Are there any differences in demolition compensation standards between rural collective land use certificates and state-owned land use certificates?

The differences between rural collective land use certificates and state-owned land use certificates during demolition are as follows:

1. The applicable management methods are different.

The land expropriation of collective land applies to the methods of expropriating collective land in the Land Management Law. The specific standards are implemented by the unified annual output value standards for land expropriation and the comprehensive land price of the expropriated area formulated by the provincial governments.

The regulations on house expropriation and compensation on state-owned land shall apply to the land expropriation of state-owned land. The compensation for the value of the expropriated house shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the house expropriation decision.

2. The costs paid are different.

Collective land use rights can be obtained by members of villagers' self-governing organizations, while obtaining state-owned land use rights certificates requires paying a land transfer fee to purchase the use rights from the state.

3. The compensation standards are different.

Compensation for the expropriation of houses on collective land is generally based on replacement costs. In practice, specific compensation standards are generally determined based on the nature, structure, use period and other factors of the house. Compensation for expropriation of houses on state-owned land will be based on market prices assessed by assessment agencies.

4. Rights holders have different relief channels.

Article 25 of the "Regulations for the Implementation of the Land Management Law" stipulates that when collective land is expropriated, "if there is a dispute over the compensation standard, the local people's government at or above the county level shall coordinate; if coordination fails, the person who approved the expropriation of the land shall People's Government ruling.

Disputes over land acquisition compensation and resettlement will not affect the implementation of the land acquisition plan. "Compensation disputes shall be resolved through adjudication. When houses on state-owned land are expropriated, according to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, “If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit in accordance with the law.

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Baidu Encyclopedia - Land Management Law of the People's Republic of China

Baidu Encyclopedia - Collective Land