Compensation standard for relocation of coal mine subsidence area in Huainan city

Article 1 In order to do a good job in compensation for relocation and resettlement of residents in coal mining subsidence areas, protect the legitimate rights and interests of residents in subsidence areas, and promote the development of coal mining enterprises and local economy, these Measures are applicable to residents in coal mining subsidence areas within the administrative area of this Municipality in accordance with the Law of People's Republic of China (PRC) on Land and Land Administration, the Measures for the Implementation of the Law of the People's Republic of China on Land Administration in Anhui Province and the Notice of the General Office of the People's Government of Anhui Province on Further Doing a Good Job in Compensation for Relocation and Resettlement of Residents in Coal Mining Subsidence Areas (Anhui Zhengban [2008] Article 2. The term "residents" as mentioned in these Measures refers to rural residents living in rural collective land in coal mining subsidence areas of this Municipality. Article 3 Coal mining enterprises shall pay compensation fees for relocation and resettlement in coal mining subsidence areas according to the following standards: (1) Compensation shall be made in the form of population compensation, and the calculation formula of compensation fees for relocated households shall be: number of people relocated × compensation area per capita × compensation standard per unit area. The specific compensation standard is as follows: 1. The per capita compensation area is 33 square meters. 2. The compensation standard per unit area is per square meter 1230 yuan. (two) the coal mining enterprises shall pay the comprehensive adjustment fee at 30% of the relocation compensation fee, which shall be handled by the township (town) government where the relocation is located. It is mainly used to solve the problem that the original legal housing area of residents is larger than the compensation area. The specific calculation formula is: number of relocated people × 33m2× 1230 yuan /m2× 30%. (three) the compensation for the public construction of new villages is 25% of the compensation for the relocated households, which shall be paid by the coal mining enterprises. It is mainly used for infrastructure construction such as roads, drainage, sewage, greening and lighting in new villages. The specific calculation formula is: population to be relocated × 33m2× 1230 yuan /m2× 25%. The cost of power supply from new villages to households shall be compensated by the local county (district) government and coal mining enterprises through consultation. (four) the new village site approval, planning and design, site leveling and high-voltage power supply and other resettlement sites and municipal facilities connection costs shall be borne by the coal mining enterprises. (5) Unforeseen expenses shall be paid by coal mining enterprises according to 2% of the sum of compensation fees for demolition, comprehensive adjustment, new village public construction and public welfare undertakings. (six) coal mining enterprises to pay the moving fee according to the number of households, each household in 800 yuan. (seven) coal mining enterprises according to the agreement number of households according to the standard of 2000 yuan/household to pay the house demolition fee, the township government is responsible for the demolition of the original house. (8) During the construction of new villages, the newly born population is included in the relocated population, and the coal mining enterprises calculate the newly born population according to the birth rate. The compensation period is 2 years and 6 months, which shall be coordinated by the township (town) government where the relocation is located. (nine) the original village homestead was levied by coal mining enterprises, and the area of the original homestead of farmers exceeded the area of the new homestead, which was compensated by coal mining enterprises in accordance with the relevant standards for the current expropriation of construction land. Industrial and commercial enterprises, village collectives and institutions have gone through the formalities of land use approval and planning and construction in accordance with the law, and the township (town) government organizes coal mining enterprises to negotiate with enterprises and institutions. If compensation opinions cannot be reached, the township (town) government, coal mining enterprises and enterprises and institutions will entrust a third-party evaluation agency to make compensation after evaluation. The evaluation institution is selected by the township (town) government, coal mining enterprises and enterprises and institutions through consultation; If negotiation fails, it shall be selected by voting recommendation or drawing lots. Under the on-site notarization of the notary office. Unauthorized construction of industrial, warehousing, commercial, office and other buildings. By the township (town) government and coal mining enterprises after investigation, and reported to the county (District) government for confirmation. Article 4 The verification of residents' relocation and resettlement in coal mining subsidence areas shall be carried out according to the following procedures: (1) A verification team shall be established. The county (district) administrative department in charge of comprehensive management of coal mining subsidence area took the lead in setting up a verification team. The verification team consists of the following specialized personnel: first, the local public security organs; Second, the county (district) natural resources and planning departments, agricultural and rural departments; Third, the county (district) relocation department and township (town) village; The fourth is coal mining enterprises. The verification team is specifically responsible for the verification of the relocated population and household registration. (2) Verification and announcement. On the basis of the permanent population provided by the local public security organs and the number of households belonging to the collective economic organization, the verification team conducted on-the-spot verification on the residents of the village to be relocated. According to the verification results, the verification team will make three announcements in the townships (towns), villages and natural villages that need to be relocated, and each announcement will take no less than 7 days. The verification team shall announce the supervision telephone number of the population verification work to the public, and effectively protect the residents' right to know and supervise. (3) Review and confirm. After the verification team completes the on-site verification and posting publicity, it will report the number of households and population of the village to be relocated to the county (district) government for examination and confirmation. The deadline for determining the number of villages and population to be relocated is the date of announcement of relocation, which shall be subject to the records in the household register of the local public security organ. In any of the following circumstances, it is included in the family population: 1. Servicemen originally registered as local residents; 2. Full-time college students (including technical college students) who are still studying because of their school accounts; 3. Persons who are originally local accounts and are serving sentences; 4 retirees returned to their original places and did not enjoy welfare housing distribution; 5. For those who have obtained the Honor Certificate of the Only Child Parents and are still the only child, increase 1 person on the basis of the original family population (the increase in the comprehensive population adjustment fee will not be compensated); 6. The old man who lives with his daughter * * * (who did not enjoy compensation and resettlement for coal mining subsidence) was verified by both sides of geology and mineral resources. The old man was originally a rural hukou, with no children and no other source of income; 7. Other personnel who comply with laws, regulations, rules and relevant provisions of the state, province and city. In any of the following circumstances, it is not included in the family population: 1. Long-term rental in different places; 2. Buying and selling houses and homestead use rights without authorization; 3. Died before the announcement of relocation; 4. Others do not meet the relocation and resettlement policy. Both husband and wife can only enjoy one household placement, not separate households. Permanent residents whose registered permanent residence is not in the relocation place, but originally a local rural registered permanent residence, and who have the right to use real estate or homestead, can only enjoy one household placement, not separate households. Under any of the following circumstances, enjoy the resettlement household policy: 1. If the child reaches the age of 18, the age shall be calculated on the corresponding date two years after the announcement of relocation; 2. Other personnel who meet the resettlement account policy. The relocated households that meet the household requirements shall submit the following materials to the verification team: 1. Original and photocopy of the household registration book; 2. Original and photocopy of marriage certificate and ID card; 3. Relevant certification materials issued by local public security organs for those who go to school, join the army and serve their sentences. For poor households who are widowed, widowed and have special problems, the verification team will study and decide. Fifth relocation work is divided into four main stages: relocation announcement, relocation announcement, general survey and agreement signing, and implementation of new village construction. The specific time is as follows: (1) notice of relocation. Coal mining enterprises are responsible for informing the people's governments of cities and counties (districts) of the villages to be relocated in coal mining subsidence areas three years in advance, and the county (district) governments shall timely notify the public security organs to freeze the accounts of the relocated villages (except those that have entered the households or resumed their accounts according to law); (2) relocation announcement. After receiving the notice, the people's government of the county (district) shall negotiate with the coal mining enterprises to determine the location of the land for relocation and resettlement of natural villages, and within 10 working days from the date of determining the location of the land for resettlement, issue an announcement in the township (town), village and relocated village where the subsidence area is located, informing the scope of the subsidence area, the name of the relocated village, the location of the new village, the documentary basis and standard of relocation and resettlement compensation, and the prohibition of construction. The principle of relocation and site selection is to stabilize the coal-free area and facilitate the production and life of the people. The county (district) government shall organize coal mining enterprises and township (town) governments, county (district) natural resources and planning departments, and comprehensive management administrative departments to determine coal mining subsidence areas according to urban and rural planning and overall land use planning; (3) Census and agreement signing. 1. Field investigation; 2. Internal accounting; 3. Complete the village relocation plan, project establishment, planning and land use approval in the subsidence area. In the process of land acquisition, coal mining enterprises shall timely pay the relevant fees for land acquisition in accordance with relevant regulations, and the county (district) government shall be responsible for organizing relevant departments and coal mining enterprises to complete the land use examination and approval; 4. Sign the demolition compensation agreement. The county (district) government organized the coal mining enterprises to sign the relocation compensation agreement with the township (town) government of the relocated village, and announced the number of relocated households and the compensation population. The above-mentioned links will be carried out simultaneously and promoted as a whole, and will be completed within 1 year after the announcement of relocation. (4) New rural construction. The county (district) government where the relocated village is located is the main body responsible for relocation and resettlement, and is responsible for organizing the implementation of village relocation and new village resettlement. Coal mining enterprises shall pay the fees in time, and allocate 30% of the agreed funds within 3 months after the signing of the agreement, and the balance shall be paid within 3 months after the start of the resettlement project. County (District) and township (town) governments shall complete the relocation of residents within 2 years after signing the village relocation agreement, and at the same time complete the demolition of houses in the original village. Article 6 The construction of new villages in coal mining subsidence areas shall adhere to the principles of overall planning, centralized resettlement and unified construction, and be combined with the construction of beautiful countryside and urbanization. Conditional relocation villages can encourage relocated residents to choose monetized resettlement. Relocated households' compensation fees, comprehensive adjustment fees, compensation fees for new village public construction, and related expenses required for land acquisition and resettlement can be paid directly to the relocated residents, and the municipal (county) finance will give monetary resettlement awards according to the standard of not less than the provinces and cities. Article 7 A new village shall adhere to the principle of economical and intensive land use, and its homestead area standard: (1) Each household in the area north of Huaihe River shall not exceed 220 square meters. Among them, suburban and rural market towns, each household shall not exceed 160 square meters; (two) the area south of the Huaihe River, each household shall not exceed 160 square meters. The area of public construction land shall not exceed 15% of the total land area. Eighth county (District) and township (town) governments should strengthen leadership, play a leading role in the relocation and resettlement of villages in subsidence areas, and do a good job in relocation and resettlement; Coal mining enterprises should earnestly assume their due responsibilities and obligations and pay related expenses in a timely manner; Municipal development and reform, natural resources and planning, urban and rural construction and other departments in accordance with their respective responsibilities to do a good job in the relocation of villages in coal mining subsidence; The administrative department in charge of comprehensive management of coal mining subsidence area is responsible for coordinating, supervising and inspecting the relocation and resettlement of coal mining subsidence villages, and establishing an assessment mechanism. Ninth demolition compensation and resettlement should follow the principles of openness, fairness and justice, the relevant staff should be loyal to their duties, operate according to law, perform their duties honestly, and the county (district) and township (town) governments should severely crack down on illegal construction. Tenth counties (districts) and township governments that have completed the relocation task on time shall be rewarded by the relevant units. If the village relocation task is not completed within the specified relocation period, causing serious losses to people's lives and property, the relevant counties (districts), township governments and responsible persons shall bear corresponding responsibilities. Eleventh coal mining enterprises should strictly implement the provisions of "relocation before mining" to effectively protect the lives and property of people in coal mining subsidence areas. To implement the "first move before mining" and perform the duties of village relocation, relevant coal mining enterprises will be rewarded. Coal mining enterprises in the unfinished village mining caused serious damage to people's lives and property, the relevant coal mining enterprises and responsible persons shall bear corresponding responsibilities. Twelfth according to the relevant laws, regulations and policies and the level of economic and social development of this Municipality, these Measures shall be adjusted in a timely manner. Thirteenth these Measures shall come into force as of the date of promulgation. Before the implementation of these measures, if the coal mining enterprise and the township (town) government to which the relocated village belongs have signed a population compensation agreement, it shall still be implemented according to the provisions of the original relocation announcement; Has been carried out to verify the population publicity, has not yet signed a compensation agreement, the demolition compensation population is determined according to the provisions of the original demolition announcement, and the demolition compensation standard is implemented according to these measures; In 20 17 village relocation plan and the adjustment period of these measures (April 3, 20 18 to the date of promulgation of these measures), the compensation standard for relocated households shall be implemented with reference to these measures. Unless otherwise agreed by both parties, the agreement shall prevail.