What is the compensation and resettlement method for house demolition on collective land in Hengyang City?

What is the compensation and resettlement method for house demolition on collective land in Hengyang City? Article 1 In order to strengthen the compensation and resettlement for house demolition on collective land, and safeguard the legitimate rights and interests of land units and villagers (hereinafter referred to as the demolished), 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 and the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Hunan Province. Article 2 These Measures shall apply to the compensation and resettlement for the demolition of houses and other buildings on the land of rural collective economic organizations within the administrative area of this Municipality. After the members of the collective economic organizations are converted into urban residents due to the land expropriation system of the collective economic organizations, the remaining land needs to be used for construction, which involves compensation and resettlement for house demolition, with reference to these measures. If the State Council and the provincial government have other provisions on compensation and resettlement for house demolition in infrastructure construction such as roads, railways, water conservancy and hydropower, those provisions shall prevail. Third city, county (city), Nanyue District People's government should strengthen the leadership of the demolition and resettlement work, the land administrative departments at the same level are responsible for strengthening management, and the land acquisition and demolition institutions are responsible for implementation. Development and reform, finance, auditing, price, public security, construction, planning, agriculture, animal husbandry and fishery, forestry, water conservancy, environmental protection, human resources and social security, civil affairs, rural management and other departments shall, within their respective functions and duties, cooperate with the compensation and resettlement work for house demolition. Article 4 Before the land requisition is submitted for approval, the land administrative department shall issue a notice before the land requisition, and inform the rural collective economic organizations that have been requisitioned of the purpose, place, compensation basis and resettlement method of the land requisition. Article 5 From the date of the announcement before land requisition, the following procedures shall be suspended within the scope of the land to be requisitioned: (1) Newly approved homestead and other construction land; (two) approved the renovation and expansion of housing, land transfer and land registration and certification; (3) The household registration moves in with the household registration, except that it is really necessary to move the household registration with the household registration due to reasons such as childbirth, marriage, veterans or college graduates; (four) the change of housing and land use; (five) to go through the formalities for the transfer of land contractual management rights, except for the expiration of the land contractual management contract; (6) Special breeding certificate; (seven) other procedures that hinder the compensation and resettlement of house demolition. The suspension period shall be calculated from the date of announcement before land acquisition, and the longest period shall not exceed 12 months, unless otherwise stipulated by the state and the province. Article 6 After the notice of land requisition is issued, the land requisition and demolition institution shall investigate the area and quantity of the buildings (structures) on the expropriated land, and the investigation results shall be confirmed with the relevant right holders of the demolished houses according to law, and the confirmation letter shall be signed and sealed. If the demolished person does not cooperate with the investigation or sign and seal, the land acquisition and demolition institution can take photos, videos and other ways to obtain evidence, and the results will be notarized. Confirmation or evidence collection results (including words, forms, relevant data, on-site photography and video materials, relevant certification materials, etc.). ) as the basis for compensation and resettlement of house demolition. Seventh after the announcement of land acquisition, the demolition should be within the time specified in the announcement of land acquisition, with valid housing documents to the designated place for compensation related procedures and review. Article 8 The ownership, area, structure, use and construction period of the house to be demolished shall be based on the land use certificate, house property right certificate or other legal documents. Article 9 The following buildings shall not be compensated: (1) buildings (structures) newly added after the announcement before land acquisition; (2) illegal construction; (three) the demolition of temporary buildings beyond the approved period. Article 10 The determination of compensation fees shall be based on the legal building area, building structure, decoration and facilities standards, and the combination of old and new. See attached table 1 for specific compensation. Eleventh families who meet the resettlement conditions refer to the registered agricultural families of the collective economic organizations at the time of land acquisition, and enjoy the right to contract and manage rural collective land according to law. Policy immigrants need resettlement, according to the policy of resettlement. Under the following circumstances, no homestead or house placement will be arranged after compensation according to the standard specified in the attached table 1 of these measures: (1) The area of the house occupied by the demolished person on the collective land reaches the specified standard; (two) the houses of people who are not members of the collective economic organization and belong to the collective economic organization but do not enjoy the right to contract rural land according to law are demolished; (three) the demolition of non residential houses or buildings (structures). Twelfth residential housing resettlement includes monetary resettlement and unified planning and construction, unified planning and self-construction, self-demolition and self-construction and other construction methods. Industrial parks and development zones in Hengyang urban planning control area adopt monetary compensation or unified planning and construction; Other areas can take monetary resettlement, unified planning and construction, unified planning and self-construction and self-demolition. Hengyang city planning area, industrial park, development zone, the demolition of people can be placed in any way of monetary resettlement or unified planning and construction, but the provisions of these measures can only take monetary compensation. After compensation and resettlement, if the demolished person applies for new construction in other ways, the relevant units and departments shall not approve it. Article 13. Where the house to be demolished is placed in monetary terms, in addition to compensation according to the attached table 1 of these measures, the land-saving prize shall be paid according to the legal area of the main house and 50% of the total compensation. Article 14 Where the demolished person chooses unified planning and unified construction and resettlement methods, it shall be settled at the cost price. The average construction area of the cost resettlement house shall not exceed 55 square meters, but the minimum for each household shall not be less than 65 square meters and the maximum shall not exceed 165 square meters. Article 15. Self-built, self-demolished and self-built, the land area of each household shall not exceed130m2, the barren hills and wasteland shall not exceed 2 10/0m2, and other land shall not exceed180m2. Sixteenth unified planning of self-built, self-demolition and self-built resettlement land, the relevant construction approval fees are exempt from the part collected by the city and county; The applicant shall bear the expenses for leveling the "three links" of water, electricity and roads and the homestead, and the expenses for the foundation depth exceeding 1.5 meters. Seventeenth eligible families have priority to enjoy private saving and affordable housing policies. Eighteenth love homes, affordable housing construction costs by the application for land units responsible. Nineteenth demolition of outdoor facilities, according to the actual situation in accordance with the provisions of these measures (Table 2) standard compensation. Twentieth people were relocated to new homes, pay a one-time relocation allowance; If the transition is needed, the housing transition subsidy will be paid and the relocation subsidy will be paid twice. See Schedule 3 for specific standards. Twenty-first demolition of production and business premises to implement monetary resettlement, or with a considerable housing and other buildings and structures to give compensation. For monetary resettlement, the compensation shall be 140% of the structure and area of similar houses. The identification of production and business premises shall be subject to the purpose determined by the property right certificate and the land use certificate. The obligee must hold a valid business license, and have been in business for half a year before the announcement of land acquisition, and pay taxes according to law. Twenty-second households who have completed the demolition and handed over the land ahead of schedule will be rewarded, but the total reward will not exceed 4% of the total compensation. Twenty-third power, telecommunications, water supply and drainage pipelines, gas pipelines and other facilities relocation, in accordance with the relevant provisions of the state to be properly compensated; Abandoned, no compensation. Twenty-fourth non residential houses of collective economic organizations and units within the scope of land acquisition (including schools, temples, enterprises' production and operation houses, village committees and villagers' groups, etc.). ), in accordance with the provisions of the rural villagers housing similar structure compensation standards to be compensated. Twenty-fifth the original facilities such as ponds, reservoirs and roads rebuilt by the land applicant and the corresponding land will not be compensated, but the land needed for rebuilding the facilities will be compensated according to the new compensation standard for land acquisition. Twenty-sixth collective economic organizations whose land has been expropriated have been resettled in different places, and the original homestead shall not be compensated, but the part of the original homestead that exceeds the area occupied by the resettlement shall be compensated. Twenty-seventh graves within the scope of land acquisition shall be moved by the head of the household, and the relocation subsidy shall be paid according to the regulations; If there is no householder, the unit applying for land use shall be responsible for the migration. A notice of moving the grave shall be issued, requiring the householder to move the grave by himself within the prescribed time limit; Fails to move, according to the main grave. Twenty-eighth construction and use of state-owned agricultural land involves compensation and resettlement for house demolition, with reference to these measures. Article 29 The people's governments of cities, counties (cities) and Nanyue District may, according to the overall land use planning and urban planning, purchase houses on expropriated collective land by agreement within a certain period of time, and the demolition compensation and resettlement standards shall be implemented in accordance with the provisions of these Measures. Thirtieth these Measures shall come into force as of the date of promulgation, and the document [2002] 1 of the Municipal People's Government shall be abolished at the same time. Other provisions on compensation and resettlement for house demolition on collective land are inconsistent with these measures, and these measures shall prevail. Before the implementation of these measures, the conversion of agricultural land and land expropriation have been approved and announced in accordance with the law, and the compensation and resettlement fees for land acquisition have been paid in place, which shall be handled in accordance with the original provisions; However, if the payment is not made within 3 months after the implementation of these measures, these measures shall prevail. To sum up, cities will formulate compensation and resettlement measures for house demolition to better protect the legitimate rights and interests of the people and avoid various disputes. But generally speaking, for different cities, the methods are different, but generally they will try their best to ensure that these groups can get better living places.