Land compensation fees must be earmarked.

The resettlement subsidy in land requisition compensation should be determined according to different resettlement methods. Conditional rural collective economic organizations or land-using units shall uniformly resettle land-expropriated farmers and pay resettlement subsidies to rural collective economic organizations or resettlement units in accordance with laws and regulations; After the land-expropriated farmers apply and sign an agreement with the rural collective economic organizations that enjoy the ownership of the expropriated land, there is no need for unified resettlement, and the resettlement subsidy can be paid in full to the resettled people, who will find their own jobs. Before granting resettlement subsidies, village collective economic organizations must strictly define the distribution objects, methods and scope, and comprehensively consider factors such as age, occupation and household registration.

Compensation fees for ground attachments and young crops shall be paid to the owners of ground attachments and young crops according to the standards determined in the land requisition compensation registration and land requisition resettlement plan.

No unit or individual may intercept, occupy or misappropriate land acquisition compensation. Compensation for land acquisition shall not be used to repay debts of collective economic organizations, pay taxes and pay wages.

Third, strengthen the supervision of land acquisition compensation.

Land and resources departments at all levels will directly allocate land acquisition compensation to the landless villagers' groups according to the approved land acquisition plan; The rural economic management department shall, jointly with the relevant departments, supervise the rural collective economic organizations to determine the allocation scheme of land acquisition compensation according to the procedures, and urge the rural collective economic organizations to put in place the land acquisition compensation that should be compensated to the landless farmers within the specified time according to the scheme. Land acquisition compensation must pay the land-expropriated rural collective economic organizations and farmers in full within three months from the date of approval of the compensation and resettlement plan for land expropriation, and shall not postpone or pay in installments. For the arrears of compensation for land acquisition, the city and county (city, district) shall not issue the approval letter for construction land, go through the formalities for land supply, or issue the land use right certificate; The project may not start construction, and the rural collective economic organizations and farmers whose land has been expropriated have the right to refuse the construction unit to start using the land; The provincial government stopped accepting and reviewing reports on agricultural land conversion and land expropriation in this area.

All localities should adhere to the principles of openness, fairness and justice, and strengthen the supervision of land acquisition compensation. Land acquisition compensation paid to rural collective economic organizations shall be stored in special accounts. Land and resources management departments at all levels should strictly abide by relevant laws, regulations and policies, earnestly perform their duties of examination, supervision and guidance, and strengthen the follow-up inspection after land use approval. Local governments at all levels should organize supervision, auditing, land and resources, agriculture, civil affairs and other departments to supervise the implementation, distribution and use of land compensation fees and resettlement subsidies; Urge rural collective economic organizations to implement various democratic financial management systems, regularly check the income and expenditure of land acquisition compensation, and focus on checking whether the land compensation fee is earmarked for special purposes, whether it is used for land acquisition farmers to purchase insurance, develop secondary and tertiary industries, and set up public welfare undertakings and rural public facilities.

Land acquisition compensation paid to rural collective economic organizations shall be decided by a collective vote of more than two-thirds of the members of the villagers' meeting of the members of the collective economic organizations or more than two-thirds of the villagers' representatives, and the income and expenditure shall be posted at least once every six months, subject to supervision by the masses, and reported to the land and resources, agriculture and supervision departments of the county (city, district) for the record. Members of collective economic organizations have the right to ask questions about the use of land compensation fees and resettlement subsidies, and the relevant collective economic organizations must make a serious and responsible reply.

Fourth, broaden the resettlement channels and properly solve the production and living problems of landless farmers.

All localities should adjust measures to local conditions, properly arrange the production and life of landless farmers through multiple channels, and fundamentally guarantee their long-term livelihood.

Requisition of rural land outside the urban planning area, especially in areas rich in cultivated land resources and land reserve resources, can give priority to agricultural resettlement. Through the use of rural collective floating land, contracted land voluntarily returned by contracted farmers, contracted land circulation and land development and consolidation, it is necessary for landless farmers to cultivate land and continue to engage in agricultural production. Land transfer and resettlement must comply with the relevant provisions of the rural land contract law.

Reserve resettlement land, according to the overall land use planning and urban planning, a certain amount of construction land can be set aside after land acquisition, and the rural collective economic organizations or farmers will develop and operate in accordance with unified planning.

For the project land with long-term stable income, on the premise of farmers' voluntary, the rural collective economic organizations or farmers whose land has been expropriated may, after consultation with the land-using units, take the land acquisition compensation and resettlement fees as shares, or take the land use right of construction land approved according to law as shares at a fixed price; Rural collective economic organizations and farmers get benefits in the form of preferred shares through contracts.

If the local land is really unable to provide basic production and living conditions for the landless farmers, the government can organize the implementation of resettlement in different places on the premise of fully soliciting the opinions of the landless rural collective economic organizations and farmers.

All localities should speed up the establishment of a unified urban and rural labor market and an equal employment mechanism, improve the urban and rural employment service system, and create a relaxed environment for land-expropriated farmers to transfer employment to cities and towns. It is necessary to strengthen the training of rural labor transfer and employment, improve the labor skills of landless farmers, and guide them to transfer employment to non-agricultural industries. Under the same conditions, land acquisition units should give priority to recruiting the labor force of landless farmers and provide employment opportunities for farmers with employability.

For farmers who have lost their land due to land acquisition, the county and city (district) people's governments shall gradually establish the old-age insurance and minimum living security system for landless farmers in combination with the construction of small towns, the reform of household registration system and the transformation of villages in cities to ensure the long-term livelihood of landless farmers. This year, it was piloted in Wuhan and Xiantao, and gradually opened after gaining experience.

Five, strict land acquisition procedures, to protect the collective and farmers' right to know, participate and appeal.

In the process of land expropriation, all localities should earnestly safeguard the legitimate rights and interests of rural collectives and farmers. Before the land acquisition is approved according to law, the land and resources department shall inform the rural collective organizations and farmers in writing of the purpose, place, compensation standard and resettlement method of land acquisition. If the expropriated rural collective economic organizations and farmers scramble for seeds, plant young crops and build attachments on the expropriated land, all the expropriated rural collective economic organizations and farmers will be compensated. The land and resources department shall investigate the ownership, type and area of the expropriated land and the ownership, type and quantity of the ground attachments, and the investigation results shall be confirmed with the rural collective economic organizations, farmers and the property owners of the ground attachments. Before the land requisition is submitted for approval according to law, the land and resources management department shall inform the requisitioned rural collective economic organizations and farmers, and have the right to apply for a hearing on the compensation standards and resettlement methods of the requisitioned land. If a party applies for a hearing, the land and resources department shall organize a hearing in accordance with the relevant provisions and requirements. The signed land acquisition agreement, the knowledge of the land-expropriated farmers (the transcripts of the hearing are required) and the confirmed relevant materials should be used as the necessary materials for land acquisition approval.

It is necessary to strictly implement the land acquisition announcement system, the land acquisition compensation and resettlement announcement system and the land acquisition compensation registration system. Land approved for requisition according to law shall be publicized to the public, except for special circumstances such as state secrecy provisions. After the approval of the land acquisition plan, the people's governments of cities (states) and counties (cities, districts) shall, in accordance with the provisions, timely announce the land acquisition plan and the land acquisition compensation and resettlement plan, and actively do a good job in publicity and explanation. Disputes over compensation standards and resettlement methods shall be coordinated and decided in accordance with the provisions of laws and regulations.

After the conversion of agricultural land or land expropriation is approved according to law, if the land is not used or the specific compensation and resettlement plan for land expropriation is not implemented within two years, the relevant approval documents will automatically become invalid; If it is not provided to the specific land use unit within two years, the index of agricultural land conversion plan of the city and county in the next year will be deducted according to the area of land not provided. If the project investment is not in place and the land is idle and the cultivated land is abandoned, it shall be punished according to law and its land use right shall be recovered.

After the land contracted by farmers is expropriated, the land and resources departments of cities (prefectures) and counties (cities, districts) shall promptly send a copy of the land requisition approval document and relevant information such as the towns and villages, villagers' groups, household names, areas and locations of the expropriated land to the rural economic operation and finance departments at the same level, which shall cancel or change the land contractual management right certificate, terminate or change the land contract, and the finance department shall timely handle the procedures for reducing or exempting agricultural taxes according to regulations.

Six, strengthen leadership, clear responsibility

Adjusting the standard of land requisition compensation and resettlement, ensuring the payment of land requisition compensation and resettlement funds in place, and properly solving the long-term livelihood of land requisition farmers are related to the vital interests of land requisition farmers and the overall situation of economic development and social stability. Governments at all levels should practice Theory of Three Represents, fully implement Scientific Outlook on Development, adhere to the height of people-oriented and administration according to law, fully understand the importance of strengthening land acquisition management, enhance the sense of responsibility and urgency, earnestly strengthen leadership, strictly use land according to law, intensively use land, resolutely correct acts that infringe on farmers' interests in land acquisition, and earnestly safeguard the legitimate rights and interests of landless farmers.

All localities should be strict in discipline and standardize the management of land use approval. Before the implementation of the new compensation standard for land acquisition, we should not rush to apply for land use approval and approve the conversion of agricultural land. It is not allowed to adopt flexible methods to lower the compensation and resettlement standards for land acquisition and delay the payment of land acquisition compensation, and it is not allowed to delay the payment of land acquisition compensation to land-expropriated villages and farmers by means of interception, misappropriation, deduction or occupation.

All localities should conscientiously do a good job in land letters and visits. In the process of organizing the implementation of the land acquisition plan, adhere to the principle that a few people make unreasonable demands, administer according to law, patiently and meticulously do a good job in propaganda, explanation and persuasion, and eliminate unstable factors in the bud; If the compensation and resettlement for land acquisition that reflects the true situation is not in place, resulting in serious social stability problems, the approval of agricultural land conversion and land expropriation in this area will be suspended, and the responsibility of the main person in charge and the person directly responsible of the local government will be investigated; Those who intercept, embezzle, occupy or misappropriate land acquisition compensation, which are strongly reflected by the masses and found through inspection, should be severely punished according to law.

The new laws, regulations and policies promulgated by the state shall be implemented in accordance with the new provisions of the state.

Attachment: Classification Table of Minimum Standard Area for Land Acquisition Compensation in Hubei Province (omitted)

the people's government of hubei province

February 27(th), 2005

Classification table of minimum standard area for land requisition compensation in Hubei Province

Category minimum annual output value standard (yuan/mu) minimum resettlement subsidy standard (yuan/person) area

A 1800 18000

Main urban areas of Wuhan: Jiang 'an District, Jianghan District, Qiaokou District, Hanyang District, Wuchang District, Hongshan District, Qingshan District and East Lake Scenic Area.

Category II 1200 10000

Dongxihu District of Wuhan, huangshigang district of Huangshi, Xiangcheng District of Xiangfan, fancheng district of Xiangfan, Xiling District of Yichang, Wujiagang District of Yichang, zhangwan district of Shiyan and Maojian District of Shiyan.

Category III 1000 8500

Jiangxia District of Wuhan, caidian district City of Wuhan, Hannan District of Wuhan, huangpi district City of Wuhan, Xinzhou District of Wuhan, Dianjun District of Yichang City, Xiaoting District of Yichang City, Xisaishan District of Huangshi City, Shashi District of Jingzhou City, Duodao District of Jingzhou City, Echeng District of Ezhou City of Jingmen City, Xiantao City, Qianjiang City, Xialu District of Huangshi City, Tieshan District of Huangshi City,

Four categories 900 7600

Dongbao District of Jingmen City, Shayang County, Xiangyang District of Xiangfan City, Tianmen City, Xiaonan District of Xiaogan City, danjiangkou city City, Zaoyang City, Yicheng City, jiangling county City, Shishou City, Songzi City, Zengdu District of Suizhou City, Zhongxiang City, jingshan county City, Huangzhou District of Huanggang City, Macheng City, Wuxue City, Huarong District of Ezhou City, Xian 'an District of Xianning City and chibi city City.

Five categories 800 6800

Honghu city, Gongan, Jianli, liangzi lake, Jiayu, Guangshui, Enshi, Jianshi, Yunxian, Nanzhang, Gucheng, Xiaochang, Dawu, Hongan, Qichun, Huangmei, Yuan 'an, Zigui and Yangxin.

Six categories 700 6000

Zhushan County, Fangxian County, Yunxi County, Zhuxi County, Luotian County, yingshan county County, Tuanfeng County, Tongcheng County, Chongyang County, Tongshan County, Xingshan County, Wufeng Tujia Autonomous County, Changyang Tujia Autonomous County, Badong County, laifeng county County, Hefeng County, Xianfeng County, Xuanen County, Baokang County, Lichuan City and Shennongjia Forest Region.