Urgent Notice of Sichuan Provincial Party Committee and Provincial People's Government on Further Improving Compensation and Resettlement for Land Acquisition and Demolition

Municipal (state), county (city, district) Party committees and people's governments, provincial departments:

Since last year, all localities and departments have conscientiously implemented the spirit of the Notice of the Sichuan Provincial Committee of the Communist Party of China and the Sichuan Provincial People's Government on Doing a Good Job in Resettlement of Landless and Unemployed Farmers (Chuanwei Fa [2004]1No.) and the Notice of the Sichuan Provincial People's Government on Doing a Good Job in Demolition of Urban Construction Houses (Chuanfu Fa [2004] No.3), and attached great importance to land acquisition and demolition. However, there are also some problems that can not be ignored in the compensation and resettlement of land acquisition and demolition, mainly: the compensation standard is low and not in place, the resettlement is not implemented and timely, and there are few employment opportunities and no guarantee. Especially in the process of implementation, some local methods are improper, and even the police force is used to forcibly requisition and demolish, which seriously hurts the interests and feelings of the masses, and the people's reaction is very strong, which has adversely affected economic development and social stability. In order to effectively protect the legitimate rights and interests of the people who have been demolished by land acquisition, properly solve the production and living problems of the people who have been demolished by land acquisition, strive to maintain social stability, and promote the coordinated and healthy economic and social development of our province, the compensation and resettlement work for land acquisition and demolition is hereby notified as follows:

First, under the guidance of Scientific Outlook on Development and the correct concept of political achievements, do a good job in compensation and resettlement for land acquisition and demolition

Leading cadres at all levels should establish a Scientific Outlook on Development and a correct outlook on political achievements, adhere to the people-oriented principle, pay attention to people's livelihood, properly handle the relationship between realizing the fundamental and long-term interests of the masses and safeguarding their immediate and vital interests, properly resolve the prominent contradictions in land acquisition and demolition, effectively arrange the production and life of the people who have been requisitioned and demolished, and ensure that the original living standards of the people who have been requisitioned and demolished will not decline. We must proceed from reality and act according to our capabilities, resolutely correct the large-scale land acquisition and demolition caused by quick success and blind comparison, and resolutely stop all kinds of unrealistic "image" projects and "performance" projects that waste people and money. It is necessary to do a good job in compensation and resettlement for land-expropriated residents and safeguard the legitimate rights and interests of land-expropriated residents as an important part of the performance evaluation of leading cadres at all levels. Assessing political achievements depends on both the speed of economic development and the satisfaction of the masses; We should not only look at the achievements of urbanization construction, but also look at the effectiveness of demolition and resettlement work. It is necessary to strictly examine and approve projects and reasonably control the scale of land acquisition and demolition. Land acquisition and demolition projects that are divorced from the local economic and social development level shall not be approved; For areas that have not conscientiously implemented Document No.9. Sichuan Provincial Committee issuedNo. [2004] 1, which led to a prominent contradiction in demolition and a large number of petitions. Except for state-managed construction projects, major social development projects, renovation of dilapidated houses, affordable housing and low-rent housing projects, land acquisition and demolition will be stopped; Land acquisition will not be approved for new land acquisition and demolition projects that do not implement compensation fees, resettlement housing compensation funds and land acquisition and demolition policies. At the same time, we must resolutely correct all kinds of illegal land use.

Two, raise the standard appropriately, do a good job of compensation for land acquisition and demolition.

All localities and departments should conscientiously implement the spirit of the State Council's decision on deepening reform and strict land management (Guo Fa [2004] No.28) and the relevant provisions of the notice forwarded by the General Office of the Sichuan Provincial People's Government (Chuan Ban Han [2004] No.39). It is necessary to speed up the formulation of unified output value standards for local land acquisition and compensation standards for ground attachments and young crops. It is necessary to appropriately increase the multiple of land compensation and resettlement subsidies within the scope permitted by existing laws, regulations and policies. Large and medium-sized water conservancy and hydropower projects land acquisition compensation standards and resettlement measures, in accordance with the relevant provisions of the State Council. When conditions are ripe, the provincial government will formulate the comprehensive prices of counties (cities, districts). All localities should further improve land acquisition procedures and procedures, strengthen the management of land acquisition compensation, and prohibit default, interception and misappropriation of land acquisition compensation. It is necessary to disclose the land requisition compensation and resettlement plan approved by the State Council or the provincial government to the masses, and ensure that land acquisition compensation fully compensates the land-expropriated farmers according to regulations.

Strictly implement the Administrative Measures for Compensation Evaluation of Urban House Demolition (OrderNo. 12 of 2004). The provincial government 173) regulates the price evaluation behavior of demolished houses and resettlement houses. Reasonably determine the amount of compensation for demolished houses and the price of resettlement houses. Municipalities (prefectures) people's governments shall, in accordance with the principle of protecting farmers' interests from damage, timely revise the compensation standards for rural housing demolition and submit them to the provincial government for approval.

Three, timely solve the problem of housing resettlement of the demolition.

When establishing a project, the resettlement and environmental protection assessment scheme should be listed as preconditions, and the scheme should be determined before the project is established, and the principle of "compensation and resettlement first, then demolition" should be adhered to. It is forbidden to move first. Demolition and resettlement housing construction should be carried out in advance, in principle, no transitional housing will be built. If the transition is really necessary, it is necessary to implement resettlement plans and measures to ensure the basic living and living conditions of the demolished people during the transition period. The transition period of rural house demolition shall not exceed 12 months, and the transition fee exceeding 12 months shall be doubled; The transition period of urban housing demolition shall not exceed 18 months, and the resettlement subsidy must be calculated and paid in time according to the regulations. In principle, rural house demolition should adopt the way of moving back to the house, and the people's governments of cities (prefectures) and counties (cities, districts) can formulate specific measures according to the principle of "slightly superior and mutual benefit". Conditional city (state), county (city, district) people's government can be based on the overall planning of urban and rural construction and land use planning, unified planning and construction of landless farmers resettlement community. Farmers who voluntarily purchase commercial housing can adopt monetary resettlement. Pay close attention to solving the remaining problems in the demolition and resettlement, and basically solve those who have been demolished but have not been resettled for a long time before the end of this year.

Four, efforts to solve the employment problem of landless and unemployed farmers.

All localities should effectively bring landless and unemployed farmers into the policy scope of enjoying re-employment, timely examine and handle re-employment concession cards for landless and unemployed farmers with employment aspirations, and conscientiously implement various re-employment support policies such as tax reduction and exemption, small secured loans, social insurance subsidies, job subsidies, re-employment training and job introduction subsidies in accordance with relevant regulations. Public employment agencies affiliated to labor and social security departments at all levels should provide free vocational guidance and employment service for landless and unemployed farmers, and help them achieve re-employment through the labor market. The re-employment training bases and other training institutions recognized by the labor and social security departments at all levels should provide free re-employment training and entrepreneurship training for landless and unemployed farmers to improve their re-employment ability. Under the same conditions, land units should give priority to the employment of eligible landless farmers.

The funds needed for landless and unemployed farmers to enjoy various re-employment subsidy policies and free employment services will be solved from the relevant special funds arranged by the local government's land revenue and financial budget. After June 5438+1 October1in 2004, the newly-born landless and unemployed farmers were included in the scope of unemployment insurance, and their job introduction and re-employment training subsidies were paid from the unemployment insurance fund according to regulations.

Five, properly solve the social security problem of landless and unemployed farmers.

In accordance with the overall requirements of properly solving the living problems of landless and unemployed farmers, the practice of paying living expenses in one lump sum should be changed, and the land proceeds must first be used for the resettlement and social security of landless and unemployed farmers. All localities should conduct a clean-up of the use of government land revenue, and those who fail to use land revenue according to regulations should be returned within a time limit, and the results of the clean-up should be reported to the provincial government. Before the end of February 2005, all localities should set aside a certain proportion of funds from land revenue to establish a land acquisition adjustment fund to solve the remaining problems of social security such as resettlement compensation, minimum living security, unemployment insurance and old-age security for landless and unemployed farmers. The specific proportion shall be determined by the people's governments of cities (states) and counties (cities) according to the proportion of not less than land income 10%. The insufficient part is paid in advance by the local finance, and then returned from the land income year by year. This year, the minimum living security system for urban residents and the unemployment insurance system will be implemented for farmers who meet the requirements stipulated in document No. Chuan Wei Fa [2004] 1, the required funds are given priority in land revenue. The provincial general manager will carry out a pilot project of endowment medical insurance for landless peasants in Chengdu, and bring landless and unemployed peasants within the legal working age into the current basic endowment medical insurance system, and gradually implement it in various places after gaining experience. All localities should also formulate norms and gradually implement them according to actual conditions. For landless and unemployed farmers who have exceeded the legal working age, endowment insurance and medical insurance will be implemented with land transfer income funds and government subsidy funds, and the funds will be managed separately and closed.

Sixth, improve working methods and focus on solving outstanding contradictions and problems.

Compensation and resettlement for land acquisition and demolition is a systematic project, involving a wide range, a large workload and great influence. All localities and departments should strengthen publicity and education, let the masses know about the central and provincial policies and regulations on compensation and resettlement for land acquisition and demolition, and guide the masses to support the work of land acquisition and demolition according to law. It is necessary to adhere to administration according to law, strengthen supervision, establish and improve the system of notification, confirmation, hearing, "two announcements and one registration" in land acquisition (except for large and medium-sized water conservancy and hydropower projects) and the system of evaluation, administrative adjudication hearing and administrative compulsory demolition hearing in demolition, and further standardize the behavior of land acquisition and demolition. It is necessary to enhance the transparency of the work, and earnestly make the projects open, the examination and approval open, the procedures open, the standards open, the scheme open, the "cash" open, the demolition open, the law enforcement open, and the acceptance open, so as to ensure the people's right to know and supervise. It is necessary to unblock the channels of people's appeals and establish an effective mechanism for handling letters and visits. Municipalities (states) and counties (cities, districts) should conduct a comprehensive investigation, carefully sort out and properly solve the problems reflected by the masses, strive to achieve answers to everything, and actively resolve disputes and contradictions in land acquisition and demolition. Municipalities (states) shall report the investigation to the General Office of the Provincial Party Committee and the General Office of the Provincial Government before September this year 10. The handling of the problems found out shall be reported monthly by the cities (states) from September this year to 65438+February. The problem of "nail house" should be properly handled in accordance with legal procedures and relevant regulations through patient and meticulous ideological education and interpretation of relevant policies. The police force should be used with caution, and it is not allowed to be used without obvious illegal acts. If it is really necessary to use the police force, it must go through strict legal examination and approval procedures. For those who maliciously collude and provoke the masses to make trouble, for those who have ulterior motives to convey contradictory information about land acquisition and demolition disputes to foreign hostile forces and overseas media, and for those who seek help from foreign forces to "safeguard rights", public security and state security organs should find, dispose of and reduce the harm as soon as possible to prevent the formation of scale and climate. Cadres at all levels should strive to improve their policy level, change their work style and improve their working methods, and resolutely avoid mass incidents and vicious incidents caused by simple and rude working methods.

Seven, strengthen organizational leadership, strengthen supervision and inspection and accountability.

Party committees and governments at all levels should attach great importance to compensation and resettlement for land acquisition and demolition, put it on an important agenda, and pay close attention to it as a political task. To effectively strengthen organizational leadership, the main leaders of party committees and governments at all levels should take overall responsibility, and the leaders in charge and relevant departments should conscientiously perform their duties and provide guidance and services. Implement target management, establish a system of accountability, and strictly investigate the responsibility of the main leaders and directly responsible persons of the party committees, governments and relevant departments for places that seriously damage the legitimate interests of the masses and cause vicious incidents and major mass incidents in compensation and resettlement for land acquisition and demolition. Seriously investigate and deal with acts such as compensation and resettlement for land acquisition and demolition, land acquisition and demolition in violation of planning approval procedures, abuse of power, and forced land acquisition and demolition. For illegal acts such as default, misappropriation, misappropriation of compensation funds for land acquisition and demolition, abuse of coercive means, unauthorized use of police force, we must seriously investigate the responsibilities of relevant leaders and directly responsible persons. If a crime is constituted, criminal responsibility shall be investigated according to law. Strengthen supervision and inspection, study and solve existing problems in time, sum up and popularize good experiences and practices, and ensure that all policies and measures are implemented. The provincial party committee and government will organize inspection teams in a timely manner to supervise and inspect the land acquisition, demolition and resettlement work of various localities and departments.