What documents do I need to bring for expropriation compensation?

Since the country has not yet formulated a unified land acquisition law, the legal provisions related to land acquisition mainly exist in the "Land Management Law of the People's Republic of China", the "Regulations on the Implementation of the Land Management Law", and the "Guangxi Zhuang Ethnic Group" The autonomous region implements the "Measures for the Land Management Law of the People's Republic of China", the "Measures for Announcement of Land Acquisition" and other laws and regulations. Not only are the legal sources relatively scattered, but the regulations and specific practices vary from place to place. The following is a brief introduction to some basic knowledge that may be involved in land acquisition work. 1. Land expropriation What is land expropriation? Land expropriation, also referred to as land expropriation, refers to the act in which the state and local governments, based on the needs of public interests and the needs of urbanization and industrialization, compulsorily return collectively owned land to the state in accordance with the procedures prescribed by law, and the state provides statutory compensation. . To put it simply, the original land belonged to the village collective. After the land acquisition procedures, the land belongs to the state, and the state will provide corresponding compensation. It sounds like doing business, one party delivers the goods and the other party pays. In fact, there is a fundamental difference between land expropriation and transaction: both parties to the transaction are voluntary, and it is a civil act between equal subjects, and the rights and obligations between the subjects are regulated by civil laws; land expropriation is a specific administrative act, and there are non-conformities between the subjects. There is an equal relationship between superior and subordinate management and the managed, and the rights and obligations of both parties are regulated by administrative laws or economic laws. In the land acquisition work, there may also be the involuntary nature of the party whose land is being acquired and the compulsory nature of the party who acquires the land. my country's land is under socialist public ownership, with some land owned by the state and some collectively owned. The "Land Management Law" stipulates: "Land in urban areas belongs to the state. Land in rural areas and urban suburbs, except for state ownership as stipulated by law, belongs to farmers' collectives; homesteads, private land, and private hills belong to farmers' collectives. "Because there are two forms of land in our country: "state ownership" and "farmer collective ownership." If the state wants to use collectively owned land for construction, it must go through land acquisition procedures and convert collectively owned land into state owned land. Development and construction can only be done after acquiring the land. 2. Basic procedures for land requisition The procedures for land requisition are divided into two consecutive parts, namely the land requisition approval procedure and the land requisition implementation procedure. The approval procedure is an internal matter of the administrative agencies. Rural collectives and farmers are not involved in the work. Here is only a brief introduction. Each step of the implementation procedure involves the protection of the legitimate rights and interests of the party whose land is expropriated. Farmers need to Due to the active participation of my friends, I will give a detailed introduction. (1) Approval procedures for land acquisition. It is mainly divided into 5 steps: 1. The construction project must be approved by the State Council or the provincial government in accordance with the law. 2. The construction unit submits an application for construction land to the municipal and county government land administration departments. 3. The land administration department of the municipal and county governments shall formulate land acquisition and other plans after review. 4. Report to each level after approval from the city and county governments. 5. Land requisition and other plans shall be approved by the State Council or the provincial government in accordance with the law. What needs to be pointed out here is that due to the strict land management system implemented by the country, the approval power for land acquisition lies with the State Council and provincial governments. For land acquisition in Guangxi, only the State Council and the People's Government of the autonomous region have the right to approve land acquisition. Moreover, among the acquired land Only the State Council has the authority to approve projects that include basic farmland. (2) Implementation procedures for land acquisition. The implementing agencies for land acquisition are the municipal people's government and the county people's government. It is worth noting that although the municipal district government is at the same level as the county government, the law stipulates that the municipal district government cannot serve as the implementing agency for land acquisition. The specific work of land acquisition is undertaken by the municipal and county land and resources bureaus. The implementation procedure of land acquisition is mainly divided into six steps: first, issue a land acquisition announcement; second, handle land acquisition compensation registration; third, formulate a land acquisition compensation and resettlement plan; fourth, determine a land acquisition compensation and resettlement plan; fifth, implement land acquisition compensation Resettlement plan; sixth, land delivery. 1. Issue a land acquisition announcement. There are two main announcements for land acquisition, one is the land acquisition announcement, and the other is the land acquisition compensation and resettlement plan announcement. Both announcements are very important. In order to standardize the announcement work of land acquisition, the Ministry of Land and Resources specially formulated the "Measures for Announcement of Land Acquisition", which came into effect on January 1, 2002. Let’s talk about the first announcement first, which is the land acquisition announcement. The purpose of the land acquisition announcement is to inform the land-expropriated units of the facts of land acquisition, the agency and deadline for compensation registration, and other important contents, marking the beginning of the land acquisition implementation work. If the municipal or county land and resources departments fail to make an announcement for land acquisition in accordance with the law, the rural collective economic organizations, rural villagers or other rights holders in the expropriated area have the right to request an announcement in accordance with the law and have the right to refuse to go through the land acquisition compensation and resettlement registration procedures ("Land Acquisition") The provisions of Article 14 of the Announcement Measures). (1) The issuing authority for land acquisition announcements: municipal and county governments. Article 4 of the "Measures for Announcement of Land Requisition" stipulates that the people's government of the city or county where the land is to be requisitioned shall make a land requisition announcement within 10 working days from the date of receipt of the approval document of the land requisition plan. The administrative department is responsible for the specific implementation. (2) The scope of the announcement of land acquisition: the township (town) and village where the land to be acquired is located. (3) Announcement content: There are 4 aspects: ① Approval authority for land acquisition, approval number, purpose and scope of land acquisition, ② Owner, location, land type, area of ??the acquired land ③ Compensation standards for land acquisition and resettlement methods for agricultural personnel, ④The deadline and location for land acquisition compensation registration, etc. (4) Consequences of issuance: rush planting, rush planting of crops or rush construction of buildings after the announcement is not included in the scope of compensation.

2. Registration for land acquisition compensation (1) Registration authority: the government land administration department designated in the land acquisition announcement. The Municipal Land and Resources Bureau or the Hepu County Land and Resources Bureau shall perform the duties of the registration authority within the scope of its functions. (2) Registration applicant: the owner and user right holder of the expropriated land. The owner refers to the village committee or villager group (production team) that owns the land. The owner of the right to use the land generally refers to the person who contracts the land, the owner of the house and other buildings, etc. (3) Registration period: the period specified in the land acquisition announcement. (4) Materials required for registration: land ownership certificate, property rights certificate of attachments on the ground and other documents. Certificates proving land ownership, use rights or house ownership, such as the 1962 "Four Fixed" certificates, mountain boundary forest rights certificates, real estate certificates, etc. (5) Consequences of not registering: Compensation shall be subject to the investigation results of the municipal and county Land and Resources Bureau. Some village collectives may not agree to land acquisition, or the compensation standards for land acquisition are low, so they are unwilling to register; or they mistakenly believe that if they do not register, the national land acquisition agency will not be able to implement it; or due to special reasons, they fail to register within the time limit specified in the announcement. Worry about not being compensated. These ideas are wrong and worries are unnecessary. Whether or not registration is carried out will not affect the progress of land acquisition, nor will it affect compensation. However, the amount of compensation is subject to the survey results of the land department. 3. Formulate the land acquisition compensation and resettlement plan (1) Formulating authority: The land affairs department of the municipal and county governments will implement the formulation in conjunction with relevant units. (2) The basis for the formulation: land registration information, on-site survey results, verified land acquisition compensation registration status, and land acquisition compensation standards stipulated in laws and regulations. (3) Contents of the plan: ① The situation of the acquired land ② Land compensation, resettlement subsidy, compensation for young crops, compensation for attachments and other matters. ③Resettlement plan for landless farmers. (4) Plan announcement: The land administration departments of the municipal and county governments announce the plan in the townships (towns) and villages where the land is to be acquired, and listen to the opinions of rural collective economic organizations and farmers whose land is to be acquired. This is the second important announcement in the land acquisition process. The "Land Acquisition Announcement Measures" clearly stipulate this. If there is no announcement of the land acquisition compensation and resettlement plan, the expropriated area has the right to refuse to go through the land acquisition compensation and resettlement procedures. (5) Hearing: According to the "Land and Resources Hearing Regulations" promulgated by the Ministry of Land and Resources on January 9, 2004 and implemented on May 1, 2004, before formulating the compensation standards and resettlement plans for land acquisition projects and submitting them for approval, the land acquisition department shall notify in writing The parties have the right to request a hearing. The so-called hearing, in layman's terms, means listening to opinions, and a hearing is also a meeting to listen to opinions. There are many ways to listen to opinions, such as surveys, symposiums, visits, etc. The hearing method can ensure procedural fairness, listen to multiple opinions, and not favor one party. After the applicant puts forward his/her opinions at the hearing, representatives from all parties, that is, the stakeholders, will demonstrate whether they agree with the applicant's opinions, so that the decision-maker can make a scientific and reasonable decision. Hearings on land acquisition compensation and resettlement are for the land acquisition department to listen to the opinions of the land-expropriated people on the compensation and resettlement plan, and determine the land acquisition compensation and resettlement plan after considering the opinions of all parties. (6) Submission for approval: The land affairs department of the city or county government shall submit the application to the city or county government for approval. 4. Determine the land acquisition compensation and resettlement plan. Determination and approval authority: municipal and county governments (and report to the provincial government land department for record). During the land acquisition process, it often happens that villagers or village collective economic organizations have objections to the land acquisition compensation standards approved by the government. Villagers or village collective economic organizations have disputes over the land acquisition compensation rates approved by government departments. How should they be resolved? According to our country's legal provisions, villagers or village collective economic organizations can solve the problem according to the following procedures. First, consult with the municipal government or county government. Strive to resolve through negotiation. Secondly, if the matter cannot be resolved through negotiation, you can apply for a ruling from the people's government approving the land acquisition. What needs to be explained here is not the ruling of the city or county government that applied for approval of the compensation and resettlement plan, but the government that approved the land acquisition, that is, the State Council or the autonomous region government. Finally, if you are dissatisfied with the ruling, you can apply for administrative reconsideration or file an administrative lawsuit. 5. Implementation of land acquisition compensation and resettlement plan (1) Organization and implementation agency: land affairs department of governments at or above the county level. (2) Fee payment: Payment shall be made to the land-expropriated units and individuals within 3 months from the date of implementation of the plan. If fees are not paid as required, the land-expropriated units and individuals shall have the right to refuse to hand over the land. 6. Land delivery The land-expropriated units and individuals shall deliver the land within the prescribed time limit. 3. Land acquisition compensation and resettlement (1) Types of land acquisition compensation fees Land acquisition compensation fees include land compensation fees, resettlement subsidies, compensation fees for ground attachments, compensation fees for young crops and other compensation fees 1. Land compensation fees refer to compensation fees due to state expropriation Compensation for landowners for losses resulting from investments and profits made on the land. 2. Resettlement subsidy refers to the subsidy fee given by the state to solve the living difficulties caused by the loss of land to the agricultural population who rely on land as their main means of production and have their source of livelihood after the state expropriates farmers' collective land. 3. Compensation for young crops refers to the compensation for losses caused to crops grown on the expropriated land, such as rice, wheat, corn, vegetables, etc. 4. Compensation fee for ground attachments refers to the demolition and restoration costs of various above-ground buildings and structures on the expropriated land, such as houses, wells, roads, pipelines, water canals, etc., as well as the compensation or felling costs for the trees on the expropriated land. .

5. Other compensation fees refer to other compensation fees besides land compensation fee, resettlement subsidy fee, young crop compensation fee, and ground attachment compensation fee, that is, other compensation fees paid due to other losses caused by land expropriation to farmers. Expenses, such as water conservancy facility restoration costs, lost work costs, relocation costs, infrastructure restoration costs, etc. (2) Land compensation fees for land requisition shall be based on the following standards: (1) For basic farmland, compensation for paddy fields will be ten times the average annual output value of the three years before requisition, and for dry land, compensation will be 10 times the average annual output value of the three years before requisition. Nine times compensation; (2) If cultivated land other than basic farmland is requisitioned, paddy fields will be compensated at nine times the average annual output value of the three years before requisition; dry land will be compensated at seven times the average annual output value of the three years before requisition; (3) If vegetable plots, fish ponds, and lotus root ponds are requisitioned, compensation will be based on eight times the average annual output value of the three years before requisition; (4) For requisitions of shelterbelts and special-purpose forest lands, compensation will be based on the average annual output value of local dry land in the three years prior to requisition. (5) For requisitioned timber forests, economic forests, and firewood forests, if there have been harvests, the compensation will be four to seven times the average annual output value of the three years before the requisition; if there has been no harvest, the compensation will be based on the average annual output value of the three years before the requisition. Compensation will be three to four times the average annual output value of local dry land; (6) For requisition of nurseries and flower beds, compensation will be three to four times the average annual output value of the three years before requisition; (7) For requisition of rotational land and pasture land, compensation Compensation will be based on two to three times the average annual output value of local dry land in the three years before expropriation; (8) For expropriation of unused land such as barren mountains, wasteland, waste ditches, etc., compensation will be based on one to two times the average annual output value of local dry land in the three years before expropriation. times compensation. The above land types are determined based on the survey results of current land use conditions. (3) Resettlement subsidies for land acquisition shall be implemented in accordance with the following standards: 1. The total resettlement subsidies for cultivated land acquisition are: ① If the per capita cultivated land before expropriation exceeds 0.06 hectares, it shall be 5% of the average annual output value of the cultivated land in the three years before acquisition. times; ② If the per capita cultivated land before expropriation exceeds 0.05 hectares and does not exceed 0.06 hectares, it shall be six times the average annual output value of the three years before the expropriation; ③ If the per capita cultivated land exceeds 0.04 hectares and does not exceed 0.05 hectares before expropriation, the expropriated cultivated land shall be Eight times the average annual output value of the previous three years; ④ If the per capita cultivated land before expropriation exceeds 0.03 hectares but does not exceed 0.04 hectares, it shall be ten times the average annual output value of the three years before the expropriation; ⑤ The per capita cultivated land before expropriation exceeds 0.025 hectares but does not exceed 0.03 If the cultivated land per capita exceeds 0.02 hectares and does not exceed 0.025 hectares, it shall be 14 times the average annual output value of the three years before the cultivated land is acquired; ⑦ If the per capita cultivated land before expropriation does not exceed 0.02 hectares, the average annual output value of the cultivated land in the three years before expropriation shall be fifteen times. 2. For the requisition of other agricultural land such as forest land, pasture grassland, breeding water surface, etc., the total resettlement subsidy fee shall be three to five times the average annual output value of the agricultural land in the three years before the requisition. 3. No resettlement subsidy will be paid for the expropriation of barren hills, wasteland, wasteland and other non-profitable land. (4) Compensation fees for young crops and attachments on the expropriated land shall be implemented in accordance with the following regulations: 1. If they are short-term crops, they will be compensated based on the production value; if they are perennial crops, reasonable compensation will be given based on their planting period and growth period; 2. If the conditions for transplanting forest (fruit, bamboo) trees are available, the transplantation shall be organized, and the labor costs for transplantation and loss of seedlings shall be paid. If transplantation is not possible, price compensation shall be provided; 3. Houses and other buildings and structures , the compensation fee will be determined based on the replacement price and combined into a new value. The specific standards shall be stipulated by the people's government of the districted city and county (city). No compensation will be provided for buildings and structures built on illegally occupied land, crops, forests (fruits, bamboos) rushed to be planted after the announcement of land acquisition, and buildings and structures built rushly. 4. Management and use of land acquisition compensation fees Compensation fees for land acquisition include land compensation fees, resettlement subsidies, compensation fees for ground attachments and compensation fees for young crops. Land compensation fees are collectively owned by farmers in rural collective economic organizations and are managed by rural collective economic organizations or village committees. Their use should be discussed and decided by villagers' meetings or villager representative meetings, and are mainly used to develop the collective economy and improve rural production and living conditions. Improve living standards. Such as setting up enterprises, reclaiming cultivated land, land consolidation and improving the quality of cultivated land, as well as building office facilities and public welfare undertakings, etc. All localities may provide corresponding compensation according to the actual local conditions and the input of land users or land contract operators into the land. Resettlement subsidies shall be used for the production and living resettlement of land users or land contract operators whose land has been acquired. The resettlement subsidy shall be paid to the unit that resettles the land contractor or land user whose land has been acquired. If the resettlement is carried out by a rural collective economic organization, the resettlement subsidy shall be uniformly arranged, used and managed by the rural collective economic organization or the village committee; if resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; if the resettlement unit is self-employed or resettled by oneself, the resettlement subsidy shall be paid to the resettlement unit. Payment of resettlement subsidy to resettled individuals. Compensation fees for ground attachments are mainly used for the relocation of above-ground buildings and structures. If the demolition is carried out by oneself, the compensation fee for the above-ground attachments can be paid to the owner of the above-ground attachments; if the demolition or relocation is organized uniformly, the compensation fee for the above-ground attachments can also be paid directly to the unit responsible for the demolition or relocation. Compensation fees for young crops and forest trees shall be paid to the owners of young crops and forest trees.

After land requisition, if the rural collective economic organization whose land was requisitioned is cancelled, the land administration departments of the county and city people's governments, together with the township (town) people's governments, can uniformly manage the land compensation fees, etc., and use them for the original agricultural population of the land-requisitioned unit. Production and living arrangements. The use of land acquisition fees should be announced to all members of the original rural collective organization and subject to supervision. The state has promulgated land acquisition compensation standards. According to Xinhua News Agency on the 12th, in the past, when formulating land acquisition standards, various regions often calculated the annual output value based on the plot of land, and thus determined the annual output value. Multiples, thus causing problems such as different prices for the same land, harming the interests of some landless farmers. In order to protect the legitimate rights and interests of land-expropriated farmers and prevent their original living standards from being reduced, the Ministry of Land and Resources recently issued the "Guiding Opinions on Improving the Land Acquisition Compensation and Resettlement System" to determine the land acquisition compensation standards. Formulating minimum annual output value standards According to this guidance, the provincial land and resources department will work with relevant departments to formulate the minimum unified annual output value standards for farmland in counties (cities) within the province, and submit them to the provincial people's government for approval before being announced and implemented. When formulating unified annual output value standards, factors such as the type and quality of expropriated farmland, farmers’ input into the land, agricultural product prices, and agricultural land grade must be taken into consideration. The two fees*** are calculated as 30 times. The multiple of the unified annual output value of the land compensation fee and resettlement subsidy should be determined within the scope of the law in accordance with the principle of ensuring that the original living standards of the land-expropriated farmers are not reduced; according to the statutory unified annual output value If the land acquisition compensation and resettlement fees calculated as multiples cannot maintain the original living standards of the land-expropriated farmers and are insufficient to cover the social security expenses of landless farmers due to land acquisition, the multiples shall be increased with the approval of the provincial people's government; land compensation fees and resettlement subsidies If the total fee is calculated at 30 times and is not enough to maintain the original living standards of the land-expropriated farmers, the local people's government shall make overall arrangements and allocate a certain proportion of the income from the paid use of state-owned land to provide subsidies. If the occupation of basic farmland is approved in accordance with the law, land acquisition compensation shall be based on the highest compensation standard announced by the local people's government. Comprehensive land prices for areas can be formulated. In areas where conditions permit, the provincial land and resources department can work with relevant departments to formulate comprehensive land prices for expropriated areas in counties (cities) within the province, and submit them to the provincial people's government for approval before they are announced and implemented, and compensation for land acquisition can be implemented. Factors such as land type, output value, land location, agricultural land grade, per capita cultivated land quantity, land supply and demand, local economic development level and urban residents’ minimum living security level should be taken into consideration when formulating regional comprehensive land prices. Mainly used for land-expropriated farmers. According to the principle that land compensation fees are mainly used for land-expropriated farmers, land compensation fees should be reasonably distributed within rural collective economic organizations. Specific allocation methods shall be formulated by the provincial people's government. If all the land is expropriated and the rural collective economic organization is cancelled, all land compensation fees should be used for the production and living resettlement of the land-expropriated farmers. According to the relevant person in charge of the Ministry of Land and Resources, the land market governance and rectification carried out since last year has shown that some places have occupied and abused cultivated land regardless of their own actual conditions, and carried out some low-level duplication of construction projects, causing many farmers to lose their land. . In some places, due to financial constraints, they simply lowered the compensation and resettlement standards, and even defaulted on the compensation and resettlement fees for landless farmers. In the course of regulating and rectifying the land market, the National Government cleared up 14.77 billion yuan in arrears, withholdings, and misappropriations of land acquisition compensation for farmers. Currently, various regions are stepping up efforts to clear debts. A land-using unit gives priority to employing land-expropriated farmers. According to Xinhua News Agency on the 12th, according to the "Guiding Opinions on Improving the Land Acquisition Compensation and Resettlement System" recently issued by the Ministry of Land and Resources, land-using units should give priority to employment of land-expropriated farmers under the same conditions, so that they can long-term livelihood is guaranteed to a certain extent. The guidance clearly stipulates that land-expropriated farmers will be resettled in agricultural production, re-employment, stock dividend resettlement, and resettlement in other places according to different circumstances, thus greatly broadening the resettlement channels. Specifically, the expropriation of farmers' collective land outside the urban planning area should first ensure that the land-expropriated farmers have access to land through the use of rural collective mobile land, contracted land voluntarily returned by contracting farmers, contracted land transfer and newly added cultivated land through land development and consolidation, etc. Cultivate the necessary land and continue to engage in agricultural production. Within urban planning areas, local people's governments should integrate landless farmers due to land acquisition into the urban employment system and establish a social security system. In addition, relevant local governments should actively create conditions to provide free labor skills training to landless farmers and arrange corresponding jobs. Under the same conditions, land-using units should give priority to employing farmers whose land has been expropriated. If the local area is indeed unable to provide basic production and living conditions for farmers who are landless due to land acquisition, the government can organize unified arrangements to implement off-site resettlement on the premise of fully soliciting the opinions of rural collective economic organizations and farmers whose land has been acquired. 2. Protect farmers’ right to know. Parties may apply to hear evidence. The right to know about rural collective economic organizations and farmers whose land has been expropriated. According to this guidance, before land acquisition is submitted for approval in accordance with the law, the local land and resources department should inform the land-expropriated rural collective economic organizations and farmers in writing of the purpose, location, compensation standards, resettlement methods, etc. of the proposed land acquisition. However, after being notified, no compensation will be given to any ground attachments and young crops that the land-expropriated rural collective economic organizations and farmers rush to plant, plant or build on the proposed land.

If a party applies for a hearing, the hearing shall be organized in accordance with the procedures and relevant requirements stipulated in the "Land and Resources Hearing Regulations".