Research on Land Compensation in Liangjiang New Area of Chongqing

The planning scope includes Jiangbei Central District, Jiangshui District, Tangjiatuo-Cuntan District and Yu Zui-Fusheng District. Northern New District of Yubei District, Longxi District, Lianglu District, Muer-Gulu District and Longxing-Ishikawa District; The total area of Caijia District and Soil and Water Rehabilitation District in Beibei District is about 947 square kilometers. Among them, the Northern New District will be built into an inland open economy demonstration zone, forming a high-tech industry research and development, manufacturing and modern service industry gathering area. We will support the Northern New District to try first in the fields of land, finance, taxation, finance, investment, foreign trade, scientific and technological innovation and management system. We will continue to give full play to the characteristics and radiation-driven role of various national parks in the northern new area, forming a pattern of multi-parks, benign interaction and dislocation development in one area. The functions and related tax policies of Lianglu Cuntan Bonded Port Area shall be implemented in accordance with the relevant provisions of Yangshan Bonded Port Area. Rational allocation of customs, entry-exit inspection and quarantine personnel and supervision facilities to ensure effective supervision.

The adoption of Liangjiang New Area will inevitably drive the investment and consumption demand in this area. And change the status quo of Chongqing's local industrial shell, making it truly a strategic highland in the western region.

Measures of Chongqing Municipality on Compensation and Resettlement for Land Requisition

Order of Chongqing Municipal People's Government (No.55)

Chapter I General Principles

Article 1 In order to safeguard the legitimate rights and interests of land-expropriated units and individuals and ensure the smooth progress of land expropriation, these Measures are formulated in accordance with relevant laws and regulations and in light of the actual situation in Chongqing.

Article 2 The principles of these Measures shall apply to the compensation, personnel placement and housing placement for expropriation of collectively owned land within the administrative area of this Municipality.

Third city and county (autonomous county, city) people's government should strengthen the leadership of land acquisition compensation and resettlement, and the land administrative departments shall be responsible for the implementation.

Planning, labor, civil affairs, letters and visits and other relevant departments shall, in accordance with their respective responsibilities, cooperate with the land administrative departments to do a good job in land acquisition compensation and resettlement.

The township (town) people's government shall assist the land and other administrative departments to complete the land requisition compensation and resettlement work.

Chapter II Compensation

Article 4 Land expropriation shall pay land compensation fees, resettlement subsidies and compensation fees for attachments and young crops on the ground according to law. The use and management of land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees shall be implemented in accordance with Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China.

Article 5 Land compensation fees and resettlement subsidies for requisitioned land shall be implemented in accordance with the provisions of Article 39 of the Regulations of Chongqing Municipality on Land Management.

Article 6 The compensation for the above-ground buildings shall be calculated according to the legal area registered in the collective land use certificate and the rural house ownership certificate, and the structures shall be calculated according to the actual situation. The compensation for young crops is calculated according to the actual planting area at the time of land acquisition.

Seventh unauthorized occupation of cultivated land to plant ordinary trees, compensation fees shall be calculated in accordance with the standard of compensation for young crops.

General trees planted sporadically shall be compensated according to the actual situation.

For orchards, tea gardens, mulberry gardens, nurseries and gardens, compensation fees shall be calculated according to 1.2 to 1.5 times of the average annual output value of local cultivated land in the first three years.

Rare precious trees shall be implemented in accordance with relevant state regulations.

Eighth the following buildings (structures), young crops will not be compensated:

(a) houses and other buildings (structures) without land use right ownership certificate and rural housing ownership certificate;

(2) Flowers, trees, young crops and buildings (structures) planted after the land requisition is approved by the government;

(three) buildings (structures) that have been used for more than 2 years on temporary land beyond the approved use period or although the use period has not been determined;

(four) illegal occupation of collectively built buildings (structures);

(5) Wild weeds in Dharam.

In accordance with the provisions of article ninth of these measures, which belongs to the object of housing placement, the demolition of houses shall be appropriately compensated with reference to the cost of rural houses. In accordance with the provisions of these measures, does not belong to the object of housing placement, the demolition of houses, in accordance with the provisions of the preceding paragraph, the standard floating 50% compensation.

Tenth farmers whose houses are not within the scope of land acquisition and demolition shall not be demolished, compensated and resettled. However, according to the area of the homestead determined by the collective land use right certificate, the comprehensive compensation fee for the occupation of the homestead by the land-expropriated rural collective economic organizations shall be paid in one lump sum according to 1 to 2 times of the average annual output value of the local cultivated land in the three years before expropriation. After compensation, rural residents enjoy the same treatment as members of local rural collective economic organizations in using public facilities and public welfare undertakings. When land is requisitioned for national construction, the compensation and resettlement of houses shall be handled in accordance with the relevant provisions at the time of land acquisition.

Eleventh land acquisition units (excluding landless villagers) of hydropower facilities according to the actual installation cost compensation. Compensation for water conservancy projects shall be implemented in accordance with relevant state regulations.

Cable broadcasting lines, closed-circuit television lines and natural gas installation shall be compensated according to the actual installation cost. Telephone relocation should be compensated according to the relocation fee standard stipulated by the telecommunications department. The decoration of the demolished house is demolished by the owner free of charge; Can not be removed, give appropriate compensation.

If the villagers' houses are used for other purposes, compensation shall be given according to the houses.

Twelfth enterprises holding land use rights certificates and other legal warrants for land acquisition and demolition, according to the replacement price to calculate the compensation fee, the original building (structure) owned by the state, by the land administrative departments responsible for the disposal. The relocation loss expenses of the demolished enterprise (including equipment relocation loss expenses, shutdown loss expenses and relocation expenses) shall be calculated according to 15% to 20% of the depreciated net value of the relocated equipment.

Chapter III Personnel Placement

Thirteenth members of the land acquisition unit shall be resettled in accordance with the relevant provisions or by adjusting the contracted land:

(1) agricultural population;

(2) college students;

(3) conscripts in active service;

(4) Reeducation through labor personnel.

Fourteenth land acquisition units shall not place the following personnel:

(a) unable to establish a marriage relationship or support (support) relationship to move in and there is no contracted land;

(2) Rotation of rural retirees.

Fifteenth farmers whose land has been expropriated can be resettled in the form of money, insurance, land or civil affairs departments.

Article 16 If the land-expropriated farmers choose monetary resettlement, the land administrative departments shall pay the land compensation fees and resettlement subsidies to the rural collective economic organizations whose land has been expropriated, which shall be collected by the farmers within the specified time or paid directly to the farmers by the land administrative departments.

Seventeenth for men over 50 years of age, women over 40 years of age of farmers, upon my written application, the land management department can pay the farmers' land compensation fees and resettlement subsidies in full or in half to China Life Insurance Company Chongqing Branch for savings endowment insurance. The specific measures shall be formulated by the municipal land management department in conjunction with Chongqing Branch of China Life Insurance Company and implemented after being approved by the Municipal People's Government.

Eighteenth rural collective economic organizations can set up an economic entity and resettle more than 10 people after all the land has been expropriated, and the land administrative departments can pay the land compensation fee and resettlement subsidy to the economic entity at one time as the capital contribution of the resettled people. At the same time, according to the standard of 20 to 30 square meters per farmer, land will be allocated to economic entities for developing production and resettling farmers. Economic entities should pay land acquisition fees according to regulations.

Nineteenth land administrative departments will be the following farmers land compensation fees and resettlement subsidies allocated to the civil affairs department, the civil affairs department in accordance with the provisions of the monthly resettlement or payment of living expenses:

/kloc-orphans under 0/8 years old;

(2) Widowed persons who have reached the age of 60 for men and 50 for women;

(3) Persons with disability certificate, incapacity and no guardian;

(four) the people's hospital at or above the county level has proved that he is mentally ill and has no guardian.

Twentieth for farmers' resettlement, the implementation of land acquisition fees to adjust the use of measures. Overall planning fees shall be collected from construction land units by the people's governments of counties (autonomous counties, cities) according to the standard of 3,000 yuan per mu in urban areas and 2,000 yuan per mu in other counties (autonomous counties, cities), which shall be earmarked for overall adjustment of land acquisition and farmers' resettlement.

Chapter IV Housing Resettlement

Twenty-first before the approval of land acquisition is issued, the landless farmers who hold the house ownership certificate and the collective use certificate are the objects of housing resettlement.

Twenty-second in the scope of land acquisition and demolition, one of the following circumstances does not belong to the housing resettlement object:

(a) Villagers whose houses have been demolished;

(2) Persons whose houses have not been demolished;

(three) urban personnel who have obtained housing property rights through sale, inheritance and gift. Except that there is no house in the town.

The persons specified in Item (1) of the preceding paragraph may apply for homestead in accordance with the Regulations on the Administration of Rural Homestead after their houses are demolished.

Twenty-third housing placement can take unified preferential purchase, monetary resettlement housing, self-built housing and other ways. , and according to the standard of 17 20 square meters per person.

Article 24 If the housing resettlement object chooses the priority purchase method, and there are indeed conditions for unified construction of resettlement houses, it shall apply to the land administrative departments of counties (autonomous counties, cities) for priority purchase of resettlement houses in accordance with the construction area standards of resettlement houses determined by the people's governments of counties (autonomous counties, cities) in accordance with these measures and the price of prefabricated brick walls (strips) at the time of land acquisition.

Due to the limitation of apartment design, the part of the resettlement house purchased by the housing resettlement object that exceeds the specified standard of 5 square meters shall be purchased at 50% of the construction cost; The part exceeding the prescribed standard of 5 square meters or more shall be purchased at the comprehensive cost, but the resettlement houses purchased by divorced families after the pre-trial announcement of construction land is issued exceed the housing resettlement standard stipulated by the local people's governments of counties (autonomous counties, cities) and are purchased at the comprehensive cost.

Due to the limitation of apartment design, the purchase of resettlement houses does not meet the prescribed standards, and the insufficient part shall be compensated to the resettlement people by the housing resettlement party according to the construction and installation costs.

Twenty-fifth resettlement housing resettlement object married childless, priority purchase, can apply for the purchase of resettlement housing +0 natural room, the price is calculated at 50% of the construction cost of resettlement housing.

The spouse or minor children of the housing resettlement object are registered in cities and towns. If they have no housing in other places and live with their spouses or parents for a long time within the scope of land acquisition and demolition, they can apply for purchasing 1 natural house at 50% of the construction cost and merge with the original householder for resettlement.

Land-expropriated persons who cannot settle their marriage or support (support) relationship before land acquisition and have no housing may apply for the purchase of housing at comprehensive cost according to the housing resettlement standards stipulated in these Measures.

Before the government approves the requisition of land, urban personnel who have lived in the scope of land requisition and demolition for a long time hold the house ownership certificate and the land use right certificate. If there is no house in the town, they can apply for the priority purchase of housing according to the housing resettlement standards stipulated in the present Measures and 50% of the construction and installation cost after the housing resettlement party agrees.

Twenty-sixth housing resettlement objects choose monetary resettlement housing, land administrative departments shall sign a monetary resettlement housing contract with the resettlement object, and settle the monetary resettlement funds at one time.

When the monetary resettlement amount is equal to the monetary resettlement housing contract performance amount, the difference between the average selling price of affordable housing adjacent to the land acquisition and demolition scope and the compensation standard of brick wall (strip stone) prefabricated housing at the time of land acquisition shall be multiplied by the resettlement housing construction area determined by the local people's governments of counties (autonomous counties, cities) according to these measures.

Article 27 Where resettlement houses are built in a centralized and unified way unconditionally, the land administrative departments of counties (autonomous counties and cities) shall give subsidies according to the 100-standard resettlement houses determined by the people's governments at the corresponding levels according to these measures and the average construction and installation costs of local urban residents' houses at that time, and allocate homesteads according to the planning management requirements and local urban residents' residential land standards, and the housing resettlement objects shall build their own houses.

Twenty-eighth couples registered in two rural collective economic organizations are the same batch of housing resettlement objects, and they are merged into 0+0 households for housing resettlement.

If there are two or more houses built by rural collective economic organizations, only 1 house will be resettled during land acquisition and demolition.

Twenty-ninth resettlement housing construction and installation costs, including foundation, main body, roof engineering, water and electricity installation and other costs, by the county (autonomous county, city) construction administrative departments in consultation with the land administrative departments for approval and publication.

Unified resettlement housing, self-built housing, according to the provisions of affordable housing (housing projects) tax relief, but natural gas installation costs, ventilation costs borne by the housing resettlement object.

When the monetary resettlement object purchases a house, the house transaction fee is exempted according to the standard of the construction area 17 to 20 square meters per person.

Thirtieth resettlement object in accordance with the provisions of the relevant procedures for resettlement housing, housing property belongs to the resettlement object, after receiving the land use right certificate and housing ownership certificate, can be transferred, leased or mortgaged according to law.

Priority is given to the purchase of unified houses. Construction land units shall reserve * * * parts of resettlement houses and * * * facilities and equipment maintenance funds according to the proportion of 2%-3% of the total cost of housing construction, which shall be handed over to the real estate administrative departments or property management enterprises by the real estate administrative departments to be earmarked for the overhaul, renewal and equipment of houses and facilities in the property management area after the warranty period expires.

Thirty-first buildings, structures and other attachments within the scope of land acquisition and demolition shall be demolished by their owners within the time limit stipulated in the land acquisition and demolition plan.

If the relocated households move within the prescribed time limit, the relocation subsidy shall be calculated at one time for each household, and each household with less than 3 people (including 3 people) shall not exceed 300 yuan, and each household with more than 3 people shall not exceed 500 yuan. Temporary transition households are counted as 2 times.

Due to the needs of construction, the relocated households need to move ahead of time. From the date of transition, the household registration at the time of land acquisition approval shall prevail, and the relocation transition fee or relocation subsidy shall be issued. Preferential housing placement, according to the actual transition time, pay 80 to 100 yuan per person per month for the relocation transition fee; Belonging to monetary resettlement housing and self-built housing, each person will be given a one-time relocation subsidy from 300 yuan to 500 yuan.

Chapter V Supplementary Provisions

Article 32 The land compensation fees and resettlement subsidies in Yuzhong District, Jiangbei District, Shapingba District, Jiulongpo District, Nan 'an District, Beibei District, dadukou district, Yubei District and Banan District shall be implemented according to the standards listed in Schedule 1; Specific compensation standards for young crops and ordinary trees, houses, structures and sporadic ordinary trees planted on plots occupying cultivated land shall be formulated by the local people's government within the standards listed in Schedules 2 to 5.

The people's governments of other counties (autonomous counties, cities) may, according to the basic principles determined in these Measures, formulate specific compensation standards for land compensation fees, resettlement subsidies and young crops, ordinary trees, houses, structures and sporadic ordinary trees in this area, and report them to the Municipal People's Government for the record.

Compensation and resettlement for requisition and occupation of forest land shall be implemented in accordance with the relevant provisions of the state and this Municipality.

The compensation and resettlement for land acquisition of the Three Gorges immigrants in the Yangtze River shall be implemented in accordance with the relevant provisions of the state and this Municipality.

Thirty-third problems in the specific implementation of these measures shall be interpreted by the municipal land administrative department.

Article 34 These Measures shall be implemented as of June 1999 65438+ 10/day. The former Chongqing Municipal People's Government 1994 issued the Measures for Compensation and Resettlement for Land Requisition and Demolition in Chongqing (Chongqing Municipal People's Government Decree No.64) shall be abolished at the same time.

Land acquisition, demolition, compensation and resettlement before the implementation of these measures shall still be handled in accordance with the original provisions.

Respondents supplemented the notice of Chongqing Municipal People's Government on adjusting the standard of land requisition compensation and resettlement on August 4, 200916:19.

All districts and counties (autonomous counties and cities) people's governments, municipal government departments and relevant units:

According to the spirit of "the State Council's Decision on Deepening Reform and Strict Land Management" (Guo Fa [2004] No.28) and the provisions of relevant national land management laws and regulations, combined with the actual situation of our city, the municipal government decided to adjust the standard of land acquisition compensation and resettlement in our city through the 55th executive meeting of the municipal government. The adjustment of land acquisition compensation and resettlement standards and the work of land acquisition compensation and resettlement in our city are hereby notified as follows:

First, adjust the land acquisition compensation and resettlement standards

(A) the main city

1. Land compensation fee and resettlement subsidy standard

Land requisition compensation shall be subject to a unified annual output value standard. The unified annual output value of land acquisition, land compensation fee and resettlement subsidy standard shall be implemented according to the attached table 1. In the future, the unified annual output value standard of land acquisition in the main city will be formulated by the Municipal Bureau of Statistics in conjunction with the Municipal Bureau of Land and Housing Management and other departments every two years, and will be promulgated and implemented after being approved by the municipal government.

2. Compensation standards for above-ground buildings (structures) and young crops

Compensation standards for buildings (structures) and young crops on the ground shall be implemented according to Schedules 2, 3, 4 and 5. The per capita housing resettlement area standard shall be implemented in accordance with the Measures of Chongqing Municipality for Land Acquisition Compensation and Resettlement (Decree No.55 of Chongqing Municipal People's Government). Anyone who plans to rob the land to plant young crops and rob the building (structure) will not be compensated.

Encourage the implementation of housing monetary resettlement, and the standards shall be formulated by the districts in the main city according to the local economic development.

3. Continue to promote the work of saving endowment insurance.

Continue to promote the work of saving endowment insurance, and strive to solve the problem of living security for the elderly labor force of landless farmers. All districts in the main city can choose insurance companies to do this work through bidding.

(1) On the date of the announcement of land acquisition, the landless peasants who have reached the age of 50 and the women who have reached the age of 40 belong to the aged labor force and can apply for savings endowment insurance. With the consent of my application and the approval of the land management department, the land management department will pay the land compensation fee and resettlement subsidy of 23,500 yuan to the insurance company for savings and old-age insurance, and the balance will be paid to me.

(2) On the date of the announcement of land requisition, if the landless peasants who have reached the age of 16, men under the age of 50 and women under the age of 40 belong to the labor force (re-employment), the land compensation fee and resettlement subsidy shall be paid in full to individuals.

The local people's government shall organize labor (re-employment) personnel to participate in labor and employment skills training. Labor (re-employment) personnel enjoy the relevant preferential policies for the re-employment of laid-off workers.

Labor (re-employment) personnel can participate in social insurance in accordance with the relevant provisions of urban social security.

(two) other counties (autonomous counties and cities) outside the main city.

The people's governments of the relevant counties (autonomous counties and cities) outside the main city shall, in accordance with the requirements of this notice and in light of local conditions, adjust the standards for land acquisition compensation and resettlement accordingly and formulate specific policies. Relevant counties (autonomous counties, cities) unified annual output value standards for land acquisition shall be formulated by the people's governments of counties (autonomous counties, cities) every two years, and shall be promulgated and implemented after being approved by the municipal government.

Second, adjust the calculation method of the number of landless farmers.

In land acquisition, the number of farmers to be resettled should be calculated in strict accordance with the Regulations of Chongqing Municipality on Land Management (Order No.53 of Chongqing Municipal People's Government).

In sporadic land acquisition, if the cultivated land contracted by land-expropriated farmers is less than 0.5 mu after collection, the land-expropriated farmers can change from rural areas to non-agricultural areas according to regulations, or the contracted cultivated land can be adjusted by rural collective economic organizations according to law. If the land-expropriated farmers choose to turn from rural areas to cities and towns, they can calculate the number of people who turn from rural areas to cities and towns in accordance with regulations, and calculate the related expenses of people who turn from rural areas to cities and towns; If the rural collective economic organizations choose to adjust the contracted farmland, the number of farmers shall be calculated according to the Regulations of Chongqing Municipality on Land Management (Decree No.53 of Chongqing Municipal People's Government).

Third, increase the livelihood security of landless farmers.

Farmers whose land has been expropriated are urban residents after they become farmers, and they are managed as urban residents. Due to the difficulties of life, in line with the conditions of enjoying the minimum living guarantee policy for urban residents, the civil affairs department shall handle it in accordance with the relevant provisions of the minimum living guarantee for urban residents.

The social security of landless farmers will be formulated separately after the introduction of relevant national policies.

Four, the establishment of endowment insurance fund for landless farmers.

The people's governments of all districts and counties (autonomous counties and cities) set up endowment insurance funds for landless farmers. The standard is 20,000 yuan per mu in the main city, and 6,543,800 yuan per mu in other counties (autonomous counties and cities), which is included in the land acquisition cost. The financial department will set up a special account for unified management, which will be used to co-ordinate the endowment insurance for the non-aged labor force in our city. If the overall funds of counties (autonomous counties and cities) are insufficient to solve their problems, the people's governments of counties (autonomous counties and cities) shall subsidize them from the paid use income of state-owned land and incorporate them into the fiscal budget.

Five, strengthen leadership, clear responsibility

(a) the people's governments at all levels and the relevant departments of the municipal government should take the "Theory of Three Represents" theory as a guide, establish a Scientific Outlook on Development, earnestly strengthen organizational leadership, conscientiously implement the spirit of this notice, and earnestly do a good job in the adjustment of land acquisition compensation and resettlement standards and land acquisition compensation and resettlement work.

(two) adhere to the administration according to law, patiently and meticulously do a good job in the adjustment of land acquisition compensation and resettlement standards and the publicity and interpretation of land acquisition compensation and resettlement. At the same time, the relevant departments of cities, districts and counties (autonomous counties and cities) should seriously investigate and deal with those who intercept, deduct, occupy or misappropriate the compensation and resettlement fees for land acquisition.

(three) the functional departments of cities, districts and counties (autonomous counties and cities) shall, in accordance with their respective responsibilities, do a good job in land acquisition compensation and resettlement.

Labor and social security departments should do a good job in employment training for landless farmers, establish and improve employment services and social security systems, and formulate corresponding measures.

Civil affairs departments should do a good job in the minimum living guarantee for landless farmers.

The public security department should do a good job in the audit, statistics and confirmation of the accounts of rural residents whose land has been expropriated, and handle the accounts of rural residents.

The agricultural sector should do a good job in the property distribution, verification and adjustment of the collective economic organizations whose land has been expropriated.

The statistical department shall, jointly with the land administrative department, do a good job in formulating the unified annual output value standard for land acquisition.

Six, requisition and occupation of forest land, compensation and resettlement of large and medium-sized water conservancy and hydropower projects in accordance with the relevant provisions of the state and our city.

Seven, the notice referred to in the main city refers to Yuzhong District, dadukou district, Jiangbei District, Shapingba District, Jiulongpo District, Nan 'an District, Beibei District, Yubei District, Banan District belongs to the administrative region (including the planning scope of northern new district, economic development zone and high-tech zone).

Eight, this notice shall be implemented as of June 2005 1 day.

Nine, the relevant issues in the implementation of this notice, by the Municipal Bureau of land and Housing Management, the Municipal Labor and Social Security Bureau, the Municipal Public Security Bureau, the Municipal Civil Affairs Bureau and the Municipal Bureau of Statistics is responsible for the interpretation of.