Compensation standard of expressway land occupation in Chengde City, Hebei Province

Guiding opinions on perfecting the compensation and resettlement system for land acquisition

National machinery network (date: 2004-11-2414: 41)

In order to implement the Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2004] No.28), consolidate the achievements of land market regulation, and further strengthen and improve the compensation and resettlement for land acquisition, our department has studied and formulated the Guiding Opinions on Improving the Compensation and Resettlement System for Land Acquisition. Is issued to you, please implement.

Press release issued on November 3, 2004

Guiding opinions on perfecting the compensation and resettlement system for land acquisition

In order to make rational use of land, protect the legitimate rights and interests of land-expropriated farmers and maintain social stability, according to the relevant provisions of the law and the spirit of the State Council's Decision on Deepening Reform and Strict Land Management (Guo Fa [2004] No.28, hereinafter referred to as the "Decision"), we hereby put forward the following opinions on improving the land acquisition compensation and resettlement system:

I. Compensation standard for land acquisition

(1) Unified formulation of annual output value standards. The Provincial Department of Land and Resources shall, jointly with relevant departments, formulate the minimum unified annual output value standard of cultivated land in counties (cities) throughout the province, which shall be promulgated and implemented after being approved by the provincial people's government. To formulate a unified annual output value standard, we can consider the types and quality of expropriated cultivated land, farmers' investment in land, agricultural product prices, agricultural land grades and other factors.

(2) Determination of multiple of 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.

(3) Formulation of comprehensive land price for land requisition. Conditional areas, the Provincial Department of Land and Resources can, jointly with relevant departments, formulate comprehensive land prices of counties (cities) in the whole province, which will be promulgated and implemented after being approved by the provincial people's government, and the compensation for land acquisition will be implemented. The formulation of comprehensive land price should consider 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 minimum living security level for urban residents.

(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.

Two, about the resettlement of landless farmers

(5) Agricultural production placement. To expropriate farmers' collective land outside the urban planning area, we should first make use of rural collective floating land, contracted land voluntarily returned by farmers, contracted land circulation and land development and consolidation to increase cultivated land, so that landless farmers can cultivate land and continue to engage in agricultural production.

(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.

(7) allotment of shares. For the project land with long-term stable income, on the premise of farmers' voluntary, the rural collective economic organizations whose land has been expropriated may, after consultation with the land-using units, take shares in compensation for land acquisition and resettlement fees, or take shares in the approved land use right of construction land. Rural collective economic organizations and farmers get benefits in the form of preferred shares through contracts.

(8) Resettlement of immigrants from different places. If the local land is really unable to provide basic production and living conditions for the landless farmers, the government can organize the implementation of resettlement in different places on the premise of fully soliciting the opinions of the landless rural collective economic organizations and farmers.

Three. Land requisition procedure

(nine) inform the land acquisition. Before the land acquisition is submitted for approval according to law, the local land and resources department shall inform the rural collective economic organizations and farmers who have been expropriated in writing of the purpose, location, compensation standard and resettlement method of land acquisition. After being informed, all the land-expropriated rural collective economic organizations and farmers planted, planted and built the ground attachments and young crops on the expropriated land without compensation.

(ten) to confirm the results of land acquisition survey. The local land and resources department shall investigate the ownership, type and area of the land to be requisitioned and the ownership, type and quantity of the ground attachments, and the investigation results shall be confirmed with the rural collective economic organizations, farmers and the owners of the ground attachments.

(eleven) the organization of land acquisition hearing. Before the land requisition is submitted for approval according to law, the local land and resources department shall inform the rural collective economic organizations and farmers that they have the right to apply for a hearing on the compensation standards and resettlement methods of the expropriated land. If a party applies for a hearing, it shall organize a hearing in accordance with the procedures and relevant requirements stipulated in the Provisions on Hearing of Land and Resources.

Four, on the implementation of land acquisition supervision

(twelve) the examination and approval of public land requisition. Except for special circumstances such as state secrecy regulations, the Ministry of Land and Resources and the provincial land and resources departments publicize the approval of land acquisition to the public through the media. The land and resources department of the county (city) shall, in accordance with the provisions of the Measures for the Announcement of Land Acquisition, announce the approval of land acquisition in the village and group where the land is expropriated.

(thirteen) to pay compensation and resettlement fees for land acquisition. After the compensation and resettlement plan for land acquisition is approved by the people's government of the city or county, the compensation and resettlement expenses for land acquisition shall be allocated to the rural collective economic organizations whose land has been expropriated within the time limit prescribed by law. Local land and resources departments should cooperate with agriculture, civil affairs and other relevant departments to supervise the distribution and use of compensation and resettlement fees for land expropriation within collective economic organizations with expropriated land.

(fourteen) supervision and inspection after land acquisition. Land and resources departments at all levels should supervise and inspect the implementation of the land acquisition plan approved according to law. If the original living standard of the landless peasants does decline due to land acquisition, the local land and resources departments should actively cooperate with the relevant government departments to take effective measures to solve the production and life of the landless peasants through multiple channels and maintain social stability.