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Excuse me, compensation for demolition and resettlement in Shuangliu County in 2009.
Documents of Shuangliu County People's Government
Shuangfufa (2009) No.30
Shuangliu county people's government
Notice on printing and distributing the measures for the implementation of land acquisition compensation and resettlement in Shuangliu County
Relevant departments of town government, subdistrict office and county government:
The Measures for the Implementation of Land Requisition Compensation and Resettlement in Shuangliu County have been agreed at the 69th executive meeting of the County People's Government on May 13, 2009, and shall come into force as of the date of promulgation.
May 20(th), 2009
Measures for the implementation of land acquisition compensation and resettlement in Shuangliu County
Chapter I General Provisions
Article 1 In order to ensure the smooth progress of land acquisition in our county and safeguard the legitimate rights and interests of land-expropriated units and individuals, according to the Regulations for the Implementation of the Land Management Law of the People's Republic of China and the Regulations of Sichuan Province,
Article 2 These Measures shall apply to land compensation, compensation for ground attachments, personnel placement, housing placement, etc. The peasants in the administrative area of our county are collectively owned.
Article 3 The main body of land requisition in our county is Shuangliu County People's Government, and no other unit or individual has the right to approve land requisition. The land requisition compensation and resettlement work is guided by the land administrative department of Shuangliu County and implemented in towns (streets).
The relevant departments of county finance, planning, construction, labor and social security, auditing, public security, agriculture, statistics, housing management, prices, and the overall planning committee shall assist in land acquisition compensation and resettlement according to their respective responsibilities.
Article 4 After the expropriation of land is approved according to law and the parties concerned get compensation and resettlement according to law, the land administrative department shall issue a notice to the expropriated unit, and the town (street) that specifically organizes the implementation shall deliver the land within the time limit specified in the notice, and shall not refuse or obstruct it.
Chapter II Compensation for Land Requisition
Article 5 After the land acquisition plan is approved according to law and announced, the owners and users of the expropriated land shall register the land acquisition compensation with the land ownership certificate or valid documents verified by the land acquisition compensation and resettlement department within the time limit specified in the announcement. Land administrative departments shall, in accordance with the approved land acquisition plan, formulate and publish land acquisition compensation and resettlement plans in conjunction with relevant departments.
Towns (streets) should specifically check the specific situation of the peasant population and the ground attachments (structures) within the scope of land acquisition, formulate the implementation plan of land acquisition compensation and resettlement, and make an announcement in the towns (streets), villages and groups where land is expropriated, and listen to the opinions of the rural collective economic organizations where land is expropriated. The implementation plan of land requisition compensation and resettlement shall be audited by the county administrative department and submitted to the county government for approval before implementation.
There are still objections to the land acquisition compensation and resettlement plan agreed by the rural collective economic organizations according to law, which will not affect the implementation of the land acquisition plan.
Article 6 When collective land is expropriated, the land acquisition department shall purchase social insurance for land-expropriated farmers in strict accordance with the laws and regulations on land management and the provisions of provinces and cities on social insurance for land-expropriated farmers. Social insurance premiums are raised by land acquisition departments and paid together with land acquisition compensation. The insurance procedures shall be handled by the towns (streets) in conjunction with the county-level labor and social security departments. At the same time, relevant departments should increase employment training for landless farmers to ensure their long-term livelihood.
Article 7 According to the overall urban planning and the comprehensive indicators such as rural economic development and agricultural production level of towns (streets), our county is divided into two types of economic zones, and its land compensation and resettlement subsidies are implemented according to the relevant provisions of provinces and cities, and in accordance with the Standards for Land Compensation and Resettlement Fees, Resettlement Subsidies and Young Crops Fees in Shuangliu County (Annex 1).
Eighth young crops compensation fee levied on cultivated land is calculated by planting in two seasons a year and compensation in one season. For details, please refer to the standard of land requisition compensation, resettlement subsidy and young crops compensation in Shuangliu County (Annex 1).
Article 9 The compensation fees for the ground attachments within the scope of collection shall be paid according to the specific approved types, specifications and quantities, and according to the compensation standards for the ground attachments. See other compensation standards for ground attachments (Annex 2) for details.
Article 10 Compensation fees for collective assets of villages and social organizations within the scope of land expropriation shall, in principle, be paid according to the types, specifications and quantities specifically verified and the compensation standards for attachments on the ground. See Compensation Standard for Demolition (Relocation) of Demolished Houses and Related Facilities (Annex 5) for details.
Eleventh approved by the administrative department of agriculture at the county level into a piece of farmers, according to the provisions of the standard of compensation. See Compensation Standard for Relocation of Growers (Annex 4), Compensation Standard for Other Ground Attachments (Annex 2) and Compensation Standard for Demolition (Relocation) of Demolished Houses and Related Facilities (Annex 5) for details.
Thirteenth any of the following circumstances, no compensation:
(1) Buildings (structures) without land ownership certificates or other valid certificates;
(two) crops, economic trees and buildings (structures);
(three) the temporary land use project with legal examination and approval procedures, the building (structure) has exceeded the service life or has been used for more than two years although the service life has not been determined;
(four) illegal construction of buildings (structures).
Fourteenth land expropriation, land acquisition units should be responsible for the restoration of roads, optical fibers, water conservancy, telecommunications, cables and other facilities according to the planning needs.
Fifteenth buildings (structures) that hold collective land ownership certificates and other legal warrants for land acquisition and demolition shall be compensated according to the prescribed standards. The relocation loss fee, handling fee and the cost of relocation and renovation of hydropower facilities involved in enterprise relocation shall be compensated by the land acquisition unit according to the standard that the total compensation for enterprises' buildings (structures) shall not exceed 15%.
Sixteenth land acquisition compensation and subsidies shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.
No unit or individual may privately divide, transfer, misappropriate or intercept the land compensation fees, resettlement subsidies, social security fees, compensation fees for ground attachments (structures) and other related expenses of the land acquisition and demolition personnel.
Chapter III Personnel Placement
Seventeenth rural collective economic organizations land expropriation, revocation of the collective economic organizations in accordance with the law, the original agricultural registered permanent residence all converted to non agricultural registered permanent residence, in line with the conditions to participate in social insurance, in accordance with the relevant provisions of the province, city to participate in social insurance.
If the land of rural collective economic organizations has not been completely expropriated, the number of people transferred from agricultural registered permanent residence to non-agricultural registered permanent residence shall be calculated by dividing the number of expropriated cultivated land by the number of per capita cultivated land before expropriation, and farmers transferred from rural areas shall participate in social insurance according to regulations. Social insurance for landless farmers whose per capita arable land is less than 0.3 mu shall be handled in accordance with the relevant provisions of provinces and cities.
Eighteenth the following personnel shall be placed according to these measures:
(1) Members who enjoy the right of distribution in the collective economic organizations whose land has been expropriated on the date when the land requisition compensation and resettlement plan is approved according to law;
(two) before joining the army, the household registration relationship was within the scope of land acquisition and enjoyed the right to distribution (including non-commissioned officers who were not placed by the state);
(three) the household registration relationship before enrollment is within the scope of land acquisition and enjoys the right to distribution;
(four) the original account is serving a sentence or reeducation through labor within the scope of land acquisition;
(five) other personnel who should enjoy the resettlement according to the relevant national policies.
Nineteenth the following persons are not applicable to the placement of these measures:
(1) Persons who do not enjoy the distribution right of collective economic organizations within the scope of land acquisition;
(2) Demobilized military cadres, professional cadres and non-commissioned officers placed according to national policies;
(three) retired from state organs, institutions, enterprises, military and other units. ;
(4) Contractors and agricultural contract workers who have been resettled by the original enterprise due to bankruptcy, restructuring and disintegration of the enterprise (involving farmers, only for registered farmers);
(five) people who have enjoyed social security according to the land acquisition policy;
(six) since the date of the announcement of the land acquisition plan, no new immigrants will be resettled except those who are legally married and have children;
(seven) other personnel who should not enjoy the resettlement according to the relevant national policies.
Chapter IV Housing Compensation and Resettlement
Twentieth according to the approved land acquisition plan announcement, the building (structure) demolition and resettlement personnel who hold the collective land ownership certificate or other valid certificates shall be resettled according to the per capita construction area of not more than 35 square meters; There are three ways of housing resettlement: single monetary resettlement (only applicable to the relocated people in a class of economic zones), unified planning, unified construction and self-built resettlement, and the resettled people can only choose one of them for resettlement; Within the scope of a class of economic zones, according to the relevant planning requirements, unified planning and self-construction are not allowed.
Refer to the Compensation Standard for Demolition (Relocation) of Demolished Houses and Related Facilities (Annex 5) for details.
Twenty-first choose a single currency resettlement, must be carried out on a household basis. Monetary resettlement is based on the housing construction area recorded in the effective building (structure) certificate held by the demolition resettlement personnel, and the land acquisition implementation unit signs a monetary resettlement contract with the land acquisition resettlement households. Relocated households who choose monetary resettlement should, in principle, be included in the management of newly-built communities.
Monetary resettlement is based on 35 square meters per capita, and monetary termination compensation is made with reference to 70% of the average price of ordinary commercial housing in towns (streets) announced by the county. If the area of the demolished house exceeds 35 square meters per capita, compensation shall be made in accordance with the standards of "Compensation Standard for Other Ground Attachments" (Annex 2) and "Compensation Standard for Demolition (Relocation) of the demolished house and related facilities" (Annex 5).
Those who choose monetary resettlement will be rewarded with 40,000 yuan per resettlement population. Within 30 working days after the completion of house demolition, towns (streets) shall pay 50% of the total housing compensation and incentive fees in advance, and the balance shall be settled in one lump sum after the resettlement farmers provide the purchase contract or housing ownership certificate filed in Shuangliu Housing Management Department.
The average price of ordinary commercial housing is subject to the price announced by the county price department in conjunction with the county housing management department.
Article 22 If unified planning, unified construction and resettlement are selected, the housing construction area recorded in the valid building (structure) certificate held by the land-expropriated personnel shall be taken as the basis, and if the original demolition housing construction area is less than 50 square meters per capita, the housing resettlement expenses shall be settled according to the unified planning and single project cost price (if the original demolition housing is less than 35 square meters per capita, the compensation shall be 35 square meters); Where the original demolished houses exceed 50 square meters per capita, the excess construction area shall be compensated according to the compensation standards for other ground attachments (Annex 2) and the demolition (relocation) compensation standards for demolished houses and related facilities (Annex 5).
Farmers who choose unified planning, unified construction and resettlement as stipulated in the preceding paragraph must apply for unified planning and unified housing construction and resettlement. If the per capita resettlement area is less than 35 square meters, it shall be calculated according to the single project cost price of unified planning and unified construction of residential areas announced by the county in that year; If the resettlement area exceeds 35 square meters, the per capita construction area shall not exceed 15 square meters, and the settlement shall be based on the comprehensive cost price of the unified planning and construction community announced by the county in that year. You can also refer to the average price of affordable housing announced by the county in the same year to arrange housing with a per capita construction area of no more than 10 square meter.
Unified planning and unified construction of single project cost (single project cost) is based on the cost price of multi-storey buildings or high-rise buildings announced by the county price department in conjunction with the county construction department; The comprehensive cost of unified planning and construction of residential areas (including the cost of individual projects and the cost of land, general peace and municipal facilities) is based on the comprehensive cost of multi-storey or high-rise buildings announced by the county price department in conjunction with the county construction department. The price of affordable housing shall be subject to the price of affordable housing announced by the county price department in conjunction with the county housing management department.
The resettlement plan for the demolished farmers shall be reported to the county coordinating committee and the county land department for the record after publicity. Demolition and resettlement shall be subject to audit supervision, and the construction cost of unified planning and resettlement community shall be reported to the county audit department for audit and settlement.
Unified planning, unified construction, unified resettlement community construction related work led by the county construction department, towns (streets) as the main body of implementation. In strict accordance with the relevant provisions of cities and counties and the basic construction procedures, formulate and improve the relevant mechanisms of community construction, management and service, and effectively ensure that the farmers who have been demolished are properly resettled.
Article 23 If self-built resettlement is selected according to the housing construction area recorded in the valid building (structure) certificate held by the demolition resettlement personnel, the demolished houses and supporting facilities shall be compensated according to the standards of Compensation Standard for Other Ground Attachments (Annex 2) and Compensation Standard for Demolition of Demolished Houses and Related Facilities (Annex 5). On the premise of conforming to the plan and approved by the relevant departments, the per capita area of the relocated households shall not exceed 30 square meters.
Twenty-fourth moving and transition costs. Expropriation of land involves relocation subsidies for relocated households. According to the resettlement population, each person will be given a one-time subsidy to 300 yuan. If the transition is really necessary, it is necessary to implement the resettlement plan and measures to ensure the basic living and living conditions of the demolition personnel during the transition period. The transition fee standard for land acquisition and relocation in the first-class economic zone is 160 yuan per person per month, and the transition fee standard for land acquisition and relocation in the second-class economic zone is 140 yuan per person per month. In principle, the transition period of land acquisition, house demolition and resettlement cannot exceed 12 months. Relocated households who choose monetary resettlement can enjoy a half-year transition fee.
Twenty-fifth demolition incentives. To actively cooperate with the land acquisition and demolition work and complete the demolition within the specified time, each person will be rewarded with 2000 yuan.
Twenty-sixth servicemen (including non commissioned officers who have not been placed according to the provisions of the state), college students and prisoners and reeducation-through-labor personnel, the demolition of houses shall be handled in accordance with the relevant provisions of these measures. Other relocated households that should be included in the scope of housing resettlement shall be determined by towns (streets) according to relevant regulations, and detailed rules for the implementation of land acquisition compensation and resettlement shall be formulated.
Fifth legal responsibility
Twenty-seventh in violation of the provisions of these measures, which constitutes a violation of the land management law of the people's Republic of China, the implementation regulations of the land management law of the people's Republic of China and the implementation measures of the land management law of Sichuan Province, shall be punished in accordance with the provisions.
Twenty-eighth land expropriation, compensation and resettlement according to law, the parties refused to move, shall be ordered to move within a time limit; Fails to move, after the approval of the county government to help move. Fails to receive resettlement subsidies and compensation fees for attachments on the ground (structures), special storage, escrow by the local town government (street offices), as compensation.
Twenty-ninth administrative counterparts who refuse to accept specific administrative acts such as administrative punishment and compulsory measures may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Thirtieth of the occupation, misappropriation of land acquisition compensation and other related expenses of the units and individuals, according to the provisions of relevant state laws and regulations.
Article 31. Personnel engaged in land acquisition dereliction of duty, abuse of power, corruption, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions in accordance with relevant regulations.
Chapter VI Supplementary Provisions
Thirty-first national key construction projects and provincial, municipal and county people's governments have other provisions on land acquisition compensation and resettlement standards, from those provisions.
Thirty-second land acquisition projects that have been implemented before the promulgation of these Measures are still compensated and resettled according to the county government's "On Printing and Distributing Shuang Fu Hannuo 200 165". These Measures shall apply to the newly started land acquisition, demolition, compensation and resettlement projects from the date of promulgation and implementation of these Measures.
Article 34 Towns (streets) in the county shall, in accordance with the relevant provisions of these Measures and the requirements of villagers' autonomy, study and formulate detailed rules for the implementation of compensation for land acquisition and demolition, and further refine the implementation procedures and scope of subsidy standards for compensation and resettlement for land acquisition and demolition, personnel resettlement and housing compensation and resettlement. Town (street) land acquisition compensation and resettlement implementation details, audited by the county land administrative departments, the Legislative Affairs Office of the county government for the record, and submitted to the county government for approval.
Thirty-fifth approach by the county land administrative departments responsible for the interpretation of.
Article 36 These Measures shall come into force as of the date of promulgation.
Attachment: 1 Standard of Land Requisition Compensation, Resettlement Subsidy and Young Crop Compensation in Shuangliu County
2, other ground attachments compensation standard
3, a farmer relocation compensation standard
4, large-scale farmers relocation compensation standard
5, the demolition of houses and related facilities (general) demolition compensation standard
Attachment 1
Land compensation fees and resettlement subsidies for the regional categories under the jurisdiction of towns (streets) (yuan/mu)
A type of economic zone (within a planned urban area)
Dongsheng, Huayang, Zhonghe, Jessie Office, Zhengxing, Jiujiang, Peng Zhen, Huangshui, Shengli, Huangjia, Xinxing, Gongxing, Wan 'an,
Xinglong and Jinqiao 28,000-45,000 yuan/mu
Young crops compensation fee 1220 yuan/mu, and non-cultivated land will be halved.
Land compensation fees and resettlement compensation fees in the second-class economic zone (outside the urban planning zone)
Huanglongxi, Yong 'an, Baisha, Taiping, Hejiang, Yongxing, Samsung, Jiancha, Yoshida and Dalin 24000-33000 (yuan/mu)
Young crops compensation fee 1220 yuan/mu, and non-cultivated land will be halved.
Annex 2
Compensation standards for other ground attachments (refer to provincial and municipal standards)
Brick fence ㎡ 50 yuan.
Shaiba concrete ㎡ 40 yuan
Concrete ㎡ 30 yuan
Guo Ding Zaoyan 150 yuan
Granary 1 10 yuan, only one for each household.
Water Tower 1 10-275 (Yuan)
400 yuan at the hydraulic wellhead and 600 yuan at the cave entrance.
Biogas pit mouth 1500 yuan
Septic tank brick cube 50 yuan.
Sanhe Lifang 30 yuan
66 yuan's coil storage seat
Grave clay pot coffin 600 yuan
Old coffin 800 yuan
Bamboo shed in greenhouse is 20㎡.
Steel shed ㎡ 80 yuan
Brick shed ㎡ 60 yuan
Iron Gate Fan 300 yuan
Gold for removing branches and tips from bamboo 1 yuan
DBH 2-4 yuan is used for trees below 3㎝.
Trunk diameter measured at1.3m above the ground.
3㎝-5㎝ strain 8- 10 yuan
Trunk diameter measured at1.3m above the ground.
6㎝- 10㎝ strain 18-20 yuan
Trunk diameter measured at1.3m above the ground.
1 1㎝- 15㎝ strain 40-50 yuan
Trunk diameter measured at1.3m above the ground.
16㎝-20㎝ strain 80-90 yuan
Trunk diameter measured at1.3m above the ground.
2 1-30㎝ strain 130- 150 yuan
Trunk diameter measured at1.3m above the ground.
More than 30㎝ strains 200-300 yuan
Reservoir cube 20 yuan
Air conditioning transfer fee 100 yuan for wall hanging.
Cabinet machine 200 yuan.
/kloc-pole 200 yuan below 0/0m.
/kloc-500 yuan over 0/0m.
Mud ditch cube 20 yuan
Open caisson 8000 yuan (including auxiliary facilities of power distribution room)
Annex 3
Compensation standard for relocation of piecework growers
Category specification unit compensation standard
(Yuan/mu)
Lotus shoots per mu 1000- 1500 yuan.
Tea garden mu1400-2,400 yuan/mu
Mulberry garden mu 1400- 1800 yuan/mu
The mu yield of woody nursery is 3000-6000 yuan/mu.
The fixed planting area of fruit trees is 654.38 million yuan (including 200-600 trees/mu).
Young trees 2000 yuan/mu
Fruit trees are 5000 yuan, including planting amount (100-200 trees/mu).
Trees in full fruit period are 8000 yuan/mu.
The fixed planting area is 65,438+0,000 yuan, including planting amount (400-680 plants/mu).
Young trees are 2000 yuan per mu.
Fruit trees are 5000 yuan per mu.
Trees in full fruit period are 8000 yuan per mu.
Edible fungi 5- 10 yuan per plant.
Edible bamboo plants 3-each plant in 5 yuan
Medicinal materials are 2000-3500 yuan per mu.
Woody 4000-5000 yuan per mu
Flowers and herbs cost 3000-6000 yuan per mu, including transplant loss.
Woody 9000 yuan per mu
Strawberry fungus1400-2,400 yuan
Annex 4
Compensation standard for relocation of large-scale farmers
Category Specification Compensation Standard (Yuan) Remarks
The fish pond was transformed to 3000 yuan/mu.
Tutang 2000 yuan/mu
More than 5 cows in 600-900 yuan.
Generally, there are 300 cows-more than 5 in 600 yuan.
More than 500 poultry are at 500- 1000 yuan.
More than 50 pigs and sheep are at 500- 1000 yuan.
Annex 5
Demolition compensation standard for demolished houses and related facilities
Category category unit compensation standard
(Yuan) Remarks
The 540m2 brick-concrete structure of rural housing refers to the area owned by farmers and confirmed by ownership.
Brick-wood structure 400 yuan
Simple shed 100 yuan
Reinforced concrete buildings in enterprises, villages and towns, public facilities and public welfare undertakings
Full-frame residence ㎡ 550 yuan (enterprises need to have legal land use procedures)
steel reinforced concrete
Half-frame room per square meter 440 yuan
Brick-concrete steel structure 540 yuan per square meter
Board houses 3 10 yuan per square meter.
Renovation of steel structure room per square meter 250 yuan
Brick-wood flat tile house 250 yuan per square meter
Brick and wood asbestos tile house per square meter 160 yuan
Simple bungalow per square meter 100 yuan
The natural gas user is 3,700 yuan, and the cancellation procedures will be compensated.
Tap water households 2400 yuan with cancellation procedures for compensation.
400 yuan, a satellite TV user, compensated for cancellation procedures.
Three-phase electricity users 2000 yuan with cancellation procedures for compensation.
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