Resettlement of surplus housing

Detailed Rules for the Implementation of Compensation and Resettlement for Land Requisition and Demolition in Jiangbei District of Chongqing Municipality

Chapter I General Principles

Rule number one According to the Measures of Chongqing Municipality on Land Requisition Compensation and Resettlement (Decree No.55 of the municipal government) and the Notice of the municipal government on Relevant Matters Concerning the Adjustment of Land Requisition Compensation and Resettlement Policy (Yu Fu Fa [2008] No.45), combined with the actual situation of our district, these rules are formulated.

Rule number two These rules shall apply to the compensation and resettlement for the demolition of collectively owned land within their respective administrative areas.

Rule three. The expropriation of collectively owned land shall be organized and implemented by the district land administrative department and the district land acquisition management office.

Labor and social security, civil affairs, public security, letters and visits, agriculture, finance, taxation, auditing, supervision, planning, construction and other relevant departments shall, according to their respective functions and duties, cooperate with the district land administrative departments and the district land acquisition management office to do a good job in compensation and resettlement for land acquisition and demolition.

The Town People's Government and the subdistrict office shall assist the district land administrative department and the district land acquisition management office to complete the land acquisition, demolition, compensation and resettlement work.

Chapter II Demolition

Article 4? Demolition of buildings within the scope of land acquisition shall be handled in accordance with the following provisions:

(a) buildings belonging to streets (towns) and rural collective economic organizations shall be demolished by themselves in accordance with the time limit announced in the compensation and resettlement plan for land acquisition and demolition.

(2) Buildings belonging to individuals shall be demolished within 15 days from the date of the demolition announcement. Among them, with the collective land construction land use certificate ","rural housing ownership certificate "(hereinafter referred to as the" two certificates ") of legal buildings, removed within the specified time and passed the acceptance, according to its legal area per square meter reward 30 yuan (except simple shacks).

(3) If the owner of the house holding the "two certificates" applies for residual value acquisition, the acquisition standard shall be implemented according to Schedule 1, and the house after residual value acquisition shall be disposed of by the purchaser.

Article 5? Land-expropriated urban residents who complete the registration of personnel and houses within the time specified in the compensation and resettlement plan for land acquisition and demolition approved by the government and demolish houses within the time specified in the demolition announcement will be rewarded at a rate of 4,000 yuan per person, and will not be rewarded after the time limit.

Article 6? Within the specified time, a one-time relocation subsidy will be given to the relocated households, and each household with less than 3 people (including 3 people) will be 500 yuan; More than 4 people (including 4 people) per household in 800 yuan. Transition households are counted as 2 times.

Article 7? Because of the need of construction, the relocated households must move ahead of time. If they belong to the unified preferential purchase and resettlement, the transition fee will be paid from the month of relocation. The transition fee is calculated according to the actual transition months, with 200 yuan per person per month in Class I area and Kloc-0/60 yuan per person per month in Class II area.

Chapter three? Make up? compensation

Article 8? Land expropriation shall pay land compensation fees, resettlement subsidies and compensation fees for buildings, young crops and attachments on the ground according to law.

Article 9? Land compensation fees are calculated according to the projected area of the expropriated land, regardless of the land category. The land compensation fee per mu/kloc-0.6 million yuan in the first-class area and 0.5 million yuan per mu/kloc-0.5 million yuan in the second-class area.

Land compensation fee is the compensation obtained by rural collective economic organizations whose land has been expropriated. 80% of the total amount of land acquisition compensation is used as a whole for landless farmers to participate in the basic old-age insurance for urban enterprise employees, which is allocated to the labor and social security department by the district land administrative department and the district land acquisition management office; The remaining 20% is paid to the rural collective economic organizations whose land has been expropriated, and used for developing the collective economy or arranging the production and life of the members of the collective economic organizations.

Article 10? Buildings are compensated according to the legal area of "two certificates", and the compensation standard is implemented according to the attached table 1; Young crops are compensated according to the actual planting area at the time of land acquisition, and the compensation standard is implemented according to Schedule 2; The compensation standard for structures (attachments) within the scope of the right to use the homestead shall be implemented according to Schedule 3.

Rural residential converted to other uses, still according to the residential compensation.

Article 11? For buildings (attachments) within the scope of land acquisition, cooperatives can choose one of comprehensive quota and actual measurement to compensate.

(A) the comprehensive quota method

The compensation area is calculated according to the demarcation area of land survey, which is 1.6 times of the land occupied by homestead and other buildings, and is paid to the land-expropriated cooperative according to the standard of 1.5 million yuan per mu. Under the guidance of the street (town) and village committee, the land-expropriated cooperative will dispose of the comprehensive fixed compensation fee in combination with the actual situation of the cooperative.

(2) according to the actual measurement method

The district land administrative department and the district land acquisition management office will form a joint working group with the streets (towns), villages and communities to measure and register the structures (attachments) within the scope of land acquisition.

Compensation standard for attachments planted in pieces: the compensation for orchards, vineyards and dried fruit orchards is 6000 yuan per mu; Woody garden, mulberry garden, tea garden compensation of 4600 yuan per mu; Miscellaneous wood is compensated at 2300 yuan per mu; Compensation per mu of Herb Garden 1800 yuan. Transplanted seedlings are compensated by 50% of the above corresponding category standards. If two or more plants are interplanted on the same plot, compensation shall be made according to one of the main varieties.

Forest land and attachments belonging to collective economic organizations are compensated at 5000 yuan per mu.

Article 12? The following buildings (structures) on the ground shall not be compensated:

(a) do not have the "two certificates" of the house;

(two) after the approval of government land acquisition was issued, the buildings (structures) robbed of construction were sealed up;

(3) Buildings (structures) built on illegal land;

(four) buildings (structures) that have been used for more than two years on temporary land beyond the approved use period or although there is no specified use period.

Article 13 The houses of the house owners who hold the "two certificates" within the scope of land acquisition but do not meet the housing resettlement conditions shall be compensated by 50% according to the similar standards specified in Schedule 1.

Fourteenth relocated households occupy agricultural land, according to the approved area per mu 16000 yuan to compensate the relocated households. Rural residents who relocate their houses in different places will be given a one-time relocation subsidy of 2000 yuan per person.

Fifteenth landless farmers housing is not within the scope of land acquisition, not demolition compensation and resettlement. However, according to the homestead area determined by the collective construction land use right certificate, the rural collective economic organizations whose land has been expropriated shall pay the farmers a one-time comprehensive compensation for occupying the homestead. After compensation, rural residents enjoy the same treatment as members of local rural collective economic organizations in using public facilities and public welfare undertakings. When the national construction needs to requisition the homestead, it shall handle the housing compensation and resettlement in accordance with the relevant provisions at the time of land acquisition.

Sixteenth personal cable TV, natural gas installation fees, broadband network opening fees, water meter compensation standards in accordance with Schedule 4, telephone transfer by the telecommunications sector invoice compensation. The electric meter belonging to the transformation of rural power grid is compensated to the cooperative. The hydropower facilities of land-expropriated units (excluding land-expropriated farmers) shall be compensated according to the actual installation cost. The decoration of the demolished house will not be compensated.

Article 17? The building compensation standard of "two certificates" enterprises shall be implemented according to Schedule 5, and the structures shall be implemented according to Schedule 3. The buildings (structures) after compensation shall be disposed of by the district land administrative department and the district land acquisition management office. The relocation loss expenses of the demolished enterprise (including equipment relocation loss expenses, shutdown loss expenses and relocation expenses) shall be calculated according to 15% to 20% of the depreciated net value of the relocated equipment.

Article 18? Compensation and resettlement for the construction of large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the relevant provisions of the state and Chongqing Municipality.

Chapter four? personnel placement

Article 19 The following personnel within the scope of land acquisition shall be resettled in accordance with relevant regulations or by adjusting the contracted land:

(1) Agricultural personnel;

(2) college students;

(3)/kloc-conscripts and non-commissioned officers under the age of 0/0 (including 10);

(4) Reeducation through labor personnel.

Article 20? The following personnel shall not be placed:

(a) unable to establish a marriage relationship or support (support) relationship to move in and there is no contracted land;

(2) Rotation of rural retirees.

Article 21? Determination of Land-expropriated Rural-to-Non-Rural Persons

If all the land of a collective economic organization is expropriated, all the members of the collective economic organization will move from rural areas to cities. If the land of collective economic organizations is partially expropriated, the number of farmers turning into non-farmers shall be calculated and determined by dividing the sum of the expropriated cultivated land area (the area of orchards and pastures is calculated according to the cultivated land area, the same below) by 0.5 times of the non-cultivated land area and dividing it by the per capita cultivated land area of the expropriated collective economic organizations. The per capita cultivated land area is the cultivated land area recorded in the collective land ownership certificate (excluding the expropriated cultivated land area) divided by the total number of rural collective economic organizations.

When the land of the collective economic organization is partially expropriated, and the contracted farmland of the landless farmers is expropriated, and the remaining cultivated land area is less than 0.5 mu per household, the landless farmers may separately apply to increase the number of farmers in rural areas in accordance with the above provisions until the remaining cultivated land area of the household reaches more than 0.5 mu per household. Land-expropriated farmers have not applied for conversion from rural areas to non-rural areas, and rural collective economic organizations should adjust their contracted cultivated land if conditions permit.

In the urban (town) planning area, if houses are demolished, the relocated households can apply for all farmers to transfer to the countryside.

Article 22? Resettlement of Land-expropriated Rural-to-Urban Persons

Land-expropriated farmers are registered as urban residents according to law and incorporated into the basic old-age insurance system for urban enterprise employees. According to the municipal government's Notice on Printing and Distributing the Trial Measures for the Basic Old-age Insurance for Land-expropriated Farmers before February, 2007 1 and the Trial Measures for the Basic Old-age Insurance for New Land-expropriated Farmers after February, 2008 1 (Yu Fu Fa [June, 2008, 65438+ 10/), the land is no longer expropriated.

The resettlement subsidy is calculated according to the number of non-resettlement agricultural population, and the resettlement subsidy standard for each non-resettlement agricultural population is 28,000 yuan.

The payment of resettlement subsidies is determined according to the different age groups of landless farmers. In the month when the land acquisition compensation and resettlement plan is approved according to law, the resettlement subsidy will be paid in full to individuals under the age of 16; For 16-year-old and above landless farmers, their individuals should pay 50% of the total cost of participating in the basic old-age insurance for urban enterprise employees in accordance with relevant regulations, and the district land administrative department and the district land acquisition management office will allocate the resettlement subsidies to the district labor and social security department for special use in the basic old-age insurance for landless farmers, and the remaining resettlement subsidies will be paid to individuals to arrange production and life.

If 80% of the land compensation fee and the monks who pay the basic old-age insurance fee can't meet the capital demand of the landless peasants to participate in the basic old-age insurance, the difference will be made up by the land-expropriated units until the capital demand of the landless peasants to participate in the basic old-age insurance is met.

Article 23? The following urban residents can be allocated to the civil affairs department at one time by the district land administrative department and the district land acquisition management office, and the civil affairs department will make resettlement or pay living expenses on a monthly basis according to the regulations:

/kloc-orphans under 0/8 years old;

(2) Widowed persons who have reached the age of 60 for men and 50 for women;

(3) Persons with disability certificate, incapacity and no guardian;

(four) the people's hospital at or above the county level has proved that he is mentally ill and has no guardian.

Article 24? District labor and social security departments, streets (towns) should establish and improve the unemployment registration system and employment service system, actively provide policy advice, employment guidance, employment training, employment introduction and other services, develop jobs through multiple channels, enhance employment absorption capacity, improve and optimize the employment environment, and promote the employment of landless farmers with employment aspirations within working age. Land-expropriated farmers of working age can enjoy relevant preferential policies for the employment of urban registered unemployed people. Land-expropriated farmers or children of land-expropriated farmers studying in various secondary vocational schools within their respective administrative areas can enjoy the subsidy policy for studying with reference to the relevant provisions of the Decision of the Municipal Party Committee on Accelerating the Industrial Development of the Reservoir Area, Focusing on Solving the Employment of Immigrants and Promoting the Prosperity and Stability of the Reservoir Area (Wei Yufa [2006]18).

Article 25? Each street (town) should establish a multi-channel and multi-form relief system for landless farmers. Families of landless farmers who have difficulties in living and meet the minimum living guarantee conditions for urban residents shall be handled by the district civil affairs department in accordance with the relevant provisions of the minimum living guarantee for urban residents.

Article 26? From June 5438+1 October1in 2008, the social security co-ordination fee (hereinafter referred to as the co-ordination fee) will be levied when approving land. The overall planning fee is charged according to the land area, and the operating land (including the state-owned construction land in stock) and urban development land are charged according to the standard of 30,000 yuan per mu; The newly requisitioned industrial land is charged at the standard of 6,543,800 yuan per mu.

As a whole, the fees will be included in the land cost, which will be uniformly collected by the municipal finance department, and will be included in the special account management as municipal special income to be earmarked for the overall adjustment of social security fees for landless farmers. Specifically, it shall be implemented in accordance with the Emergency Notice of the Municipal Bureau of Land and Housing on Relevant Issues Concerning the Collection of Social Security Co-ordination Fees for Land-expropriated Farmers (Chongqing Bureau of Land and Housing [2008] No.86) and the Notice of the Municipal Finance Bureau and the Municipal Bureau of Land and Housing on Relevant Issues Concerning the Collection and Management of Social Security Co-ordination Fees for Land-expropriated Farmers (Chongqing Finance Management [2008] 144).

Chapter five? Housing placement

Article 27? Before the effective date of the government land requisition announcement, the land-expropriated farmers who hold the "two certificates" of the demolished houses are the housing resettlement targets.

Article 28? In any of the following circumstances, it shall not be placed:

(a) rural residents whose houses have been demolished and have not changed from rural areas to cities;

(2) Persons whose houses have not been demolished;

(three) urban residents who have acquired housing property rights through sale, inheritance and gift, except those who have no housing in cities and towns.

Article 29? According to the requirements of the government's land requisition announcement, the registered population (including urban residents) living within the scope of land requisition shall register at the designated place with legal documents (household registration book, ID card, collective land construction land use certificate and rural house ownership certificate).

Article 30? The housing resettlement object is placed according to the standard of 30 square meters per capita.

Article 31? Housing resettlement adopts two ways: unified construction, preferential purchase of houses or monetary resettlement. Each household can only choose one resettlement method in the form of a written application.

Article 32? If the housing resettlement object chooses unified preferential purchase or monetary resettlement housing, the household shall be handled in accordance with the following provisions:

(A) the choice of unified construction priority purchase

The per capita 30 square meters part is purchased at the compensation price of brick wall (strip stone) prefabricated cover at the time of land acquisition.

Determine the corresponding apartment type according to the specified area standard. Due to the limitation of huxing design, the part of each house that exceeds the specified standard of 5 square meters shall be purchased at 50% of the construction and installation cost of the house; More than 5 square meters and less than 10 square meter, according to the housing construction and installation costs; The part exceeding the specified standard 10 square meter shall be purchased according to the comprehensive cost of the house. If the number of units is increased or increased due to special reasons, the increased area shall be purchased at the monetary resettlement price after my application and the consent of the resettlement party.

In case of divorce and separation of households after the government land acquisition announcement takes effect, the corresponding minimum apartment type shall be determined according to the prescribed area standard, and the part exceeding the prescribed standard shall be purchased according to the comprehensive housing cost.

Due to the limitation of apartment design, if the purchased house area does not meet the specified standard, the insufficient part will be compensated according to the monetary resettlement price.

(2) If monetary resettlement is selected, the resettlement amount is the monetary resettlement price ×30 m2/ person.

Article 33? Before the government land acquisition announcement comes into effect, if the housing resettlement object is married but has not yet given birth and chooses to buy a house at a preferential price, 20 square meters of housing can be purchased at 50% of the housing construction and installation cost; If monetary resettlement is selected, the resettlement amount will be increased to the monetary resettlement price ×20 m2/ person.

Article 34? When the resettlement party announces the housing resettlement, if the housing resettlement object has reached the legal age of marriage but has never been married, and chooses to buy a house at a preferential price, an additional 20 square meters of housing can be purchased according to the housing construction and installation cost; If monetary resettlement is selected, the resettlement amount will be increased to the monetary resettlement price × 15 m2/ person.

Article 35? Before the effective date of the government land requisition announcement, the spouse (it takes three years to remarry), children, spouses and children of the housing resettlement object are registered as urban residents, and they have no housing in other places and have lived with the housing resettlement object for a long time within the scope of land requisition, and they have not enjoyed any form of welfare housing allocation treatment. After the consent of the resettlement party, they are merged with the housing resettlement object and handled according to the following categories:

(1) spouse

If you choose to buy a house at a preferential price, you will buy a house of 30 square meters according to the compensation price of brick wall (strip stone) prefabricated sets at the time of land acquisition; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price ×30 m2/ person.

(2) Children

If you choose to buy a house at a preferential price, you can buy 20 square meters of housing at 50% of the construction and installation cost price; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price ×20 m2/ person.

(3) Children of spouses and children

If you choose to buy a house at a preferential price, you can buy a house of 20 square meters according to the comprehensive cost of the house. Due to the limitation of apartment design, the part exceeding the specified area is purchased at the monetary resettlement price; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price × 10 m2/ person.

Article 36? Before the effective date of the government land acquisition announcement, the urban residents with "two certificates" who have lived for a long time within the land acquisition scope, the holder, the holder's spouse and children have no housing in other places, and have not enjoyed any form of welfare housing allocation treatment, shall be classified according to the following circumstances after being examined and approved by the resettlement party:

(a) the holder and his spouse

If you choose to buy a house at a preferential price, you will buy a house of 30 square meters according to the compensation price of brick wall (strip stone) prefabricated sets at the time of land acquisition; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price ×30 m2/ person.

(two) the children of the holder

If you choose to buy a house at a preferential price, you can buy a house of 20 square meters according to 50% of the construction cost of the house and merge with the holder; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price ×20 m2/ person.

Article 37? After the government land acquisition announcement comes into effect, those who remarry after divorce or increase for other reasons will not be resettled.

Article 38? If both husband and wife with registered permanent residence in two rural collective economic organizations are housing resettlement targets, they will be merged into one household for housing resettlement. Housing placement objects in more than 2 rural collective economic organizations have houses, housing demolition can only be placed once. Due to the phased land acquisition, the members of the same family have successively changed from agriculture to non-agriculture, and first changed from agriculture to the merger and resettlement of non-agricultural workers.

Article 39? For the housing resettlement objects whose land was expropriated after June 5438+1 October12008, if monetary resettlement is selected, they can choose to purchase the directional housing provided by the district land administrative department and the district land acquisition management office, and sign the directional housing purchase contract; If you don't buy directional housing, each person will be rewarded 15000 yuan on the basis of one-time settlement of resettlement funds.

Others who meet the housing resettlement conditions, choose monetary resettlement housing and do not buy directional housing, will be rewarded with 5000 yuan per person.

Article 40? Transfer fee paid to:

(a) housing resettlement object;

(two) the spouse and children of the housing resettlement object who meet the housing resettlement conditions;

(three) urban residents who hold the "two certificates" and meet the housing resettlement conditions.

There is no transition fee for active duty conscripts, noncommissioned officers under 10 years, reeducation-through-labor personnel and rural farmers without housing.

Article 41? Newborns born normally during the transition period shall be counted according to the month of birth after entering the household; Active duty conscripts and noncommissioned officers under 10 years shall be counted from the month of discharge; Reeducation-through-labor personnel will be paid wages from the month when their sentences are released; The death toll stopped one month after death.

Article 42? If the housing resettlement object chooses monetary resettlement, the transition fee will not be paid, and the one-time resettlement subsidy will be 2000 yuan per person.

Article 43? The construction and installation costs of resettlement houses include foundation, main body, roof, water and electricity installation and other engineering costs; The comprehensive cost of resettlement housing is Jian 'an cost plus land cost, environmental engineering, supporting engineering and other expenses; Jian 'an cost and comprehensive cost are approved and published by the district land administrative department, the district land acquisition management office and the district construction administrative department.

The monetary resettlement price shall be formulated and published by the district government in accordance with the principle of not less than the sales price of affordable housing in the adjacent areas within the scope of land acquisition.

Article 44? Choose self-built preferential housing buyers to buy resettlement houses, and the housing resettlement unit is responsible for handling real estate warrants. The natural gas installation fee for resettlement houses shall be borne by the resettlement households themselves and paid at the time of purchase.

Article 45? For rural to non-rural resettlement houses, special maintenance funds shall be set aside according to the proportion of 3% of Jian 'an cost, which shall be used for the overhaul, renewal and transformation of * * * parts and * * * facilities and equipment of the resettlement house after the warranty period expires.

Article 46? The owner of the house shall pay the property management fee to the property management unit in accordance with the relevant provisions.

Chapter six? Attached? rule

Article 47? District departments should, according to their respective responsibilities, * * * do a good job in land acquisition, demolition, compensation, resettlement and basic living security for landless farmers to ensure a smooth transition in the process of linking old and new policies.

The district land administrative department and the district land acquisition management office are specifically responsible for the implementation of compensation and resettlement for land acquisition and demolition and the transfer payment of the basic old-age insurance fund for landless farmers; Cooperate with relevant departments to confirm and register the identity of the insured.

District labor and social security departments should do a good job in social security and employment training for landless farmers, and improve the social security and employment service system.

District civil affairs departments should do a good job in the minimum living security and difficult relief work for land-expropriated farmers who meet the conditions.

District public security departments should do a good job in the household registration audit, statistics and confirmation of land acquisition related personnel, and handle household registration according to regulations.

The district letters and visits office should do a good job in the reception of letters and visits by landless farmers.

District agricultural departments should do a good job in the supervision and management of property distribution and use of rural collective economic organizations whose land has been expropriated and the adjustment of land contractual management rights.

The district finance department should do a good job in the transfer and disbursement of subsidies for basic old-age insurance.

District tax departments should do a good job in relevant work in accordance with relevant policies and regulations.

District audit and supervision departments should do a good job in the supervision and inspection of the implementation of land acquisition compensation and resettlement policies.

District planning, construction and other departments should do a good job in the supervision and management of the site selection, project quality and safety of resettlement houses and directional housing.

Article 48? These Rules shall be implemented as of June 65438+ 10/day, 2008. Where the original provisions are inconsistent with these rules, these rules shall prevail. Yuanjiang District [1999] No.93 and Jiangbei District [2005] No.201were abolished at the same time.

Compensation and resettlement for land requisition and demolition that was implemented before June 65438+1October 65438+1October 2008 shall be handled according to the original regulations.

Land acquisition was carried out before June 5438+1 October12008, but individuals or units refused to accept compensation and resettlement fees, and compensation and resettlement were still carried out according to the original standards.

Article 49? The first category refers to the administrative areas of Shimahe Street, Dashiba Street, Guanyinqiao Street, Huaxin Street, Wulidian Street, Jiangbei Town Street, Cuntan Street and Tieshanping Street, and the second category refers to the administrative areas of Guojiatuo Street, Yu Zui Town, Fusheng Town and Wubao Town.

Article 50? The housing resettlement area mentioned in these rules refers to the housing construction area.

Article 51? The problems in the specific implementation of these rules shall be interpreted by the district land administrative department and the district land acquisition management office.

Timetable: 1. Compensation standard for land acquisition and demolition in Jiangbei District

2. Compensation standard for young crops in land requisition in Jiangbei District

3. Compensation standard for land acquisition structures in Jiangbei District (attached).

4. Compensation standards for land-related facilities in Jiangbei District

5 Jiangbei District land acquisition and "two certificates" unit housing demolition compensation standards.