Does anyone know the specific content of Huaizhengfa No. 200657 document? I am from Huaian, thank you.

Huaian City’s Implementation Rules for Land Acquisition Compensation and Basic Living Security for Landless Farmers

Huaizhengfa No. 200657

Chapter 1 General Provisions

Article 1 In order to protect the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, ensure the basic living standards of land-expropriated farmers, and strengthen the management of land-expropriated compensation and basic living security and resettlement work, in accordance with the Jiangsu Province Land Expropriation Compensation and Basic Living Standards of Land-expropriated Farmers, "Guarantee Measures" (Jiangsu Provincial People's Government Order No. 26) and other laws, regulations and rules, and combined with the actual situation of this city, these detailed rules are formulated.

Article 2 The term “land expropriation compensation and basic living security for land-expropriated farmers” as mentioned in these rules refers to the state’s compensation for land-expropriated farmers and rural collective economic organizations in accordance with the law after expropriating farmers’ collective land, and the establishment of a The basic living security system for land-expropriated farmers guarantees the basic living standards of land-expropriated farmers.

The term “land-expropriated farmers” as mentioned in these detailed rules refers to the people who need to be resettled among the members of the collective economic organization after the land collectively owned by farmers is expropriated in accordance with the law.

Article 3 These detailed rules shall apply to land acquisition compensation within the administrative area of ??this city. When the land collectively owned by farmers within the urban and county planning areas is expropriated, the basic living security for the land-expropriated farmers shall be established in accordance with these detailed rules; when the land collectively owned by farmers outside the urban and county planning areas is expropriated, the land-expropriated farmers may be established in accordance with these detailed rules. Basic living security.

If the compensation standards and resettlement measures for land acquisition for the construction of large and medium-sized water conservancy and hydropower projects are separately stipulated by the State Council, those regulations shall prevail.

In the urban planning areas of cities and counties, village groups with per capita cultivated land of less than 0.1 acres before the implementation of these rules will be revoked with legal approval and the original rural residents will be converted into urban residents and included in the urban social security system in accordance with regulations. , the relevant provisions on basic living security for land-expropriated farmers in these detailed rules do not apply.

Chapter 2 Compensation for Land Acquisition

Article 4: Land collectively owned by farmers is expropriated in accordance with the law, and compensation will be provided according to the standards stipulated in these detailed rules.

Land acquisition compensation and resettlement costs include land compensation, resettlement subsidies, compensation for ground attachments and young crops.

Article 5 The average annual output value of cultivated land in urban areas (Qingpu District, Qinghe District, Huai'an Economic Development Zone) and counties (districts) (each county and Huaiyin District and Chuzhou District) in the three years before expropriation Follow Schedule 1.

Article 6 Land compensation shall be implemented in accordance with the following provisions:

1. If cultivated land is expropriated, it shall be calculated as 10 times the average annual output value of the cultivated land in the three years before it was expropriated.

2． For the expropriation of intensive fish ponds (including special breeding), urban areas will be calculated based on 12 times the average annual output value of the adjacent cultivated land in the previous three years; counties (districts) will be calculated based on 10 times the average annual output value of the adjacent cultivated land in the previous three years. For other aquaculture water surfaces, the urban area shall be calculated based on 8 times the average annual output value of the adjacent cultivated land in the previous three years, and the counties (districts) shall be calculated based on the calculation based on 6 times the average annual output value of the adjacent cultivated land in the previous three years.

3． For expropriation of orchards or other economic forest land, urban areas and counties (districts) will calculate the requisition based on 12 times the average annual output value of the adjacent cultivated land in the previous three years.

4. For expropriation of other agricultural land, urban areas will be calculated based on 9 times the average annual output value of the adjacent cultivated land in the previous three years; counties (districts) will be calculated based on 7 times the average annual output value of the adjacent cultivated land in the previous three years.

5. For expropriation of unused land, urban areas will be calculated based on 5 times the average annual output value of the adjacent cultivated land in the previous 3 years; counties (districts) will be calculated based on 4 times the average annual output value of the adjacent cultivated land in the previous 3 years.

6. When expropriating non-agricultural construction land collectively owned by farmers, urban areas will be calculated based on 8 times the average annual output value of the adjacent cultivated land in the previous three years; counties (districts) will be calculated based on 6 times the average annual output value of the adjacent cultivated land in the previous three years.

Article 7 Resettlement subsidies shall be implemented in accordance with the following provisions:

1. Resettlement subsidies for land acquisition shall be calculated according to the number of land-expropriated farmers who need to be resettled. The resettlement subsidy standard for each land-expropriated farmer who needs to be resettled is 13,000 yuan for urban areas and 11,000 yuan for counties (districts).

When cultivated land is expropriated, the number of land-expropriated farmers who need to be resettled shall be calculated based on the amount of expropriated cultivated land divided by the per capita amount of cultivated land of the land-expropriated unit before land acquisition. If it is less than 1 person, it shall be calculated as 1 person.

When expropriating agricultural land other than cultivated land, the number of land-expropriated farmers who need to be resettled shall be calculated based on 70% of the total land compensation fee for the agricultural land divided by the local per capita resettlement subsidy. If it is less than 1 person, it shall be calculated as 1 person. calculate. The local per capita resettlement subsidy is 13,000 yuan in urban areas and 11,000 yuan in counties (districts).

The amount of cultivated land per capita before land acquisition is calculated in units of mu/person, and is rounded to 2 decimal places. However, if the amount of cultivated land per capita before land acquisition is less than 0.1 mu, it is calculated as 0.1 mu.

If the per capita cultivated land before land acquisition is more than 1 mu, the number of land-expropriated farmers who need to be resettled will be calculated as one person per mu.

The land-expropriated farmers who have been resettled before will no longer be included in the calculation of the per capita cultivated land before land acquisition, and will no longer be included in the calculation of the number of land-expropriated farmers.

2． For expropriation of unused land and non-agricultural construction land collectively owned by farmers, no resettlement subsidy will be paid.

Article 8 Compensation fees for young crops and ground attachments shall be implemented in accordance with the following regulations:

1. Compensation fees for young crops are generally calculated based on the output value of crops in one season. Those that can be harvested as scheduled will not be compensated. . See Appendix 2 for specific compensation standards.

2． For seedlings, flowers and perennial economic trees that can be transplanted, transplantation fees will be paid; for those that cannot be transplanted, reasonable compensation will be given. The specific compensation standards are shown in Appendix 3, Appendix 4 and Appendix 5; the compensation fees for other ground attachments are shown in Appendix 6.

3． For attachments such as farmland water conservancy project facilities, artificial breeding farms, electricity, broadcasting and communication facilities, relocation fees or compensation fees shall be paid in accordance with the principle of equivalent substitution.

4. Compensation and resettlement for the demolition of houses and other buildings (structures) on collective land within the planned built-up areas of cities and counties shall be implemented in accordance with relevant city and county (district) documents. The compensation for the demolition of houses and other buildings (structures) on collective land in other areas will be determined based on the replacement price. See Appendix 7 for details.

5. No compensation will be provided for green crops and other attachments, houses and other buildings (structures) erected after the land acquisition scope has been determined, the land acquisition survey notice has been announced, and the land acquisition survey registration has begun, and they must be cleared by the owner.

Article 9 The people's governments of each county (district) and the Huai'an Economic Development Zone Management Committee shall organize townships, sub-district offices and relevant departments to cooperate with the land and resources department in establishing a land area database for rural collective economic organizations; cooperate with the public security department Establish a database of members of rural collective economic organizations and household registration management. The funds required to establish the database shall be settled by the finance department at the same level. Specific methods for establishing the database shall be formulated by the people's governments of each county (district) and the Huai'an Economic Development Zone Management Committee and reported to the municipal government for filing.

For village groups with less than 0.1 acres of cultivated land per capita, the people's governments of each county (district) and the Huai'an Economic Development Zone Management Committee should promptly report to the municipal government for approval and go through the procedures for canceling the formation of villagers' groups.

Article 10 If the land of a state-owned farm is occupied for construction, compensation shall be given to the state-owned farm according to the compensation standards for the corresponding land types in these detailed rules.

If the land occupied by the construction company is returned to state-owned land after the organization is disbanded and transferred to households, compensation will be given according to the compensation standards for the corresponding land types in these rules. The per capita cultivated land before land acquisition is calculated as 0.1 mu.

Chapter 3 Basic Living Security

Article 11 Compensation for land expropriation and basic living security for land-expropriated farmers shall be the unified responsibility of the municipal and county (district) people's governments. The land and resources department is specifically responsible for land acquisition compensation and the payment of land acquisition compensation and resettlement costs; the labor and social security department is specifically responsible for the issuance and management of basic living security funds for land-expropriated farmers. The specific work is handled by the agricultural insurance handling agencies of the labor and social security departments at all levels. processing; the financial department is specifically responsible for the management of the basic living security funds for land-expropriated farmers; the audit department strengthens the audit supervision of land-expropriated compensation funds and the basic living security funds for land-expropriated farmers in accordance with the law; supervision, public security and other departments, in accordance with their respective responsibilities, work together Good related work.

Article 12 The sources of basic living security funds for land-expropriated farmers include:

1.70 land compensation fee for agricultural land and all resettlement subsidies;

2. The portion extracted by the government from land transfer fees and other paid land use income;

3. Interest on basic living security funds for landless farmers and their value-added income;

4. Other funds that can be used to provide basic living security for landless farmers.

City, county (district) people's governments should withdraw a certain amount of funds from land transfer fees and other paid land use income into the basic living security fund account for landless farmers. The amount withdrawn is calculated based on the newly acquired land area, which is 9,000 yuan per mu in urban areas and 8,000 yuan per mu in counties (districts).

The method for withdrawing funds in urban areas shall be formulated separately by the municipal finance department in conjunction with the land and resources department, and shall be implemented after approval by the municipal government.

If the basic living security funds are insufficient to pay, the financial department at the same level will be responsible for solving the problem.

Article 13 The special fund account for basic living security for land-expropriated farmers consists of individual accounts and social pooling accounts for basic living security for land-expropriated farmers.

The resettlement subsidy and land compensation of 70% of the agricultural land will be entered into the personal account. If a person receiving basic living security dies, the principal and interest balance in his or her personal account can be inherited in accordance with the law. The resettlement subsidy entered into the personal account is 13,000 yuan per person in urban areas and 11,000 yuan per person in counties (districts); the land compensation fee for agricultural land of 70% is the total land compensation fee for agricultural land divided by the total number of landless farmers and then multiplied by 70 .

The financial departments of the municipal and county (district) people’s governments shall, within 3 months from the date of approval of the land acquisition compensation and resettlement plan, transfer the full amount of government capital to the land acquisition area based on the newly acquired land area provided by the land and resources department. Social pooling account.

Article 14 The financial departments of the municipal and county (district) people's governments shall, in accordance with the plan for the basic living security expenses of land-expropriated farmers, regularly transfer the basic living security funds of land-expropriated farmers to the labor and social security departments. The basic living security payment account for land-expropriated farmers established by the bank ensures that the basic living security funds for land-expropriated farmers are paid out in full and in a timely manner.

Article 15: Based on the date of approval of the land acquisition compensation and resettlement plan, land-expropriated farmers will be divided into the following four age groups:

1. The first age group is 16 years old Below;

2. The second age group is from 16 years old to 45 years old for women, and from 16 years old to 50 years old for men;

3. The third age group is women over 45 to 55 years old, men over 50 to 60 years old;

4. The fourth age group (retirement age) is women over 55 years old and men over 60 years old.

The “above” mentioned in the preceding paragraph includes the current number.

Article 16 The farmers whose land has been expropriated shall be selected from among the members who enjoyed land contract management rights and assumed agricultural obligations in the rural collective economic organization that owned the land before the land expropriation. The original land contract operators shall have priority. .

The proportion of people of each age group among land-expropriated farmers should be basically the same as the proportion of people of that age group in the land-expropriated units before land acquisition.

The list of farmers whose land has been expropriated shall be submitted with the consent of more than half of the members of the rural collective economic organization whose land has been expropriated, and shall be determined by the county (district) people's government after review by the township (town) people's government or sub-district office. After determination, it shall be publicized at the location of the rural collective economic organization whose land has been expropriated.

The specific methods for the generation and selection of land-expropriated farmers to participate in basic living security shall be formulated by the people's governments of each county (district) and the Huai'an Economic Development Zone Management Committee, and reported to the municipal government for record.

Article 17 People in the first age group will receive a one-time living subsidy of 5,000 yuan per city and 4,000 yuan per county (district); After payment, it will no longer be included in the basic living security stipulated in these rules.

Article 18 People in the second, third and fourth age groups can choose whether to participate in the basic living security for land-expropriated farmers. Governments at all levels should take active measures to encourage and support landless farmers to participate in basic living security.

For those who choose the basic living security for land-expropriated farmers, different security standards will be implemented according to different age groups:

(1) People in the second age group will receive basic living security starting from the month when the basic living security is implemented. From now on, you will receive living allowances on a monthly basis for a period of 2 years. When you reach the pension age, you will receive a pension on a monthly basis.

(2) Persons in the third age group will receive living allowances on a monthly basis from the month when basic living security is implemented to when they reach the pension age; when they reach the pension age, they will receive pensions on a monthly basis.

(3) Persons in the fourth age group will receive pensions on a monthly basis starting from the month when basic living security is implemented.

See Appendix 8 for living allowance and pension standards. The municipal government can adjust living subsidy and pension standards in a timely manner based on economic and social development, price levels and other actual conditions, and announce and implement them.

If people in the second age group are employed in cities and participate in the urban social security system in the future, the remaining personal account funds can be transferred to the urban social security system and converted into years of contribution to the urban social security system (service length). Conversion method: Conversion based on the annual freelance payment after participating in the basic living security for land-expropriated farmers (including interest and not less than the minimum payment amount). If you are unwilling to convert the payment period into the urban social security system after participating in the urban social security system, you can also receive the balance of your personal account in one lump sum. Personal account funds will no longer be included in basic living security after being received in one lump sum.

Article 19 The specific methods for the management and distribution of basic living security funds for land-expropriated farmers shall be formulated separately by the municipal finance, labor and social security departments, and shall be announced and implemented after being submitted to the municipal government for approval.

Article 20: To establish basic living security for land-expropriated farmers in accordance with these rules, the municipal and county land and resources departments shall, within 3 months from the date of approval of the land acquisition compensation and resettlement plan, based on the county (district) people’s The government has determined and publicized the list of land-expropriated farmers and the list of land-expropriated farmers who have chosen to participate in basic living security. 70% of the agricultural land compensation and all resettlement subsidies for land-expropriated farmers who have entered the basic living security will be transferred to the financial department at the same level. A special financial account for basic living security funds for land-expropriated farmers established by the bank; the land acquisition compensation and resettlement costs of land-expropriated farmers who have not entered the basic living security and the living allowances for persons under the age of 16 will be paid to rural collective economic organizations, who will Pay in full according to regulations; pay the compensation fee for ground attachments and young crops and the remaining land compensation and resettlement costs to the rural collective economic organization, and the rural collective economic organization will pay the compensation fees for ground attachments and young crops to their owners.

If the land acquisition compensation and resettlement fees are not fully paid, the land-expropriated rural collective economic organizations and their members have the right to refuse to hand over the land; if the land acquisition compensation and resettlement fees are fully paid, the land-expropriated rural collective economic organizations and their members and other relevant rights holders shall not delay the handover of land. If the land-expropriated rural collective economic organization fails to obtain the consent of more than half of its members to propose land-expropriated farmers within 3 months from the date of approval of the land expropriation compensation and resettlement plan, the municipal, county (district) land and resources department shall start from the date of approval of the land expropriation compensation and resettlement plan. Depositing the full amount of land acquisition compensation and resettlement fees into the designated financial account (bank account) within 3 months means that the land acquisition compensation and resettlement fees have been paid in full; the land acquisition compensation and resettlement fees will be paid according to the provisions of paragraph 1 of this article after the land acquisition farmers are determined . The municipal and county (district) land and resources departments shall, within 5 working days from the date of approval of the land acquisition compensation and resettlement plan, notify the rural collective economic organizations whose land has been expropriated in writing of the content and approval time of the approved land acquisition compensation and resettlement plan.

If the land owned by the township (town) or village collective is expropriated, the land acquisition compensation and resettlement fees shall be paid to the township (town) or village collective economic organization.

Article 21 If farmers’ collective land outside the city or county urban planning area is expropriated and basic living security for the land-expropriated farmers has not been established, the city or county (district) land and resources department shall include the land acquisition compensation and resettlement plan in the land acquisition compensation and resettlement plan. Within 3 months from the date of approval, the land acquisition compensation and resettlement fees shall be paid in full to the rural collective economic organizations whose land has been acquired. Compensation fees for ground attachments and young crops will be paid in full by rural collective economic organizations to their owners.

If the rural collective economic organization fails to adjust other land of equivalent quality and quantity to the land-expropriated farmers for continued contract management, it must pay 70% of the land compensation to the land-expropriated farmers. If the land-expropriated farmers do not need unified resettlement, all resettlement subsidies will be paid to the resettled persons.

After receiving land acquisition compensation and resettlement fees, rural collective economic organizations should first announce it to the members of the collective economic organization, and propose a fair and reasonable compensation and resettlement fee distribution plan in accordance with relevant regulations and in conjunction with local conditions. Submit it to the members of the rural collective economic organization or the member representative conference for discussion, and after approval by more than two-thirds of the members or member representatives, the amount will be distributed to the landless farmers on time and in full.

Article 22: Land compensation and resettlement fees paid to rural collective economic organizations shall be included in provident fund management and must be used to solve the living problems of land-expropriated farmers left over from history and to develop production and public welfare for rural collective economic organizations. Sexual business must not be used for other purposes.

Article 23 Land-expropriated farmers who meet the local rural subsistence allowance conditions can enjoy the rural minimum living security. Land-expropriated farmers who are not included in the urban social security system can participate in the new rural cooperative medical care.

Article 24: Each county (district) government shall formulate an employment training plan for land-expropriated farmers based on the actual situation of land-expropriated farmers. According to the changes in the labor market, the employment needs of enterprises and the job hunting needs of farmers, employment skills training is provided to landless farmers in the form of targeted training through training institutions confirmed by the labor and social security departments. The training focuses on unemployed landless farmers aged 16 to 45. Employment training for land-expropriated farmers is exempted from training fees, and the training fee settlement method shall be implemented in accordance with the "Huai'an City Re-employment Training Management Measures (Trial)".

The people's governments of all counties (districts) should take measures to promote the employment of land-expropriated farmers and encourage them to start their own businesses.

Chapter 4 Supplementary Provisions

Article 25 If the land expropriation plan has been approved by the State Council or the Provincial People's Government before the implementation of these rules, land acquisition compensation and resettlement will still be provided according to the approved land expropriation plan. .

Article 26 Before the implementation of these rules, if basic living security has been established for land-expropriated farmers in accordance with relevant regulations, and the standard of basic living security is lower than the standard specified in these rules, starting from the month when these rules are implemented The standards stipulated in these rules shall be implemented. If the standards are higher than the standards stipulated in these rules, the original standards shall still be implemented.

Article 27 If the basic living security funds are not fully available and released in a timely manner, the relevant personnel shall be held administratively responsible in accordance with the law. If the land user fails to pay the relevant fees for land expropriation in full and on time, the land will not be submitted for approval.

Article 28 If any state functionary neglects his duties, abuses his power, or engages in malpractice for personal gain in the work of land expropriation compensation and basic living security for land-expropriated farmers, he shall be given administrative sanctions in accordance with the law. If a crime is constituted, he shall be held criminally responsible in accordance with the law. .

If the land expropriation unit or relevant departments engage in fraud and falsely collect, intercept or misappropriate land acquisition compensation and resettlement fees, the land and resources department at or above the county level shall order corrections, and the administrative responsibility of the person in charge and other directly responsible persons shall be held accountable in accordance with the law; If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Anyone who obstructs and sabotages land acquisition work and hinders land management personnel from performing official duties in accordance with the law shall be punished by the public security organs in accordance with the "Regulations on Public Security Administration Punishments of the People's Republic of China"; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law. .

Article 29 These implementation rules shall come into effect on the date of promulgation. "Opinions of the Huai'an Municipal Committee of the Communist Party of China and the Huai'an Municipal People's Government on Reforming the Compensation and Resettlement Methods for Land Acquisition and Establishing Long-term Basic Living Security for Landless Farmers (Trial)" (Huaifa [2003] No. 50), "Huai'an Municipal Committee of the Communist Party of China" If the Municipal People's Government's Opinions on Further Improving the Resettlement of Landless Farmers (Trial) (Huaifa [2004] No. 33) is inconsistent with the provisions of this article, this article shall prevail. The "Notice of the Municipal Government on Adjusting Compensation Standards for Land Acquisition" (Huaizhengfa [2004] No. 56) is abolished at the same time.