Compensation standard for urban and rural areas in Banan District of Chongqing

Measures for the implementation of the reform of urban and rural household registration system in Chongqing for the withdrawal and utilization of rural land (for Trial Implementation)

first

In order to promote the reform of urban and rural household registration system in our district, accelerate the coordinated development of urban and rural economy and society, and promote the effective utilization of rural land resources, according to the Opinions of Chongqing Municipal People's Government on the Reform of Urban and Rural Household Registration System (Yu Fu Fa [2010] No.78) and the Notice of the General Office of Chongqing Municipal People's Government on Printing and Distributing the Measures for the Exit and Utilization of Rural Land in Chongqing Household Registration System Reform (Trial) (Yu Ban Fa [20655)

Within the administrative area of this district, rural residents who have legal rural housing, homestead and contracted land voluntarily withdraw from their rural housing and homestead to become urban residents in accordance with the relevant provisions of household registration management, and the withdrawal and utilization of structures (attachments) (hereinafter referred to as homestead and buildings) and contracted land within the scope of rural housing and homestead use rights shall be governed by these measures. In the construction of large and medium-sized water conservancy and hydropower projects, the land-lost rural immigrants and rural residents in villages without land transfer to non-personnel shall be implemented in accordance with the relevant provisions of the state and our region on land acquisition, and these measures are not applicable. (1) The principle of overall consideration. Overall design, classified planning and overall planning of urban and rural land use. (2) The principle of voluntariness according to law. The recovery of rural land shall comply with the provisions of laws and regulations and fully respect the wishes of farmers. (3) The principle of reasonable compensation. Give reasonable compensation to farmers who quit rural land, and fully protect farmers' property, housing and other rights. (4) the principle of unified management. Recovered rural land should be managed in a unified way and used rationally by classification. (5) Use the control principle. The recovery and utilization of rural land shall conform to the overall land use planning and town planning, and the land use shall not be changed without authorization. Article 4

Chongqing Municipal Bureau of Land and Resources (hereinafter referred to as the Bureau of Land and Resources) is responsible for the guidance and supervision of the recovery and utilization of homestead and buildings (structures); Chongqing Agriculture Committee (hereinafter referred to as the Agriculture Committee) is responsible for guiding and supervising the withdrawal and utilization of rural contracted land in the whole region. Public security, finance, civil affairs, construction committee, housing management and other departments shall, in accordance with their respective responsibilities, do a good job in related work. Township People's governments (street offices) set up "rural land withdrawal office" to carry out specific work, organize and guide village (neighborhood) committees and social organizations (groups) to do a good job in rural homestead and overground buildings and contracted land withdrawal and utilization transfer.

Article 6

Relevant departments at the district level should combine the urbanization process and economic and social development, do what they can, guide, encourage and support social capital to participate in rural land consolidation and circulation, agricultural industrialization and large-scale operation; Support and encourage urban industrial and commercial capital and leading enterprises in agricultural industrialization to participate in rural land transfer and improve the efficiency of rural land withdrawal and utilization. Chapter II Withdrawal and Compensation

Article 7 Rural residents who meet the access conditions stipulated in the Opinions of Chongqing Municipal People's Government on Coordinating the Reform of Urban and Rural Household Registration System (No.247) and voluntarily become urban residents are the objects of rural land withdrawal stipulated in these Measures.

Article 8 Transfer households may transfer their rural homestead use right, house ownership and contracted management right in accordance with the relevant provisions, or voluntarily withdraw and get compensation in accordance with the provisions of these Measures.

Ninth rural residents who voluntarily turn into urban residents, their homestead and buildings (structures) shall be compensated according to the following provisions:

(a) rural residents voluntarily transfer households and withdraw from the homestead and buildings (structures), and give one-time compensation to rural houses and their structures and attachments with reference to the corresponding standards of land acquisition policy in our district at the time of withdrawal; Compensation for the right to use the homestead shall be given in a lump sum according to the compensation standard for land acquisition in our district when it is recovered (including the land attached to the homestead, the same below); According to the area of each household leaving the homestead, the subsidy is calculated according to the standard of 6.5438+0.8 million yuan/mu. In the future, land acquisition will no longer enjoy the right to compensation.

(2) If some family members become urban residents, they will retain the right to obtain the corresponding compensation for the homestead and buildings (structures) when the whole family withdraws in the future, and will no longer enjoy the right to obtain the homestead. If the whole family turns into urban residents, they will withdraw from the homestead and buildings, and be compensated according to the standards when the whole family withdraws.

(III) After the rural five-guarantee object withdraws from the homestead and the building (structure), the township people's government (street office) will arrange centralized support, and the land use value-added income obtained will be turned over to the township people's government (street office) in accordance with the relevant provisions to establish a special account to be earmarked for centralized support of the rural five-guarantee object.

Tenth voluntary withdrawal from the contracted land, according to the remaining years of the current contract period and the local average annual turnover income level standards for compensation. The area of withdrawing from the contracted land shall be subject to the area specified in the rural land contractual management right certificate. The compensation standard shall be negotiated by the collective economic organization and the farmers who have withdrawn their shares, and discussed and decided by the members' assembly of the collective economic organization (or members' congress).

If some family members become urban residents, they will retain the right to receive corresponding compensation or income from the contracted land when the whole family withdraws in the future. If the whole family turns into urban residents, they will withdraw from the contracted land and be compensated according to the standard when the whole family withdraws.

Article 11 If the whole family of rural residents within the extended boundary of urban construction land determined by the overall land use planning voluntarily turns into urban residents and withdraws from the homestead, buildings and all contracted land, they can go through the procedures of rural land expropriation in accordance with the relevant provisions of "separation of expropriation and transfer", and at the same time, after compensation and resettlement are given according to the land expropriation policy, the land originally owned by rural collectives will be turned into state-owned land.

Twelfth transfer of residential land and buildings (structures) to withdraw from the application, examination, approval and implementation procedures:

(a) residents who have been approved by the public security department of the place where the household registration is moved may apply to the township people's government (street office) of the place where the household registration is moved with the following requirements:

1, application form for voluntary withdrawal from homestead and buildings (structures);

2. Rural real estate license;

3. Transfer household registration book and identification materials of family members;

4, the collective economic organization agreed to the transfer of written opinions;

5. Proof of legally stable residence in the town;

6. Notice of transfer confirmation issued by the public security organ;

7. Other materials that need to be provided.

(two) the Township People's Government (street offices) shall, after receiving the application, conduct a preliminary examination of the relevant conditions and qualifications of farmers. After passing the preliminary examination, the Township People's Government (street office) shall, within 15 working days, clean up, measure, register and calculate the compensation fees for farmers' family members and homesteads and buildings, and after the publication of the villagers' group, the farmers and rural collective economic organizations and the Township People's Government (street office) shall sign the Agreement on Voluntary Withdrawal from Homestead and Buildings. The term agreed in the agreement shall be counted from the date of rotation of the household, but the longest period shall not exceed 3 years.

The Township People's Government (street office) shall, within 5 working days from the date of signing the agreement, submit the application materials such as the Agreement on Voluntary Withdrawal of Homestead and Building (Structure) and the compensation list to the District Land Consolidation Center for review.

(three) the unified management of land development and consolidation center, and report to the District Land Bureau for approval, and report to the District People's Government for approval within 10 working days.

(IV) After the approval of the people's government, the compensation for the withdrawal of the homestead and buildings (structures) will be transferred to the account of the Township People's Government (street office) by the District Land Development and Consolidation Center, and will be paid to the transferring households by the Township People's Government (street office) on a household-by-household basis. At the same time, the transfer residents should deliver the homestead and the above-ground buildings (structures) in time according to the time limit agreed in the agreement.

Thirteenth transfer residents who meet the conditions of urban affordable housing can be included in the scope of low-rent housing, public rental housing and other housing security after transfer into the city.

Fourteenth farmers contracted land withdrawal, according to the following procedures:

(1) When a farmer withdraws from the contracted land, he shall submit a written application to the collective economic organization. The application shall include the reasons for withdrawing from the contracted land, the area of withdrawing from the contracted land, whether all family members agree to give up the contracted management right, etc. At the same time, provide the rural land contractual management right certificate and transfer confirmation notice issued by the public security organ of the place of emigration.

(2) When a farmer withdraws from the contracted land, he shall sign a written withdrawal agreement with the collective economic organization. The agreement shall include the following main contents:

1, the name of the head of the contracted farmers, the contracted population and their names;

2. The plot, location and area of the contracted land;

3. The way and amount of compensation;

4. Other matters agreed by both parties.

The term agreed in the agreement shall be counted from the date of rotation of the household, but the longest period shall not exceed 3 years.

(3) Collective economic organizations shall publicize the withdrawal of contracted land and its compensation. The publicity time is not less than 7 days.

(four) the compensation fee for withdrawing from the contracted land shall be funded by the collective economic organization. Collective economic organizations really can't contribute, after the District Agricultural Committee and the Township People's Government (street offices) review and confirm, rural land compensation working capital can be used for payment.

(5) If the rural land compensation working capital is used to pay the land recovery compensation fee, the collective economic organization shall report the land recovery application form, agreement, relevant reasons and materials to the township people's government (street office). The Township People's Government (street office) shall, within 15 working days, review its authenticity and compliance with the provisions on land resumption. Audited in accordance with the provisions of the Township People's government (street offices) should be reported to the District Agricultural Committee for approval within 5 working days, and reported to the District People's government for approval. After approval, the rural land compensation working capital management institution can pay compensation fees to retired farmers.

(six) after withdrawing from the contracted land and receiving compensation, the farmers who withdrew from the land returned or the collective economic organizations recovered the rural land contractual management right certificate; If it is not returned, the collective economic organization may report to the District Agricultural Committee for cancellation.

"Exit the rural contracted land agreement" agreed to transfer households to withdraw from the land transition period, the rural contracted management right certificate shall be undertaken by the township (street) agricultural authorities or collective economic organizations, and reported to the issuing authority for the record. Before the contracted land is delivered, the transferred residents shall not transfer, lease or mortgage the contracted land, and shall not change the use of the contracted land. Chapter III Rectification

Fifteenth Bureau of land and resources shall, according to the overall land use planning and town planning, prepare the land consolidation, reclamation and development planning of the whole region, and organize the implementation after approval.

Sixteenth land development and consolidation center shall carry out rural land consolidation work according to the overall land use planning and land consolidation and reclamation development planning; It meets the conditions of relative concentration and is suitable for agricultural use. The reclaimed homestead should be reclaimed as cultivated land or other agricultural land and handed over to the collective economic organizations for management and utilization.

The homestead reclamation shall be implemented in accordance with the Regulations of Chongqing Municipality on the Administration of Rural Construction Land Reclamation Projects.

Article 17 The relevant departments shall comprehensively rectify farmland, water, roads, forests, villages and houses, increase the area of cultivated land, improve the quality of cultivated land, enhance the comprehensive agricultural production capacity, improve rural production and living conditions and ecological environment, and realize agricultural production and efficiency increase and farmers' income increase.

Chapter IV Utilization

Eighteenth after the original rural land use right holder delivered the homestead and rural houses for land remediation, the compensation undertaking unit may temporarily rent or temporarily change the use of rural houses and other facilities.

For rural houses and collective construction land withdrawn, compensated and rectified from rural land, the compensation undertaker may apply for rural real estate warrants and rural collective land use warrants, and raise rural land compensation liquidity through mortgage and temporary use.

Nineteenth homestead reclamation, the original collective land ownership unchanged. The District Bureau of Land and Resources shall conduct an annual survey on the changes of land use status in a timely manner and update the database of land use status; Involving the adjustment and change of land ownership, the relevant land ownership change registration procedures shall be handled according to law.

Twentieth out of the homestead should give priority to the protection of rural development and construction land demand.

Outside the extended boundary of urban construction land determined by the overall land use planning, the construction land indicators generated after the homestead reclamation shall be used by the Bureau of Land and Resources through the increase or decrease of urban and rural construction land or land ticket transactions.

The index of new cultivated land produced after agricultural land renovation is examined and approved by the Municipal Bureau of Land and Housing Management, and the land development and consolidation center applies to the Chongqing Rural Land Exchange for trading.

Article 21 The ownership and right to use the reclaimed contracted land shall remain unchanged. Agriculture Committee, Township People's Government (street offices) and collective economic organizations shall strengthen the management and utilization of contracted land to prevent land from being abandoned.

If the contracted land is scattered, it can be relatively concentrated and contiguous through the replacement of contracted land, actively introduce urban capital, leading enterprises in agricultural industrialization and large professional households to participate, vigorously promote agricultural industrialization and large-scale operation, improve utilization efficiency and give full play to benefits.

Twenty-second contracted land recovered by collective economic organizations can be managed and used by collective economic organizations in a unified way, and land compensation funds can be raised through circulation or traded in Chongqing Rural Land Exchange.

Twenty-third rural land compensation working capital after the payment of compensation fees from the contracted land, the collective economic organization shall sign a custody agreement with the compensation undertaker, and the compensation undertaker shall organize the transfer of the contracted land under custody or trade it in Chongqing Rural Land Exchange. The transfer or transaction proceeds are used to return the rural land compensation working capital.

Article 24 If the reclaimed contracted land has been transferred, the original transfer contract will continue to be executed after the transferor changes. If the compensation is funded by the collective economic organization, the transfer proceeds shall be returned to the collective economic organization or the new contractor. If the compensation is paid by the working capital of rural land compensation, the transfer proceeds will be used to return the working capital of rural land compensation.

Article 25 If the paid land withdrawal compensation fee cannot be balanced through land ticket transaction and contracted land circulation management, the fund gap can be made up by means of district financial investment or reserving appropriate state-owned land to obtain transfer income after examination and confirmation by district land, agriculture and finance departments.

Chapter V Supervision

Twenty-sixth land, agriculture, finance, auditing, supervision and other departments should strengthen the supervision of homestead and building (structure), land recovery compensation, utilization and use of funds according to the division of responsibilities.

The Agriculture Committee should strengthen the supervision of the use of contracted land, prevent abandonment, and be responsible for mediating disputes over the withdrawal of contracted land.

Twenty-seventh unauthorized use of contracted land for non-agricultural construction shall be investigated and dealt with by land law enforcement departments according to law.

Twenty-eighth relevant parties in violation of the provisions of these measures, to conceal, cheat, fabricate and other means to obtain compensation or seek illegitimate interests, by the relevant departments shall be investigated for corresponding responsibilities.

Article 29 If the functionaries of state organs fail to compensate the homestead and buildings (structures) and contracted land recovered by the transferred residents, fail to compensate in time or infringe upon the legitimate rights and interests of the transferred residents and the parties in other ways, the relevant administrative departments at the district level shall give administrative sanctions to the relevant personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 30 Township People's governments (street offices), land, agriculture, finance, supervision and other competent departments and district land development and consolidation centers shall set up and publicly report supervision, policy consultation telephones and public mailboxes, accept public consultation, and supervise the recovery, compensation, transformation and utilization of homestead and buildings and contracted land.

Chapter VI Supplementary Provisions

Article 31 These Measures shall be implemented as of August 1 day, 2065438.

Article 32 These Measures shall be interpreted by the Bureau of Land and Resources and the Agriculture Committee according to the division of responsibilities. (a) rural residents voluntarily transfer households and withdraw from the homestead and buildings (structures), with reference to the corresponding standards of China's land acquisition policy at the time of withdrawal, give one-time compensation to rural houses and their structures and attachments; Compensation for the right to use the homestead shall be given in a lump sum according to the compensation standard for land acquisition in our district when it is recovered (including the land attached to the homestead, the same below); According to the area of each household leaving the homestead, the subsidy is calculated according to the standard of 6.5438+0.8 million yuan/mu. In the future, land acquisition will no longer enjoy the right to compensation.