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How to sign a land acquisition and resettlement compensation agreement?
1. The municipal and county land and resources bureaus shall issue a land acquisition notice within the village where the acquired land is located, informing the village collective economic organizations and villagers whose land is acquired: the scope, area, compensation method, and compensation standard of the land acquisition. , resettlement methods and land acquisition purposes, etc. Crops rushed to be planted or rushed to be planted or buildings rushed to be built after the announcement are not included in the scope of compensation. 2. The municipal and county land and resources bureaus, together with the township governments where the land is to be acquired, shall consult the village collective economic organizations and farmers on the content of the land acquisition notice. Any disagreements shall be recorded and handled separately according to the opinions put forward by the village committee or villagers. and coordinate solutions. If the village committee or villagers have objections to the compensation standards, resettlement channels, and compensation methods, the municipal or county land and resources bureau or the township government where the land is expropriated should inform the person whose land was expropriated that they have the right to apply for a hearing, and organize a hearing in accordance with the law. 3. The municipal and county land and resources bureaus, together with the owners and users of the expropriated land, shall conduct an on-site investigation of the four boundaries of the expropriated land, land use, land area, types, quantities and specifications of attachments on the ground, etc., and fill in a survey form on-site. It must be made in triplicate and signed by the staff of the Bureau of Land and Resources and the owner and use right holder after confirmation. 4. The land-expropriated rural collective economic organization or village committee shall make a resolution on the main content of the agreement in accordance with the procedures of the villagers' assembly or villagers' representative assembly and other democratic procedures. If the village committee is the subject of expropriation, after signing the agreement, the rural collective economic organization or village committee shall publicize the land acquisition compensation and resettlement agreement to the rural villagers. Clearly identify both parties to the agreement and the authorized agent. With the approval of the Fujian Provincial People's Government, due to the needs of the reconstruction of the southern area of ??Quanzhou Bridge and the overpass construction project, in accordance with the "Land Management Law of the People's Republic of China", "Regulations on the Implementation of the Land Management Law of the People's Republic of China", " Fujian Province implements the provisions of the "Land Management Law of the People's Republic of China" and relevant laws, regulations and policies. Party A and Party B shall follow the "Implementation Plan for Land Acquisition, Demolition, Compensation and Resettlement for Quanzhou Bridge South Area Renovation and Overpass Construction Project" (hereinafter (referred to as the "Compensation Plan"), on the basis of equality, voluntariness and consensus through consultation, the following agreement has been reached on the resettlement of Party B's house relocation compensation (including land compensation): Article 1 The situation of Party B's relocated houses and attachments shall be based on the property rights provided by Party B Documentary materials, combined with relevant laws, regulations and the standards determined in the "Compensation Plan", have been checked by Party A and Party B, and the situation of Party B's house and attachments has been confirmed as follows: (1) The location of the house: (2) The property rights of the house are owned (* **have). (3) Housing use: residential, storefront, and industrial housing. (4) The total number of floors of the house (the number of floors where the house is located is the first floor) (5) Appurtenances of the house: (see Appendix 1 for details). (6) Whether there is a mortgage on the relocated house. The relocated house has been mortgaged. The current house owner and the mortgagee shall handle the mortgage rights of the house in the following manner: (7) Others: Article 2 Compensation and resettlement method for house relocation: Party B voluntarily chooses the following compensation and resettlement method. 1. Monetary compensation. 2. Property rights exchange. 3. Combination of monetary compensation and property rights exchange. Party B can choose property rights exchange, monetary compensation, or a combination of the two methods. Once the compensation method chosen by Party B is determined, it cannot be changed at will. For the part where Party B chooses to exchange property rights, Party A will provide resettlement housing; Shuangwan signs a "Letter of Intent on Property Rights Exchange" regarding the type, number, area and other related matters of the proposed house to be exchanged. According to the "Residence Situation and Compensation Determination Form in the Quanzhou Bridge South Area Renovation and Overpass Construction Project (Land Acquisition) Demolition Area" signed and confirmed by both parties, "Quanzhou Bridge South Area Renovation and Overpass Construction Project (Land Acquisition) Demolition Area Store Situation and Compensation Determination Form" The compensation resettlement area recognized by the Table" and the "Industrial Housing Situation and Compensation Determination Form in the Quanzhou Bridge South Area Renovation and Overpass Construction Project (Land Acquisition) Demolition Area" (Appendix 2), among which Party B voluntarily chooses square meters of residence for property rights exchange , the property rights of square meters of stores will be exchanged, and the property rights of square meters of industrial buildings will be exchanged (relocation in other places). Article 3 Both parties agree to choose one of the following methods to determine the amount of monetary compensation for the relocated house: Method 1: After full negotiation between the parties, Shuangwan voluntarily determines the amount of monetary compensation for the relocated house according to the standards listed in the "Compensation Plan" and its appendix. The compensation amount for houses is as follows: (1) Residence. According to the "Residential Situation and Compensation Determination Form in the Quanzhou Bridge South Area Renovation and Overpass Construction Project (Land Acquisition) Demolition Area" (Appendix 2) signed and confirmed by both parties l. The legal building area is square meters, and the compensation amount is subtotaled in Yuan. 2. Illegal and illegal parts, including: (1) The construction area of ??the part with incomplete procedures is square meters, and the compensation amount is subtotaled in Yuan; (2) The construction area of ??the part without formalities is square meters, and the compensation amount is subtotaled in Yuan. 3. For residential land approved by the competent authority but without infrastructure construction, the land area is acres (square meters), and the compensation amount is subtotaled in Yuan. The total compensation amount for the above three items 1, 2 and 3 is RMB. (2) Storefront. According to the "Store Situation and Compensation Determination Form in the Quanzhou Bridge South Area Renovation and Overpass Construction Project (Land Acquisition) Demolition Area" signed and confirmed by both parties (Appendix 2) 1. The legal building area is square meters, and the compensation amount is subtotaled in Yuan; 2. Illegal construction The area is square meters, and the compensation amount is subtotaled in Yuan; the total compensation amount for the above two items 1 and 2 is Yuan. (3) Industrial buildings.
According to the "Industrial Housing Situation and Compensation Determination Form in the Quanzhou Bridge South Area Renovation and Overpass Construction Project (Land Acquisition) and Demolition Area" (Appendix 2) signed and confirmed by both parties: 1. The approved legal use land area (square meters), deduction After the land fee of RMB is not paid, the compensation amount is sub-totaled to RMB. 2. The area of ??unapproved land is acres (square meters), and the compensation amount is subtotaled in Yuan. 3. The legal construction area is square meters, and the compensation amount is subtotaled in Yuan. 4. For square meters of floor area of ??illegal infrastructure construction using unauthorized land, the compensation amount will be sub-totaled in Yuan. 5. If the land has been approved but the illegal infrastructure construction has not been approved by the planning and construction department, the construction area of ??the building will be square meters, and the compensation amount will be sub-totaled in Yuan. 6. For the square meters of building area in the super-height part, the compensation amount is subtotaled in Yuan. The above 1-6 items total the relocation compensation amount of industrial buildings in Yuan. Second type: Both parties to the agreement negotiate to determine the compensation amount for the house based on the "Real Estate Appraisal Report" issued by the (real estate price evaluation agency) that simultaneously evaluates the market price of the house and the market price of the resettlement house. The details (including house decoration compensation and land use rights compensation) are as follows: (1) Residential compensation amount RMB (including legal building area square meters); (2) Store compensation amount RMB (including legal building area square meters); (3) Industrial Compensation amount for house use is RMB (including square meters of legal construction area). Special instructions: 1. The above compensation amount includes the decoration compensation amount. 2. The compensation amount for residential stores includes land use compensation. Article 4 Compensation Amount for House Attachments Projects: The house attachments project will be compensated in monetary terms, and no property rights will be exchanged. According to the "House Attachments Registration Form" signed and confirmed by both parties, the compensation amount for Party B's house attachments will be sub-totaled in Yuan (see Appendix 1 for details). ). Article 5 The amount of compensation for expropriated land shall be determined according to the following standards: 1. For acres of land that has not been approved for construction (regardless of the original land type of the expropriated land), compensation will be given at 46,300 yuan/mu (including land compensation fees, resettlement subsidies, Compensation fee for ground attachments), subtotal Yuan. 2. For the acquisition of acres of non-construction land (regardless of the type of land acquired), compensation will be 46,300 yuan/mu (including land compensation, resettlement subsidies, compensation for ground attachments and young crops), subtotaling yuan. 3. The compensation amount for fruit trees is Yuan, including: tree species, plant, compensation unit price Yuan/tree, subtotal Yuan tree species, plant, compensation unit price Yuan/tree, subtotal Yuan tree species, plant, compensation unit price Yuan/tree, subtotal Yuan tree species, tree, the compensation unit price is RMB/tree, the subtotal is RMB yuan. Article 6 Compensation fee for suspension of production and business suspension when relocating non-residential houses 1. Compensation fee for suspension of production and business suspension of the store: Based on the recognized store area square meters, calculated at 30 yuan/square meter per month, Party A will give Party B a one-time payment of 6 months. Compensation fee, subtotal yuan. 2. Compensation fee for suspension of production and business of industrial buildings: Based on the recognized area of ??square meters of industrial buildings, calculated at 12 yuan/square meter per month, Party A will give Party B a one-time compensation of 6 months, subtotaling yuan. 3. If the non-residential house is moved to a rental house, Party A will give Party B a one-time 3-month rental compensation based on the rent standard on the property rental tax certificate at the time of relocation, totaling RMB. The lease relationship will be negotiated by Party B and the lessee. solve. The amount of economic compensation for the suspension of production and business of the above-mentioned non-residential houses of Party B shall be calculated in *** yuan. Article 7 House relocation subsidy (1) Party A will pay Party B a one-time relocation subsidy based on the recognized compensation and resettlement area according to the standards of the "Compensation Plan" for the part of Party B that chooses monetary compensation. The specific area and compensation amount are as follows: 1 , Residential area square meters, calculated as 4 yuan/square meter times times one time, subtotal yuan; 2. Store area square meters, calculated as 6 yuan/square meters times times one time, subtotal yuan; 3. Industrial The square meter of room area is calculated as 5 yuan/square meter times times once, and the subtotal is yuan; 4. Large mechanical equipment units are calculated as yuan/unit, and the subtotal is yuan. (2) Party A will pay Party B a one-time relocation subsidy based on the recognized compensation and resettlement area for the part of the property rights exchange that Party B chooses to exchange according to the standards of the "Compensation Plan". The specific area and compensation amount are as follows: 1. Residential area in square meters, based on 4 Yuan/square meter. Times multiplied by two times to calculate, subtotal Yuan; 2. Store area square meters, calculated based on 6 Yuan/square meter. times multiplied twice, subtotal Yuan; 3. Industrial building area square meters , calculated as 5 yuan/square meter times times one time, subtotal Yuan; 4. Large mechanical equipment units, calculated as Yuan/unit, subtotal Yuan. The amount of the relocation subsidy for the above two items (1) and (2) is in *** yuan. Article 8 Party A’s preferential and incentive measures Based on Party B’s cooperation with Party A’s house relocation and the provisions of the preferential and incentive measures in the “Compensation Plan” and based on the identified compensation and resettlement area, Party A will grant Party B the following preferential and incentive measures: ( 1) If Party B agrees to compensate according to the price listed in the appendix of the "Compensation Plan", move and vacate on schedule and sign an agreement, for the part that chooses to exchange property rights: 1. The price difference reduction rate for private residences confirmed by Party A and Party B is %, and the reduction base is based on According to the relevant provisions of the "Compensation Plan", the price difference that should be paid after the house is selected will be calculated separately when signing the relocation and resettlement agreement. 2. The discount rate for the store price difference confirmed by Party A and Party B is %. The base amount of the reduction is calculated according to the relevant provisions of the "Compensation Plan". After the house is selected, the price difference to be paid will be calculated separately when signing the relocation and resettlement agreement. 3. The area of ??industrial buildings in square meters will be rewarded on the basis of yuan/square meter, with a subtotal of yuan.
(2) If Party B agrees to compensate according to the price listed in the appendix of the "Compensation Plan", move and vacate on schedule and sign an agreement, the part that chooses monetary compensation: 1. Private residential area square meters, rewarded in yuan/square meter, subtotal yuan . 2. The store will be rewarded based on % of the compensation amount Yuan, subtotaling Yuan. 3. The area of ??industrial buildings in square meters will be rewarded on the basis of yuan/square meter, with a subtotal of yuan. The total reward amount for the above two items (1) and (2) is RMB. Article 9 The total amount of the demolition compensation costs and the settlement method (1) The total amount of the demolition compensation costs for the property rights exchange part chosen by Party B is RMB 1,000,000,000,000,000 RMB. (2) The total amount of the demolition compensation cost selected by Party B as monetary compensation is RMB 1,000,000,000,000,000 RMB. (3) Both parties agree to make settlement according to the following method: 1. Party B all chooses to exchange property rights. After the signing of this agreement, the demolition compensation fee will not be released to Party B temporarily. When Party B chooses a house and signs a demolition and resettlement agreement, To settle the price difference, more or less will be paid. 2. Party B all chooses monetary compensation. After signing this agreement, Party B will provide relevant materials to cooperate with the payment procedures, and Party A will make a one-time payment within one week. 3. If Party B chooses a combination of monetary compensation and property rights exchange, the settlement will be based on the compensation amount determined by both parties for the monetary compensation portion Party B chooses, and the remaining portion after deducting the price difference for the property rights exchange portion Party B chooses will be settled. Any excess will be paid. The part that Party A should pay to Party B will be paid in one lump sum within one week after signing this agreement and Party B provides relevant materials and cooperates with the issuance procedures; the part that Party B should pay to Party A will be paid after Party B selects a house and signs the resettlement agreement. A one-time payment is required when signing the resettlement agreement. Article 10 If Party B chooses to exchange the property rights of the relocated residence, the relevant agreement on the temporary resettlement subsidy will be agreed upon. After full negotiation, both parties voluntarily choose the following method to issue the temporary resettlement subsidy and assume relevant responsibilities. (1) Self-transition. 1. Payment standard: The recognized square meter of residential compensation and resettlement area is priced at 5 yuan/square meter per month, subtotaling to yuan/month. 2. Disbursement time: calculated from the date when the house is moved and vacated and passed the acceptance inspection (i.e., January 20, 2000), and will be distributed quarterly until Party A notifies Party B in writing of resettlement. If Party B goes through the household resettlement procedures as required by Party A within 15 days after Party A sends a written notice of house selection, Party B will be given another three months of temporary resettlement subsidies according to the standard; if Party B fails to go through the household resettlement procedures as required, From the second month after Party A issues the housing selection notice, Party A will no longer pay Party B the resettlement subsidy. 3. Liability for breach of contract. If the transition period exceeds 36 months due to Party A's contribution, Party A shall pay double the temporary resettlement subsidy to Party B every month from the month overdue. If Party B fails to complete the household resettlement procedures as required due to Party B's responsibility, Party A will no longer pay the resettlement subsidy to Party B starting from the second month after issuing the housing selection notice. (2) Party B uses temporary transitional housing provided by Party A. 1. Party B shall sign a separate agreement with Party A on the management and use of the turnover room. The rent of the turnover house used by Party B shall be deducted from the temporary resettlement subsidy. 2. Liability for breach of contract. If the transition period exceeds 36 months due to Party A's responsibility, Party B does not need to pay rent for the use of the turnover house from the month of the overdue period, and Party A shall pay Party B temporary resettlement subsidies according to the standard. If Party B fails to complete the resettlement procedures as required due to Party B's responsibility, Party B shall pay the market rent of the turnover house to Party A on a monthly basis starting from the month overdue. Article 11 House relocation and vacating time Party B has vacated the house on the year, month, and has been inspected and accepted by Party A, and has been handed over to Party A for demolition. Article 12 Agreement on house relocation and vacating 1. Party B may move back the house privately and dismantle the house attachments, doors, windows, water and electricity equipment, etc. privately only after it has been inspected and accepted by Party A and delivered to Party A for demolition; otherwise, Party A has the right to cancel the rewards and benefits enjoyed by Party B; if Party A suffers any losses, they can be directly deducted from the demolition compensation costs. 2. Party B is responsible for paying the water, electricity, property management fees, telecommunications, radio and television and other related expenses of the relocated house and has nothing to do with Party A. Article 13 Party B shall issue a separate "receipt receipt" for the relevant property rights documents and other relevant certification materials provided by Party B to Party A for the relocated house. Article 14 Party B’s commitment to guarantee the authenticity of relevant certification materials for the relocated house. Party B hereby promises to guarantee that: all property rights documents and other relevant certification materials provided to Party A for the relocated house are objective and true. Otherwise, Party B is willing to bear all legal responsibilities. If disputes arise about the relocated house due to transfer, inheritance, division (property division), mortgage, etc., Party B will voluntarily bear all legal liabilities arising therefrom. Article 15 Liability for breach of contract (1) If the monetary compensation is not paid in full to Party B on time due to reasons caused by Party A, Party A shall bear the civil liability for overdue payment and pay liquidated damages equal to one ten thousandth of the total amount payable per day. . (2) If Party B fails to pay the price difference of the resettlement house to Party A on time, Party A has the right to postpone the delivery of the resettlement house to Party B and stop paying the temporary resettlement subsidy to Party B who arranges the transition of residence by himself. Article 16 Dispute Handling If any dispute arises between the two parties due to the performance of this Agreement, they shall resolve it through negotiation; if negotiation fails, Any Ten Thousand shall have the right to file a lawsuit in a people's court with jurisdiction. Article 17 The parties to the agreement shall make clear choices for all optional clauses in this agreement.
This agreement shall come into effect from the date of signature and seal by Party A and Party B or their authorized representatives. Both parties shall abide by it. If one party breaches the contract and causes losses to the other party, it shall be liable for compensation. Article 18 This agreement is made in four copies, with Party A holding three copies and Party B holding one copy. Backups have the same legal effect. Article 19 Matters not covered in this agreement shall be governed by the relevant provisions of the "Compensation Plan". If the "Compensation Plan" does not provide for it, Party A and Party B will sign a supplementary agreement after separate negotiation. The supplementary agreement will have the same legal effect as this agreement. Article 20 The attachments to this agreement have the same legal effect as this agreement. In this Agreement and its attachments, the text filled in the blanks shall have the same effect as the printed text.
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