Compensation and Resettlement for Land Requisition and Rural House Demolition in Gongxing County

Opinions of the General Office of the People's Government of Chengdu Land and Resources Bureau

[2003]No. 15

Release date: 200302 18 Implementation date: 200302 18 Promulgated by: General Office of Chengdu Municipal People's Government.

All districts (cities), counties and municipal departments:

The "Implementation Opinions on Specific Issues" submitted by the Municipal Bureau of Land and Resources has been deliberated and adopted at the 9/kloc-0 meeting of the municipal government and is hereby forwarded to you, please follow them.

The Measures for Land Requisition Compensation and Resettlement in Chengdu was implemented on February 6, 2003.

According to the Land Management Law of the People's Republic of China and Sichuan Province

First of all, the location of buildings (structures) in rural housing demolition can be selected in resettlement. Let some people choose the monetized resettlement of resettlement households, and some people choose the existing (built) housing resettlement. Encourage monetized resettlement.

Choose the existing (building) housing for resettlement, and carry out resettlement in strict accordance with the relevant standards of Decree No.78. The construction of resettlement houses must meet the requirements of urban planning and relatively centralized website construction.

Second, rural housing demolition and incentives

(a) the choice of monetary resettlement, a one-time reward of 8000 yuan/person.

(2) If monetary resettlement or cash (building) resettlement is selected, a resettlement agreement shall be reached within the notice, and the existing house shall be handed over within 10 days, and the relocation date shall be signed, with a reward of 3,000 yuan/person; If a settlement agreement is reached and an existing house is signed within 20 days, reward 1000 yuan/person; It will not be available for more than 20 days.

(three) currently selected (under construction) resettlement houses in need of transition, and each person will be given a monthly transition fee of 200 yuan. During the announcement period of personnel placement, the rural house demolition unit placed for resettlement will not be admitted, and the transition fee will be stopped.

(4) A resettlement household chooses some employees to monetize, and some people choose the existing (built) housing resettlement settings? Original certificate of per capita housing area of the family? The monetary resettlement of base and site personnel shall be rewarded.

(5) Resettlement of the currently selected (built) houses, with the original Certificate for the Use of Rural Houses and Homesites less than 35㎡, and according to the relevant resettlement standards? A record per capita area. If the supplementary payment is paid in one lump sum within the time limit stipulated by the land unit, the land unit may offset the supplementary payment to 50% of the balance sheet.

The three parties confirm the marriage relationship between the resettlement house for farmers' spouses and the resettlement house. Among them, the five cities with population growth and non-agricultural high-tech zones are the Rural Housing Homestead Use Certificate, where the unit proves that the account holder has not participated in the local account, and the number of houses invested by the spouse "peasants" is calculated according to the following provisions for applying for compensation and resettlement.

(1) As stated in the certificate for the use of rural housing homestead, the settlement is based on the main construction area: if there is no original housing area of 35 square meters per capita, the per capita compensation will be made, and the settlement will be made by deducting 300 yuan price /M2 according to the standard of affordable housing in the adjacent location; The existing per capita housing area exceeds 35 square meters, and the excess part shall be compensated by the land acquisition unit according to 300 yuan/square meter.

(2) After the resettlement of existing (built) houses is implemented, the settlement basis is the main building area specified in the Rural Housing Homestead Use Certificate held by them: the original per capita housing area? ? More than 35 square meters, the land acquisition unit shall not exceed the maximum amount of 300 yuan/square meter of construction cost compensation;

The original per capita housing area was 35 square meters, but the resettlement was 35 square meters, and there was a shortage of per capita housing. 600 yuan/m2 subsidized land is insufficient;

If the per capita original housing area is less than 35 square meters and 35 square meters, the excess will be purchased at 900 yuan/square meter;

The resettlement house is 35 square meters, with more per capita. The redundant employees were purchased at the local real estate guidance price at that time. After ...

(3) Land expropriation announcement. According to the Marriage Law, a native must have a registered permanent residence as the object of his previous post. Its location and non-housing resettlement period shall be transferred from the date of approval of the compensation and resettlement plan.

Fourthly, compensation and reward for the demolition of township enterprises.

(a) according to the demolition of villages and towns (including natural villages, natural groups) land acquisition procedures and private enterprises within the scope of the building (structure), according to the "public * * * building" compensation standard Schedule 4 78 orders.

(2) Villages and towns (including villages and groups) and private enterprises have signed back the land and houses since the date of the demolition announcement. Except for the demolition compensation agreement in the first order 78 10 15, the rest will be rewarded by 3% of the total building (structure), and the compensation standard required by the company's buildings (structures); Hand over the land and house within 25 days and sign a demolition compensation agreement. The compensation amount is 1% of the total remuneration of the company's buildings (structures) as material remuneration. There will be no awards in the 25th session.

Verb (abbreviation for verb) execution time

All land requisition announcements issued after June 65438+ 10/day, 2003 shall be implemented according to this opinion.

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Decree No.78 of Chengdu Municipal Government

"Chengdu land acquisition compensation and resettlement measures" has been adopted at the thirty-fifth executive meeting of the Municipal People's government and is hereby promulgated.

Mayor: Wang Rongxuan.

September 26th, 2000, in Chengdu.

Measures for Land Requisition Compensation and Resettlement Chapter I General Provisions

First of all, it is the legitimate rights and interests of units and individuals to ensure the smooth progress of land acquisition and maintenance. These Measures are formulated in accordance with 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, the Measures for the Implementation of Sichuan Province (Land Administration Law of the People's Republic of China) and other laws and regulations, combined with the actual situation in Chengdu.

2. Qingyang, Jinniu, Wuhou and Chenghua in Jinjiang City (including high-tech industrial development zones, hereinafter referred to as the five districts)? The collective land expropriation compensation within the administrative area belongs to farmers, and these measures shall apply to the resettlement of their employees and housing.

Twentieth land acquisition, compensation and resettlement work under the leadership of the Municipal People's government, the municipal land administrative department is responsible for the implementation.

The relevant administrative departments of urban planning, labor, civil affairs, public security, food, planning, etc. shall, in accordance with their respective duties, cooperate with the land administrative departments to do a good job in urban land acquisition.

District and township (town) people's governments shall assist in land compensation and resettlement.

Article 2 After the compensation for land requisition is approved according to law and the parties concerned are resettled according to law, the land administrative department shall issue a notice, and the paying land unit and the land unit shall deliver the land within the time limit specified in the notice, and shall not refuse or obstruct it. chapter two

Article 3 In the land acquisition plan and announcement approved according to law, the expropriated land use right holder shall specify the land certificate of the land management department that handles the land acquisition compensation registration in the announcement.

Land requisition shall, according to the approved plan, work out a compensation and resettlement plan for land requisition in conjunction with the relevant departments and the land-expropriated village (town), which shall be announced by the village land administrative department to listen to the opinions of the land-expropriated rural collective economic organizations and farmers. According to the land compensation and resettlement plan approved by the land administrative department, organize the implementation according to law.

Land requisition compensation and land settlement disputes will not affect the implementation of the plan.

Article 6 The compensation for land expropriation shall be based on the land, resettlement subsidies and compensation fees for ground attachments and young crops paid according to law, and shall be implemented in accordance with the Land Administration Law of the People's Republic of China and the Implementation Measures of Sichuan Standard Province (Land Administration Law of the People's Republic of China).

Illegal occupation of cultivated land for planting flowers, trees and patches Article 7 shall be calculated according to the compensation standard for food crops.

Tree species planted by sporadic breeding experts and approved tree species shall comply with the prescribed standards.

There are signs of ancient trees, according to the "Regulations" management of ancient and famous trees in Chengdu. Building (structure)

(a) do not have the land ownership certificate and other legal warrants; & lt: No compensation.

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The land requisition plan is announced, and the planting of crops, trees and buildings is (2) days after the approval of the economic law;

(three) after the permitted use period or the use period has not yet been determined, the temporary land (including land) has been used for more than two years on the building (structure);

(four) illegal occupation of land to build buildings (structures);

The land required for the maintenance of road planning and water conservancy facilities shall be collected by the unit responsible for land reclamation. Land requisition and construction

Tenth buildings (structures) with land ownership certificates and other legal certificates shall be compensated according to the above standards. Relocation losses, relocation freight and relocation expenses of hydropower facilities involved in enterprise relocation account for 10- 15% of the total compensation for materials constructed by land acquisition units of the company.

Compensation and subsidy fees for land acquisition

Eleventh, within three months from the date of approval of the land acquisition compensation, the full payment of the resettlement plan shall be implemented in accordance with the following provisions:

(a) all the land has been requisitioned according to law, all the agricultural population has been resettled, and land compensation fees and resettlement subsidies have been newly recruited into rural collective economic organizations after passing through the land-expropriated units; The property of the former rural collective economic organization shall be registered and announced to farmers, and its property shall be handled by the people's government (town) at the next higher level of the organization or the rural land-expropriated unit.

(2) Land is a part of the expropriation law of rural collective economic organizations, and the land compensation fee paid by the land-expropriated unit for production and development is due to the surplus labor force of the land-expropriated employment rather than the living allowance. Its use shall be subject to the administrative approval of the township (town) people's government and decided by the villagers or villagers' representatives. Resettlement subsidies paid to land units, land management units and users.

(3) If a part of the land legally expropriated by the rural collective economic organization is resettled by the land requisition unit, the land compensation fee shall be paid to the resettlement subsidy paid to the resettlement personnel or with the consent of the resettlement unit or the insured.

(four) compensation fees paid to the owners of attachments and young crops on the ground.

No unit or individual may privately divide, transfer, misappropriate or intercept land compensation fees, resettlement compensation fees and other expenses related to land acquisition.

Cultivated land resettlement stamp

Article 12 All the land of rural collective economic organizations has been requisitioned. Rural collective economic organizations established according to law, all the original rural families are not in agricultural registered permanent residence; Not all expropriation, agricultural land is calculated by dividing the number of cultivated land per capita (land for food and vegetables) before expropriation by the number of people who have been expropriated from agricultural registered permanent residence to non-agricultural registered permanent residence (hereinafter referred to as "rural to non-agricultural"); According to the average value of the expropriated cultivated land divided by each component of the expropriated labor force, the number of labor force to be resettled is calculated.

The peasants have reached the age of full, and the date of the announcement of the land acquisition plan approved according to law in that year.

Thirteenth permanent residence in the scope of landless farmers, the age of 18 years old, but men under 60 years old, women over 18 years old but under 50 years old, and can persist in participating in productive labor all the year round, but the object of labor placement is not farmers.

Fourteenth, self-employment can be realized, and there are measures for unit placement.

For men over 50 years of age but under 60 years of age, and farmers over 40 years of age but under 50 years of age, women will be resettled by starting their own businesses.

Upon my application, the land compensation unit notarized the total land compensation fee as per person 18000 yuan, and paid the resettlement subsidy to the resettlement object; Resettlement unit, the unit should be the land compensation fee per person 18000 yuan, allocated to the resettlement unit as a one-time resettlement subsidy. From Japan, people do not enter a new place.

Those who have returned to their hometowns after early retirement belong to the scope of peasants' urbanization, and only apply for their peasant household registration, and will no longer be resettled through the provisions of this chapter.

Article 16 For farmers who have reached the age of 60 for men and 50 for women to retire early, the land compensation fee will be paid to the individual in one lump sum16,000 yuan after the physical placement notarized by the land-using unit.

Twentieth farmers, land acquisition units should be a one-time allocation of land compensation fees, resettlement subsidies to the civil affairs departments required for the five objects of seventeen. BR p> Article 18 Servicemen whose original registered permanent residence is within the scope of land acquisition shall apply for compensation by the land acquisition unit and be assigned to the position of the original one-time resettlement subsidy in the civil affairs department until they return to their original places, and the required registered permanent residence shall be resettled by the civil affairs department.

The scope of land acquisition of the original household registration Article 19 The one-time compensation fee and resettlement subsidy at the location of the original household registration shall be allocated to the labor department where the land-expropriated unit is serving a sentence or working, being expropriated or being re-educated through labor, until the required labor department releases and disbands the resettlement labor force from the prison or reform-through-labour institution.

18 farmers at the age of Article 20, the land-expropriated unit can issue a one-time living allowance of 6000 yuan. Non-farmers' resettlement personnel shall be subject to Article 2 1 land acquisition according to national and provincial regulations.

Range.

Chapter IV Housing Resettlement

Twenty-second approved land acquisition plan announcement date, the "rural homestead use certificate" holders according to the construction area of 35 square meters per person (including stairwells, the same below) placement; If monetary resettlement is implemented in housing resettlement, it can be implemented now.

Monetary Resettlement Article 23 Based on the main building area described in the certificate for the use of rural homestead houses, the land-expropriated farmers shall be resettled in monetary terms within seven days from the date of signing the contract in accordance with the following provisions and personnel shall be arranged to complete the settlement of housing demolition and resettlement funds:

(a) the original per capita housing is less than 35 square meters, and the per capita compensation is 35 square meters, calculated according to the reasonable price of the adjacent lots;

(two) beyond the initial per capita housing of 35 square meters, in addition to the provisions of the preceding paragraph, beyond the prescribed part of the land compensation for the unit per square meter of 600 yuan.

Article 24 (Construction) Housing resettlement has been implemented. The main building area of the house is the person who holds the certificate of use of the rural housing homestead of farmers. On the basis of filing, land units and personnel shall, according to the construction area of farmers' resettlement houses, solve the problem according to the following provisions:

(a) the original residential per capita more than 35 square meters, the approved land area? Self-built units according to the cost price, the highest compensation for 300 yuan per square meter;

(two) the original residential per capita reached 35 square meters, but below 35 square meters per capita, compensation for per capita housing area, and insufficient land units per square meter of 600 yuan;

(3) If the original per capita living area is less than 35 square meters, every 35 square meters will be placed, and 600 yuan per square meter will be purchased from surplus farmers;

(four) the commodity price of farmers to buy houses with an average area of more than 35 square meters;

Article 25, originally run by the staff of farmers' living space, should be moved according to the relocation of houses.

Article 26 is part of the confiscated land. The land held by farmers and family members within the scope of the Rural Homestead Use Certificate is not owned by all families. If a worker is equipped with farmers, he can monetize the resettlement compensation at one time and no longer enjoy the right to use rural land; Rural collective economic organizations of land-expropriated units can also pay housing subsidies per square meter of 300 yuan, and choose to set up or switch from agriculture to non-personnel self-management.

All expropriated land shall be handled in accordance with the provisions of Articles 23 and 24 of this Ordinance.

Demolition inheritance, through the growth and non-agricultural workers living, no more than one square meter of 600 yuan is a one-time compensation to obtain property rights.

Article 28 The relevant provisions of this chapter shall apply to the demolition of houses of students in active service who are within the scope of their original household registration, as well as village cadres, workers, urban residents, returned overseas Chinese, compatriots from Hong Kong, Macao and Taiwan Province Province and other non-agricultural workers who have returned to their original places of residence after labor reform and land supply or re-education.

Twenty-ninth residents of the demolished houses choose to build houses, and the rural homestead area shall be handled according to the regulations.

Violation of Article 30

Responsibility, in violation of the "People's Republic of China (PRC) * * * and Land Management Law", "People's Republic of China (PRC) * * * and Land Management Law Implementation Measures" and "Sichuan Province (Land Management Law of the People's Republic of China) Implementation Measures" shall prevail.

Article 3 1 On land acquisition: If the parties refuse to move after compensation and resettlement according to law, the municipal and district land administrative departments shall order them to move within a time limit; City, District People's government fails to approve the demolition, the implementation of compulsory demolition. Resettlement compensation fees shall be collected by the land administrative departments, and the compensation fees shall be paid and deposited in the special account of the local township (town) people's government.

Article 32 If a party refuses to accept specific administrative acts such as administrative punishment or compulsory measures, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

The person in charge of the land administrative department has dereliction of duty.

Article 33. Abuse of power, corruption, which constitutes a crime, shall be investigated for criminal responsibility according to law; ; If it does not constitute a crime, the administration shall deal with it in accordance with the relevant provisions.

Chapter VI Supplementary Provisions

Thirty-fourth, land acquisition compensation standards and other related expenses, by the municipal land administrative departments in conjunction with the relevant departments to develop and implement.

Thirty-fifth national, provincial and municipal government key construction projects, land acquisition compensation and resettlement standards shall be subject to the project.

Thirty-sixth qingbaijiang district, Longquanyi District, county (city) government can be combined with local conditions, formulate specific measures, separately formulated and packaged and reported to the Legislative Affairs Bureau of Chengdu Municipal People's Government for the record.

Thirty-seventh the specific application of these measures shall be interpreted by the land administrative department of Chengdu.

Article 38 These Measures shall come into force as of the date of promulgation.

What is being implemented now is still the standard, not the annual output value of compensation for land acquisition according to law. The amount of compensation should have different aspects. For resettlement subsidies, the maximum compensation limit has exceeded a multiple of 30.

Is the compensation standard for land acquisition adjusted once a year, and is it in accordance with the law? There are some changes, one is the annual output value, and the other is the living standard. The published statistical data of changing local standards shall prevail.