Full text of compensation and resettlement measures for house demolition on collective land in Yueyang City

Article 1 In order to strengthen the management of compensation and resettlement for land acquisition and demolition, safeguard the legitimate rights and interests of rural collective economic organizations, villagers and other rights holders whose land has been expropriated, and ensure the smooth progress of various constructions, according to the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Hunan Province and other laws, regulations and relevant provisions, combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the expropriation and requisition of collective construction land within the administrative area of this Municipality, which involves compensation and resettlement for house demolition.

After the members of collective economic organizations become urban residents, the remaining land needs to be used for construction, involving compensation and resettlement for house demolition, and these measures shall be implemented.

The State Council and the provincial people's government have other provisions on compensation and resettlement for housing demolition in infrastructure construction such as highways, railways, water conservancy and hydropower, from which provisions shall prevail.

Article 3 The Municipal People's Government shall uniformly lead the work of compensation and resettlement for house demolition on collective land within the administrative area of this Municipality (hereinafter referred to as the work of compensation and resettlement for house demolition).

County (city, district) people's governments shall be responsible for the implementation, coordination, supervision and management of compensation and resettlement for house demolition within their respective jurisdictions, and coordinate and solve disputes over compensation and resettlement for land acquisition and other compensation and resettlement work. The specific implementation of compensation and resettlement for house demolition in Yueyang Economic Development Zone and Nanhu Scenic Area shall be undertaken by the relevant units entrusted by the Municipal People's Government.

Township (town) people's governments and sub-district offices shall assist in the registration and investigation of land acquisition compensation, supervise and guide rural collective economic organizations to implement specific matters of land acquisition compensation and resettlement, and assist in handling land acquisition compensation disputes and remaining problems.

Article 4 The municipal administrative department of land and resources shall guide and supervise the land requisition, relocation, compensation and resettlement work of the county (city, district) administrative department of land and resources.

City, county (city, district) land and resources administrative departments responsible for land acquisition compensation registration and organize on-site investigation and verification, in conjunction with the relevant departments to develop land acquisition compensation and resettlement programs, according to the provisions of the allocation of land acquisition compensation, ordered deadline for reclamation and other land acquisition compensation work.

The estimate of land acquisition compensation cost in each district shall be uniformly audited by the municipal administrative department of land and resources; Counties (cities) are responsible for the calculation of land acquisition compensation costs by the administrative departments of land and resources of counties (cities), except those that should be audited by the administrative departments of land and resources of cities.

Development and reform, labor and social security, construction, planning, price, finance, civil affairs, supervision, public security, justice, rural management and other departments shall, according to their respective responsibilities, do a good job in related work.

Fifth county (city, district) people's government should do a good job in employment training and social security for landless farmers, so that the living conditions and long-term livelihood of landless farmers can be guaranteed. Employment training and social security in Yueyang Economic Development Zone and Nanhu Scenic Area shall be undertaken by the relevant units entrusted by the Municipal People's Government.

Article 6 The implementation of compensation and resettlement for house demolition shall follow the principles of unified demolition, unified compensation standard and reasonable resettlement, and ensure that the owner of the demolished house can get reasonable compensation and resettlement.

Village (neighborhood) committees, rural collective economic organizations, villagers and other rights holders shall obey the needs of national land acquisition, support and cooperate with land acquisition compensation and resettlement work.

Article 7 After the red line of land survey is determined and the land requisition plan is submitted for approval according to law, the people's governments of cities and counties (cities, districts) shall post pre-requisition notices in townships (towns, streets) and villages (communities) where land is to be requisitioned to inform rural collective economic organizations, villagers and other rights holders of the requisitioned land.

After the announcement of pre-requisition, the administrative department of land and resources shall investigate and register the ownership, land type and area of the requisitioned land. The survey results shall be confirmed by the rural collective economic organizations whose land has been expropriated.

Article 8 When announcing the pre-requisition of land, the people's governments of cities and counties (cities, districts) shall notify the local public security, industry and commerce, construction, planning, land and resources, real estate, agriculture, forestry and other relevant administrative departments in writing. Since the date of the pre-requisition notice, the following procedures shall be suspended within the scope of the land to be requisitioned:

(a) the new batch of homestead and other construction land;

(two) approval of new construction, renovation and expansion of housing, land transfer and land registration and certification;

(three) the household registration, but because of birth, marriage, military personnel change jobs or college graduates and other reasons, it is really necessary to move into the household registration;

(four) to carry out industrial and commercial registration with the demolished house as the business place;

(five) the change of housing and land use;

(six) the transfer of land contractual management rights, except for the expiration of the land contractual management contract.

The suspension period shall be calculated from the date of the pre-announcement of land acquisition, and the longest period shall not exceed 12 months, unless otherwise stipulated by the state and the province.

The suspension of the above procedures within the time limit cannot be used as the basis for compensation and resettlement for house demolition.

Article 9 After the land acquisition plan is approved, the people's governments of cities and counties (cities, districts) shall, within 10 working days from the date of receiving the approval document of the land acquisition plan, issue a land acquisition announcement to the township (town, street) and village (community) where the land acquisition is located, indicating the land acquisition organ, document number, time, obligee, purpose, location, land type, area and so on.

Article 10 Rural collective economic organizations, villagers and other rights holders whose land has been expropriated shall, within the time limit stipulated in the land requisition announcement, go through the registration procedures for compensation for land requisition and demolition at the designated place with the land ownership certificate, house property certificate, other rights certificate or other supporting materials.

Eleventh administrative departments of land and resources shall organize staff to investigate and verify on the spot, and the investigation results shall be confirmed by rural collective economic organizations, villagers and other rights holders.

Land-expropriated rural collective economic organizations, villagers and other rights holders fail to go through the registration formalities within the prescribed time limit or refuse to cooperate with the land acquisition survey results for confirmation. The administrative departments of land and resources can take photos, videos and other ways to obtain evidence, and notarize the results of the evidence as the basis for compensation and resettlement for house demolition.

Twelfth administrative departments of land and resources shall, according to the results of investigation and verification and the approved land acquisition plan, formulate compensation and resettlement plans for land acquisition in conjunction with relevant departments, and publish them within 45 days from the date of the announcement of land acquisition.

The proposed land acquisition compensation and resettlement plan shall include the land acquisition approval authority, approval document number, approval time, approved purpose, compensation standard for land acquisition and demolition, amount of compensation expenses, measures for the resettlement of agricultural personnel, time limit, place, rights and duration of the implementation of the land acquisition compensation and resettlement plan, etc.

City, county (city, district) land and resources administrative departments shall study the different opinions of rural collective economic organizations, farmers or other rights holders on compensation and resettlement programs. If a party requests a hearing, it shall submit it.

Thirteenth land acquisition and relocation compensation and resettlement funds should be fully deposited in the special account for land acquisition and relocation compensation established by the administrative department of land and resources in finance before the land acquisition and relocation compensation and resettlement plan is issued. If the funds are not fully deposited, the people's governments of cities and counties (cities, districts) shall not announce the land acquisition compensation and resettlement plan.

Article 14 The administrative department of land and resources shall, within 3 months from the date of the announcement of the land acquisition compensation and resettlement plan, directly pay the land acquisition compensation (except social security funds) to the rural collective economic organizations, villagers and other rights holders whose land has been expropriated, and announce it in the land acquisition villagers' group.

If the land acquisition compensation is not received within the prescribed time limit, the administrative department of land and resources shall store it in a special account in the name of the rural collective economic organizations, villagers and other rights holders whose land has been expropriated.

No unit or individual may embezzle, misappropriate, privately divide, intercept or default land acquisition compensation of rural collective economic organizations, villagers and other rights holders.

Fifteenth expropriated rural collective economic organizations, villagers and other rights holders shall vacate the land within the time limit stipulated in the announcement of the land acquisition compensation and resettlement plan.

After the announcement of land acquisition compensation and resettlement scheme is issued and land acquisition compensation is paid in full, if rural collective economic organizations, villagers and other rights holders fail to vacate the land within the time limit prescribed by the administrative department of land and resources, the administrative department of land and resources of the city and county (city, district) shall make a decision to vacate the land within a time limit according to law; Those who refuse to vacate the land within the time limit shall apply to the people's court for compulsory execution.

If the compensation for land acquisition and demolition is not paid in full, the expropriated rural collective economic organizations, villagers and other rights holders have the right to refuse to vacate the land.

Article 16 Any dispute over the identification of the type, quantity, nature and payment method of compensation for the above-ground attachments such as houses shall be handled by the county (city, district) people's government in a coordinated manner. If the coordination fails, it shall be handled in accordance with the relevant provisions of the state and the province.

Disputes arising from circumstances other than those specified in the preceding paragraph shall be handled in accordance with the relevant provisions of the state and the province.

Seventeenth from the date of the announcement of pre land acquisition, in addition to normal farming, change the land use, planting trees, building buildings (structures, facilities), rushing to decorate (repair), no compensation for land acquisition and demolition.

Eighteenth any of the following circumstances, no compensation:

(a) temporary buildings (structures) that have exceeded the approved service period, and temporary buildings (structures) that are unconditionally demolished when the national construction needs are indicated in the relevant approval documents;

(two) the decoration of agricultural and animal husbandry production houses and temporary buildings (structures);

(3) Abandoned production and living facilities.

Article 19 The house and decoration shall be compensated according to the standard specified in Schedule 1.

The determination of the legal construction area of the house shall be based on the house ownership certificate or other legal certificates issued by the real estate management department before the pre-land acquisition announcement. Without obtaining the housing ownership certificate issued by the housing property management department, the legal construction area of the house is determined by the administrative department of land and resources of the county (city, district) in accordance with the relevant provisions.

If there is any objection to the determination of the legal construction area of the house, it shall apply to the county (city, district) people's government for review within the time limit prescribed by the administrative department of land and resources, and it shall be determined after review. If there is any objection to the review results, it shall be handled in accordance with the provisions of the first paragraph of Article 16 of these Measures.

Twentieth residential housing demolition compensation and resettlement mainly take monetary resettlement and entrusted resettlement.

Twenty-first expropriation of urban (including Chengguan Town) collective land of farmers in the overall planning area, in principle, monetary resettlement; However, if the county (city, district) does not have the conditions for monetary resettlement, it will be approved by the people's government at the same level (Yueyanglou District, Yueyang Economic Development Zone and Nanhu Scenic Area should be approved by the Municipal People's Government), and the land acquisition unit will also build its own resettlement.

Expropriation of land collectively owned by farmers outside the overall urban planning area shall be implemented in principle. Farmers who do not have basic production and living conditions in the local area may be given monetary resettlement with the approval of the county (city, district) people's government.

Article 22 If monetary resettlement is adopted, the land acquisition unit shall pay the compensation for the homestead and the "Three Links and One Leveling" project according to the standard of 650 yuan/square meter of legal housing area (in which Yunxi District, Junshan District, counties and cities shall be compensated according to 230 yuan/square meter, and other areas shall be compensated according to 120 yuan/square meter); Pay the extra-deep foundation compensation fee according to the legal housing construction area of 250 yuan/m2 (in which Yunxi District, Junshan District, counties and cities in the overall urban planning area are compensated according to 90 yuan/m2, and other areas are compensated according to 50 yuan/m2). And pay another 6000-8000 yuan for the relevant approval (certification) procedures of planning, land resources and real estate departments.

Twenty-third take resettlement, in accordance with the following provisions:

(1) The land acquisition unit shall be responsible for the planning and design of the land to be built, land application and other procedures, level the site according to the planning and design requirements, and build water source, power supply, outdoor drainage supervisor, ultra-deep foundation (brick-and-concrete house+1m, brick-and-wood structure, civil house below 0.5 m, excavation and filling of more than 2 cubic meters per square meter) and roads. Outdoor water, electricity, roads, drainage and other facilities for house demolition shall not be compensated.

(two) the demolition of houses in principle by the land acquisition unit is responsible for arranging a homestead, homestead area shall not violate the provisions of relevant laws and regulations.

(three) the relocated households have more than two homesteads, one of which has been expropriated, and the other homestead has reached the prescribed land area standard, and no construction land will be arranged.

Twenty-fourth demolition of personal production and business premises, compensation in accordance with the standards stipulated in Schedule 7.

If the house is used for production or business operation, it will not be compensated in accordance with the provisions of Schedule 7, but if it has been registered for industry and commerce and tax payment for nearly 6 months, it can be given a one-time compensation of 3,000 yuan.

Twenty-fifth demolition enterprise production houses, according to the purchase standard of the housing structure category, increase the amount of compensation by 60% (including wages for production and business suspension and all expenses that need compensation for demolition, installation and handling equipment); Non-production houses (including ancillary houses) of demolition enterprises shall be compensated according to 30% of the purchase standard of housing structure category.

Schools, hospitals and nursing homes that have been demolished will be compensated for an increase of 40% in the legal construction area according to the housing structure category.

Twenty-sixth roads within the scope of land acquisition need to be rebuilt, the land acquisition unit shall be rebuilt in accordance with the original road standards, and the original road will not be compensated. Do not need to rebuild, according to the road structure category for compensation.

Electric power, telecommunications, radio and television, water supply and drainage, gas and other facilities shall be compensated by the municipal price administrative department in accordance with the relevant provisions. Abandoned people will not be compensated.

Article 27 If the storage tank must be rebuilt, the pool construction fee per cubic meter 10 yuan shall be compensated according to the normal storage capacity, and the stone retaining wall, slope protection and other facilities of the original tank shall be compensated according to the standards specified in Schedule 3. Need to restore the catchment, the land acquisition unit is responsible for the restoration, the original canal will not be compensated.

Twenty-eighth land expropriation, the ground attachments and young crops compensation fees paid directly to the owners of the ground attachments and young crops.

The young crops after compensation shall be treated by their owners within the prescribed time limit. If they are not treated within the time limit, they shall be treated by the land acquisition unit. Need to retain the land acquisition unit, the land acquisition unit and the owner through consultation.

Twenty-ninth demolition of housing relocation subsidies, transition fees, compensation fees in accordance with the standards stipulated in Schedule 4. Relocation fee and transition fee can be enjoyed by households.

Thirtieth graves within the scope of land acquisition shall be compensated in accordance with the standards stipulated in Schedule 5.

Thirty-first demolition of gravel yard, precast yard, brick yard, in accordance with the provisions of Schedule 8 standard lump sum compensation.

Thirty-second landless villagers (residents) who demolish their land within the time limit prescribed by the administrative department of land and resources shall be rewarded according to the legal construction area of the house (except temporary buildings) 100 yuan/square meter.

Article 33 The lessor of the house shall pay the compensation for the production and living facilities and relocation subsidies belonging to the lessee.

Thirty-fourth administrative departments of land and resources shall train and manage the personnel engaged in land acquisition compensation and resettlement.

The administrative department of labor and social security is responsible for the regulation and management of social security funds for landless farmers.

Supervision, finance and other departments shall supervise and audit the distribution and use of land acquisition compensation.

The planning department is responsible for identifying illegal buildings and temporary buildings, and handling them according to the Urban and Rural Planning Law of People's Republic of China (PRC) and relevant laws and regulations.

Thirty-fifth land and resources, labor and social security, price, finance, civil affairs, planning, public security, real estate and other administrative departments failed to perform their duties according to the provisions of these measures, the competent department at the same level shall order it to make corrections; If no correction is made within the time limit, the administrative responsibility of the person in charge and other directly responsible personnel shall be investigated according to law. If economic losses are caused to rural collective economic organizations, villagers and other rights holders, compensation shall be made according to law.

Relevant staff members who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the land acquisition compensation and resettlement work shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 36 Anyone who embezzles, misappropriates, privately divides, intercepts or defaults on land acquisition compensation and other related expenses of rural collective economic organizations, villagers and other rights holders whose land has been expropriated shall be investigated for the responsibility of the parties concerned and their supervisors according to law.

Thirty-seventh the use of state-owned agricultural land and township (town) village public facilities, public welfare undertakings and the use of collective land by township enterprises, involving housing demolition compensation and resettlement, with reference to these measures.

Article 38 The compensation standard for houses and facilities in these Measures may be lowered by 5%- 10% in Yunxi District and Junshan District, and by15% in other areas except Yueyang Tower District, Yueyang Economic Development Zone and Nanhu Scenic Area.

Thirty-ninth to establish a social security system for landless farmers. When land is requisitioned, the social security fee for landless farmers shall be levied according to the standard of not higher than 20 yuan per square meter. Measures for the administration of social security and security funds for landless farmers shall be formulated separately by the Municipal People's Government.

Fortieth these Measures shall come into force as of the date of promulgation. Prior to the implementation of the normative documents of this Municipality are inconsistent with these measures, these measures shall prevail.

Before the implementation of these measures, the announcement of land acquisition compensation and resettlement scheme has been issued, and the compensation for house demolition shall be implemented in accordance with the standards determined in the announcement. However, after the implementation of these measures, if the compensation is not in place according to the original standard within 3 months, these measures shall prevail; Although the land acquisition approval procedures have been handled, but the specific land acquisition has not been implemented, and the land acquisition compensation and resettlement plan has not been announced, the compensation for house demolition shall be implemented with reference to these measures.