Measures of Chongqing Municipality on Compensation and Resettlement of Collective Land Expropriation (revised in 2022)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with 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 relevant laws and regulations in order to standardize the compensation and resettlement work for the expropriation of land collectively owned by farmers in this Municipality (hereinafter referred to as collective land) and safeguard the legitimate rights and interests of the owners and users of the expropriated land. Article 2 These Measures shall apply to the compensation, personnel placement and housing placement for expropriation of collective land within the administrative area of this Municipality. Article 3 Fair and reasonable compensation shall be given for land expropriation, and land-expropriated farmers shall be properly placed to protect their legitimate property rights and interests and their right to subsistence. Article 4 The people's governments of counties (autonomous counties) shall be responsible for organizing the implementation of compensation and resettlement for collective land expropriation within their respective administrative areas. County (Autonomous County) land acquisition implementation agencies undertake the specific implementation of collective land expropriation compensation and resettlement work within their respective administrative areas, and accept the management and supervision of the county (Autonomous County) planning natural resources department.

Counties (autonomous counties) planning natural resources, human resources and social security, public security, agriculture and rural areas, finance, housing and urban construction, civil affairs and other departments, in accordance with their respective responsibilities to do a good job in collective land acquisition compensation and resettlement related work.

Township People's governments (street offices) shall, in accordance with the requirements of the people's governments of counties (autonomous counties), do a good job in the relevant work of collective land expropriation compensation and resettlement within their respective jurisdictions. Fifth city planning resources, human resources and social security, public security, agriculture and rural areas, finance, housing and urban and rural construction, civil affairs and other departments in accordance with their respective responsibilities, supervision, coordination and guidance of collective land expropriation compensation and resettlement related work.

The land acquisition agencies affiliated to the municipal planning and natural resources department undertake the relevant transactional work of collective land expropriation compensation and resettlement in this Municipality. Chapter II Compensation for Land Expropriation Article 6 Land compensation fees, resettlement subsidies and compensation fees for rural houses, other ground attachments and young crops shall be paid in full and on time according to law. Article 7 The land compensation fee and resettlement subsidy standard for requisition of agricultural land shall be implemented according to the comprehensive land price of each district formulated and published by the Municipal People's Government. In the comprehensive land price of the area, the land compensation fee accounts for 30% and the resettlement fee accounts for 70%.

Compensation standards for requisitioned construction land and unused land shall be formulated separately by the Municipal People's Government. Article 8 In the case of requisitioning household contracted land, 80% of the land compensation fee shall be distributed to contracted business households by rural collective economic organizations according to the area of the requisitioned land, and 20% of the land compensation fee shall be managed and used by rural collective economic organizations according to law; If the land is not contracted or contracted by other means, the land compensation fee shall be managed and used by the rural collective economic organizations according to law.

Resettlement subsidies shall be paid to resettlement objects and rural collective economic organizations according to regulations. Ninth rural housing is based on the legal construction area recorded in the real estate ownership certificate, and compensation is made according to the replacement price standard. Tenth the term "other ground attachments" as mentioned in these Measures refers to buildings, structures, trees and other cash crops outside houses; Young crops refer to crops that grow on the land. Measures and standards for compensation shall be formulated separately by the Municipal People's Government.

The compensation standards for forest trees and attachments requisitioned from forest land shall be implemented in accordance with the relevant provisions of the state and this Municipality on requisitioning forest land. Eleventh any of the following circumstances, no compensation:

(a) illegal building (structure);

(two) young crops, flowers, trees and other attachments planted after the people's government of the county (autonomous county) issued the pre-announcement of land acquisition;

(3) Other circumstances that excessively increase the compensation expenses. Article 12 Those who hold legal licenses and engage in production and business activities on the day when the pre-announcement of land acquisition is issued shall comprehensively consider the factors such as the production and business operation period, scale, category, relocation loss, relocation difficulty and so on, and give the producers and operators a one-time relocation subsidy. Specific standards shall be formulated by the people's governments of counties (autonomous counties). Chapter III Personnel Placement Article 13 The objects of personnel placement as mentioned in these Measures are generated from the personnel included in the total population of rural collective economic organizations whose land has been expropriated on the date of pre-announcement.

The following persons are included in the total population of rural collective economic organizations whose land has been expropriated:

(a) the household registration in the rural collective economic organization where the land is expropriated, and the personnel who have obtained the contracted management right of the rural collective economic organization;

(2) Persons who have registered their household registration at the location of the rural collective economic organization whose land has been expropriated due to maternity or policy migration, and enjoy the right to contracted land management of the rural collective economic organization according to law;

(3) Persons who have moved their household registration from other rural collective economic organizations due to legal adoption, marriage, etc. and have worked and lived in the land-expropriated rural collective economic organizations for a long time, and enjoy the land contractual management right of the land-expropriated rural collective economic organizations according to law;

(four) college students, active duty noncommissioned officers and conscripts, orphans of children's welfare institutions, and prisoners who have the right to contracted land management of rural collective economic organizations according to law;

(five) in accordance with the relevant provisions of the reform of the urban and rural household registration system in this Municipality, the personnel who retain the right to compensation and resettlement for land acquisition;

(6) For other reasons, the registered permanent residence has moved out of the rural collective economic organization whose land has been expropriated and settled in the city, but has worked and lived in the rural collective economic organization whose land has been expropriated for a long time, and has obtained the land contractual management right of the rural collective economic organization.