Provisions on land requisition compensation

Article 47 of the Land Administration Law of the People's Republic of China: If land is expropriated, compensation shall be given according to the original use of the expropriated land. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation. The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land. The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government. Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state. If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation. According to the level of social and economic development, under special circumstances, the State Council can raise the standards of cultivated land compensation and resettlement subsidies. Forty-eighth after the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated. Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision. It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units. "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 26 Land belongs to rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops. The resettlement subsidy for the expropriated land must be earmarked for special purposes and shall not be used for other purposes. Need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the individual or used to pay the insurance premium of the resettled person with the consent of the resettled person. Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2004] No.28 (12)) improves the compensation method for land acquisition. The local people's governments at or above the county level shall take practical measures to ensure that the living standards of farmers whose land has been expropriated are not reduced by land expropriation. It is necessary to ensure timely and full payment of land compensation fees, resettlement subsidies and compensation fees for attachments and young crops on the ground according to law. If the land compensation fees and resettlement subsidies paid in accordance with the current laws and regulations are not enough to maintain the original living standards of landless farmers and pay the social security fees for landless farmers, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall approve the increase of resettlement subsidies. If the sum of land compensation fees and resettlement subsidies reaches the statutory upper limit, which is not enough to maintain the original living standard of landless farmers, the local people's government may subsidize them with the income from paid use of state-owned land. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate and publish unified annual output value standards or comprehensive land prices for land acquisition in cities and counties, and the land acquisition compensation shall be the same in the same place and at the same price. National key construction projects must include the land acquisition cost in full in the budget estimate. Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council. (thirteen) the proper placement of landless farmers. Local people's governments at or above the county level shall formulate specific measures to ensure the long-term life of landless farmers. For projects with stable income, farmers can buy shares through the legally approved land use right of construction land. In the urban planning area, the local people's government should incorporate the landless peasants into the urban employment system and establish a social security system; Outside the urban planning area, when the land collectively owned by farmers is expropriated, the local people's government shall reserve the necessary cultivated land or arrange corresponding jobs for the landless farmers within their respective administrative areas; Land-expropriated farmers who do not have basic production and living conditions should be resettled in different places. The labor and social security department shall, jointly with the relevant departments, put forward guidance on establishing employment training and social security system for landless farmers as soon as possible. Notice of the Ministry of Land and Resources on Printing and Distributing No.238 [2004] of the Ministry of Land and Resources (II) Determination of the multiple of the unified annual output value. The multiple of the unified annual output value of land compensation fees and resettlement subsidies shall be determined within the scope prescribed by law in accordance with the principle of ensuring that the original living standards of landless farmers are not reduced; If the compensation and resettlement expenses for land acquisition calculated according to the multiple of the statutory unified annual output value cannot make the landless peasants maintain their original living standards and are insufficient to pay the social security expenses for the landless peasants, the multiple may be increased with the approval of the provincial people's government; The total land compensation fee and resettlement subsidy is calculated at 30 times, which is not enough to make the landless peasants maintain their original living standards. The local people's government will make overall arrangements and set aside a certain proportion of the proceeds from the paid use of state-owned land to give subsidies. If the occupation of basic farmland is approved according to law, the compensation for land acquisition shall be implemented according to the highest compensation standard announced by the local people's government. (4) Distribution of land compensation fees. According to the principle that land compensation fees are mainly used for landless farmers, land compensation fees should be reasonably distributed within rural collective economic organizations. The specific distribution measures shall be formulated by the provincial people's government. If all the land is expropriated and the rural collective economic organizations are revoked, the land compensation fee shall be fully used for the production and living resettlement of landless farmers. (6) Re-employment and resettlement. We should actively create conditions to provide free labor skills training for landless farmers and arrange corresponding jobs. Under the same conditions, land units should give priority to the employment of landless farmers. Expropriation of farmers' collective land in urban planning areas should bring landless farmers into the urban employment system and establish a social security system.