What is Maanshan Government’s Land Acquisition Order No. 43?

Order No. 43 of the Ma'anshan Municipal Government:

The "Ma'anshan City Land Acquisition Compensation and Resettlement Measures" were discussed and adopted at the 23rd executive meeting of the municipal government on December 16, 2008, and are now announced. , effective from January 1, 2009.

Mayor Zhou Chunyu

December 29, 2008

Ma'anshan City Land Acquisition Compensation and Resettlement Measures

Chapter 1 General Provisions

Article 1: In order to strengthen the management of land expropriation and safeguard the legitimate rights and interests of all parties concerned, in accordance with the "Land Management Law of the People's Republic of China" and the "Law of the People's Republic of China", The Property Law and other relevant laws and regulations are formulated based on the actual situation of this city.

Article 2 These Measures shall apply to the compensation and resettlement for the expropriation of collectively owned land and the demolition of houses and attachments on collective land (hereinafter referred to as "requisition and relocation") within the jurisdiction of this city. This method also applies to the compensation and resettlement of the remaining land acquired and relocated after the land acquisition and group disbandment. If major infrastructure projects determined by the state and province have other provisions on compensation and resettlement standards for expropriation and relocation, those provisions shall prevail.

Article 3 The municipal government shall uniformly lead the city’s relocation work.

The Municipal Bureau of Land and Resources uniformly manages the expropriation, compensation and resettlement work, and the municipal land acquisition and relocation affairs management agency under it is responsible for the administrative work of expropriation, compensation and resettlement management. Each district government is responsible for organizing the relevant government departments at the same level, township governments, and sub-district offices to implement the land acquisition and relocation work within its jurisdiction. The land acquisition and relocation affairs agency established by it is responsible for the specific affairs of relocation, compensation and resettlement within its jurisdiction. The Cihu Economic Development Zone Management Committee is responsible for the implementation of the requisition and relocation of collective land in Zhaoming Village and Yangjia Village under its management. Relevant departments work together to complete the work related to land acquisition and relocation in accordance with their respective responsibilities.

Article 4 Rural collective economic organizations, rural villagers or other rights holders who are expropriated shall obey the needs of social and economic development for construction land, safeguard their legitimate rights and interests in accordance with the law, and actively assist in the expropriation and relocation work. .

Article 5 establishes a joint meeting system for expropriation, compensation, resettlement and guarantees, led by the district government (Cihu Economic Development Zone Management Committee), with the municipal land and resources, labor and social security, finance, public security, planning, real estate, Relevant departments such as agriculture, forestry, and supervision are involved to regularly study and solve relevant issues in the relocation work.

Chapter 2 Land Acquisition Procedures

Article 6 Land acquisition shall be handled in accordance with the following procedures:

(1) The unit applying for land acquisition shall prepare documents in accordance with the requirements for land acquisition approval , sent to the Municipal Land and Resources Bureau. The Municipal Land and Resources Bureau shall organize submissions for approval in accordance with the annual land use plan and agricultural land conversion plan determined by the municipal government.

(2) The Municipal Land and Resources Bureau shall coordinate and formulate the agricultural land conversion plan, supplementary farmland plan, and land acquisition plan (for projects with separate site selection, the land supply plan shall be drafted and submitted for approval together), and submitted to the municipal government for review After consent, it will be submitted to the government with approval authority for review and approval in accordance with the law. Before expropriating forest land, the consent of the forestry administrative department must first be obtained. Article

Article 7: After the land acquisition plan is approved in accordance with the law, it will be announced in the name of the municipal government in the village or group where the land to be acquired is located. Among them, the expropriation of land owned by township collective economic organizations shall be announced at the location of the township government.

Article 8 The collective economic organizations, rural villagers or other rights holders whose land has been expropriated shall, within the time limit specified in the land acquisition announcement, go to the designated location with the land ownership certificate or other valid certificate to register for compensation for expropriation and relocation. formalities. If the land acquisition compensation registration procedures are not completed as scheduled, the investigation results of the land administration department shall prevail; if the demolished houses and attachments compensation registration procedures are not completed as scheduled, the investigation results of the relocation affairs agency shall prevail.

Article 9 Based on the approved land acquisition plan and the compensation and resettlement standards stipulated in these Measures, the Municipal Bureau of Land and Resources shall coordinate the formulation of a land acquisition compensation and resettlement plan and a house demolition compensation and resettlement plan, and announce them at the location where the land is acquired to listen to opinions. . After the land acquisition compensation and resettlement plan and house demolition compensation and resettlement plan are approved by the municipal government, they will be organized and implemented by each district government (Cihu Economic Development Zone Management Committee).

Article 10 All costs for land acquisition shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.

Before the land acquisition compensation and resettlement fees are fully paid, the land-expropriated rural collective economic organizations, rural villagers or other rights holders have the right to refuse to hand over the land (except for collective economic organizations, rural villagers or other rights holders who refuse to receive compensation and resettlement fees without justifiable reasons). ; The rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated shall deliver the expropriated land within 30 days from the date of payment of all land acquisition expenses. Disputes over land acquisition compensation and resettlement will not affect the implementation of the land acquisition plan.

After the announcement of land acquisition, relevant departments, units and individuals shall suspend the following matters within the scope of land acquisition: (1) Approval of homesteads and other construction land;

( 2) Approval of new construction, reconstruction, and expansion of houses;

(3) Processing household registration or household division, but due to marriage, birth, retirement of soldiers, release from prison, release from labor camp, etc., household registration or household division is required Except for;

(4) Issuance of industrial and commercial business license;

(5) Approval of house transfer and land transfer;

(6) Change of house and land use .

Article 12 Coordination and adjudication of relocation compensation and resettlement disputes, orders to hand over land and applications for compulsory execution by the People's Court shall be handled in accordance with the provisions of laws and regulations.

Chapter 3 Compensation for Land Acquisition and Personnel Resettlement

Article 13 Compensation for land acquisition shall be in the form of area-based comprehensive land price. The comprehensive land price of the acquired area consists of two parts: land compensation fee and resettlement subsidy fee. Among them, the land compensation fee is 40% of the comprehensive land price of the acquired area, and the resettlement subsidy (including the basic pension security fund for land-expropriated farmers) is 60% of the comprehensive land price of the acquired area.

Article 14 Land compensation fees shall be paid and used in accordance with the following provisions: If the expropriated land is owned by the village collective economic organization, a special financial account shall be established, managed by the township or sub-district, and used by the owner. For land owned by villagers' groups, 70% of the total land compensation fee will be allocated by the collective economic organization to the people who should be resettled according to the villagers' autonomy regulations, and will be used for the production and living expenses of the land-expropriated farmers. The remaining 30% is included in the provident fund of the village collective economic organization and is used to deal with issues left over from previous expropriations and relocations. Its use and management are supervised by the district government (Cihu Economic Development Zone Management Committee).

Article 15 The number of agricultural population to be resettled shall be determined based on the amount of cultivated land to be acquired divided by the amount of cultivated land per capita occupied by the expropriated unit before land acquisition. The total population of the land-expropriated unit shall be the permanent agricultural population registered on the date of land acquisition announcement that meets the resettlement conditions. The total amount of cultivated land before land acquisition by the land-expropriated unit shall be based on the survey results of the land and resources department. Cultivated land refers to vegetable fields, paddy fields, dry land, and cash crop fields. Intensive fish ponds (including fry ponds) are calculated based on cultivated land.

Article 16 The following persons in the land-expropriated unit shall be resettled:

(1) Permanent agricultural population and persons born and legally married;

(2) Active-duty conscripts with original permanent agricultural household registration;

(3) Reeducation through labor personnel with original permanent agricultural household registration;

(4) Those whose household registration was transferred before August 1, 1995 People who belong to the land-expropriated villagers group, have contracted land and housing, are mainly engaged in agricultural production and bear agricultural obligations. If the contracted land does not reach the per capita level of the contracted land of the village group, resettlement will be based on the actual proportion; (5) The agricultural population of the initial migration area among the national policy immigrants;

(6) The urban area of ??this city Those who have been relocated to small towns due to policy as “self-care ration households” still have contracted land and housing in their original place of residence;

(7) They are members of the collective economic organization at the time of land acquisition and transfer of households (to transfer households) The roster shall prevail), and there should be no personnel involved in the previous land acquisitions.

The following people do not belong to those who should be resettled:

(1) People who have been resettled in previous land acquisitions and people who were married and born after land acquisition and household transfer;

(2) Those who moved in after October 15, 1982 will not be resettled if they do not meet the conditions specified in item 4 of the preceding paragraph. However, it is possible to apply for the transfer of household registration from rural to non-agriculture;

(3) Persons who transfer from rural to non-residence at their own expense and full-time college and technical secondary school students who have moved their household registration.

Article 17 The persons who should be resettled shall be proposed by the villagers committee. After the land-expropriated villagers group has announced it, it shall be reviewed by the township government and street office, and confirmed by the district government (Cihu Economic Development Zone Management Committee). Copy to the municipal land acquisition and relocation management agency for filing.

Article 18 During land acquisition, after paying the following fees, the remainder of the resettlement subsidy shall be paid by the district government to the city’s basic pension security fund account for land-expropriated farmers:

( 1) Persons under the age of 16 (including those who live with their parents during policy immigration) will receive a one-time support subsidy of 12,000 yuan;

(2) 16 years old (including 16 years old) The above persons will be given a one-time self-employment subsidy of RMB 15,000;

(3) Persons who have no fixed job or stable income and are self-financed farmers who have transferred to non-agricultural areas, and who were under 16 years old when the original land acquisition was completed, the organization was dissolved, and the household was transferred. Full-time college and technical secondary school students who have not been resettled and whose household registration has been relocated will receive a one-time living subsidy of 8,000 yuan.

Article 19: The compensation and resettlement fees due to the following people will be allocated to the district civil affairs department in one lump sum, and the district civil affairs department will resettle or pay living expenses according to regulations:

(1) Failure Orphans over 16 years old;

(2) Orphans over 60 years old for men and 55 years old for women;

(3) Holding a disability certificate, losing the ability to work and having no guardian Persons;

(4) Persons who are mentally ill and have no guardian as proven by hospitals at or above the county level.

Article 20: The agricultural population that has been approved for resettlement will be transferred from rural to non-agricultural land in a timely manner by the public security department, and will be included in the basic pension security system for land-expropriated farmers, the urban employment service system, and the urban residents’ medical insurance system. If the per capita income of family members is lower than the minimum living security standard for urban residents, the minimum living security system for urban residents will be implemented.

Article 21 If the approved occupation of agricultural land on a state-owned farm results in losses to the original user unit, compensation for the land, young crops, attachments, and agricultural population shall be paid according to the standards for the expropriation of farmers' collective land. Resettlement subsidies and their personnel will not be included in the basic pension security system for land-expropriated farmers. Compensation for forest land occupation shall be implemented in accordance with the "Anhui Province Forest Land Protection and Management Regulations".

Chapter 4 Compensation for Young Crops, Attachments, and Housing

Article 22 Compensation for young crops and attachments shall be paid in accordance with the law and in accordance with the facts, and the compensation for young crops and attachments shall belong to all owned by. If the temporary use of rural collective land is approved in accordance with the law, the land user shall pay rent, compensation for young crops and attachments, etc. in accordance with these regulations.

Article 23 Compensation for young crops shall be calculated based on the output value of one season's crops multiplied by the actual planting area at the time of land acquisition. No compensation will be given if there are no young crops. If you occupy farmland without authorization, change the use of farmland, plant trees or dig ponds to raise fish, etc., the compensation fee for young crops will be calculated based on the original use. If scattered rare and valuable ornamental trees can be transplanted, transplantation fees will be paid; if they cannot be transplanted, appropriate compensation will be given. Sporadicly planted trees will be compensated in real terms.

Article 24 If farmland water conservancy and electromechanical drainage and irrigation facilities need to be rebuilt, the land user shall rebuild them; if attachments such as electricity, broadcasting, and communication facilities can be relocated, relocation fees shall be paid. Attachments that do not need to be reconstructed and cannot be moved will be combined into new ones based on the replacement price and compensated to the owner according to the actual situation. If a grave needs to be moved, an announcement should be made. The relocation fee shall be based on the standards verified by the municipal civil affairs department.

Article 25 The legal houses on the demolished homestead sites will be compensated based on the replacement price and combined into new ones.

Article 26 When non-residential buildings are demolished, property owners whose land use and construction procedures are legal shall be compensated in accordance with the following provisions. Among them, those who are demolished as enterprises should hold industrial and commercial business licenses:

(1) For demolition of non-residential houses, the demolition compensation will be calculated based on the housing compensation standard and the height of various structural floors. There will be no increase in price for the demolition of attached houses and flats in non-residential buildings;

(2) If the equipment and facilities in the demolished factories, stations and warehouses are destructively demolished, the price shall be based on the assessed price. Compensation;

(3) The suspension of production and business suspension fees of the demolished enterprise shall be calculated based on the after-tax profits of the three months before the date of collection announcement for 3 months. If the equipment needs to be relocated, the relocation and installation fees shall be based on the total value of the equipment of the demolished enterprise. Compensation will be given to 5% of the total;

(4) The demolished schools, hospitals, nursing homes, village committee (community) offices and other public service buildings shall be rebuilt or replaced according to the requirements of urban planning. If reconstruction or replacement is required, the compensation standards for demolition of non-residential houses will be implemented. If the demolished person rents out the house, the demolition implementation unit will only compensate the demolished person, and the relevant lessee compensation fees shall be paid by the demolished person.

Article 27: If individual industrial and commercial households demolish their own business buildings and joint stores, the demolished persons must provide land use right certificates, house property rights certificates, and industrial and commercial business licenses. If the land use right certificates are uploaded If the land use is specified as homestead, it will be calculated at 1.1 times the housing compensation standard, and no additional resettlement or other compensation such as business closure and relocation losses will be paid; if the land use right certificate states that it is for other purposes, compensation will be calculated according to Article 26 .

Article 28 The following young crops, attachments and houses will not be compensated:

(1) Failure to obtain land use approval or planning permission in accordance with the law or violating the law outside the approved or permitted area Construction attachments and housing; (2) Flowers, plants and trees planted after the land acquisition announcement; (3) Attachments on temporary land that have exceeded the approved use period;

(4) Natural wild bushes.

Article 29 When expropriating professional vegetable plots in the suburbs, new vegetable plot development and construction funds shall be paid in accordance with relevant national regulations. The standard is 5,000 yuan/mu. The funds for the development and construction of new vegetable plots shall be earmarked by each district for specified purposes.

Chapter 5 Housing Demolition and Resettlement

Article 30 Housing demolition shall be provided with housing resettlement. Those who meet the following conditions are eligible for housing resettlement:

(1) Owners of demolished houses who have obtained land use approval and planning permission in accordance with the law before the land acquisition announcement, or who hold building construction certificates and house property rights certificates;

p>

(2) Persons who should be resettled in compliance with the provisions of Article 16 and persons who moved in after October 15, 1982 and have legal housing; the original permanent agricultural household registration was later converted to a non-agricultural household registration and is still there Those who live in the original house and have legal property rights registration procedures will be resettled according to the resettlement requirements; except for those who already enjoy urban housing benefits (including welfare housing allocation, housing subsidies, and unit-funded housing construction).

Article 31 Those who have any of the following circumstances are not eligible for housing resettlement:

(1) The house has not been demolished;

(2) ) Temporary residents or those who live in rented houses even though they have permanent residence;

(3) Obtaining house ownership or actual use rights and income rights through inheritance, donation, sale, etc., but it is not the collective economy of the demolition site Organization members;

(4) Those who have been given housing resettlement or housing monetary resettlement in previous relocations;

(5) Those who moved in after October 15, 1982 and have no legal housing of.

Article 32 Housing demolition and resettlement adopts the method of monetization plus purchase of resettlement houses or property rights exchange resettlement. The demolished persons can choose one of the above two methods.

(1) The method of monetizing housing demolition and purchasing resettlement houses. For demolished houses with legal area, compensation shall be paid to the demolished persons based on the replacement price. The housing resettlement payment shall be RMB 30,000 per person for those who are eligible for housing resettlement, and an additional RMB 15,000 for only children and widowed persons. The area of ??allocated resettlement houses is 20 square meters for each person eligible for demolition and resettlement, and an additional 10 square meters for only children and widowed persons. If the total amount of housing demolition compensation and resettlement costs for extremely poor households is insufficient to purchase resettlement houses within the resettlement standards, the balance shall be paid in full by the land-using unit. (2) Housing demolition property rights exchange and resettlement methods. The property rights of each person who should be resettled will be exchanged for an equal area of ??30 square meters, and each other will not pay the price difference. If the area of ??the original legal house to be demolished (excluding houses and attached houses) is lower than the area that should be resettled, it will be replaced and resettled according to the original area; if it is higher than the area that should be resettled, the excess part will be compensated for the demolished house at the replacement price. people.

Article 33 If it is not suitable to carry out monetary resettlement and property rights exchange resettlement in special circumstances such as outer suburbs and linear projects, resettlement can be carried out in the form of self-demolition and self-construction with the approval of the municipal government. If the resettlement method is self-demolition and self-construction, the district government is responsible for organizing and implementing it, and the demolished houses will be compensated at a standard of 120% of the replacement value. Compensation for relocation of self-demolition and self-built homesteads, "three connections and one leveling" and public facilities construction costs are 46,000 yuan per household, which will be allocated and used by the district government.

Article 34 The principle of household-based resettlement of demolished households and the determination of the legal area of ??demolished houses per capita shall be implemented in accordance with the relevant regulations of the municipal government on the registration of property rights of houses on collective land.

Article 35 The demolisher shall pay the relocation subsidy to the demolished persons when demolishing the houses; if the demolished persons need to temporarily resettle and transition by themselves, they shall pay the temporary resettlement subsidy (transition fee); If the relocation is completed within the final relocation period stipulated in the demolition announcement, the demolisher may provide a one-time relocation incentive fee according to the prescribed standards.

Article 36 If the children of the demolished persons are studying in primary school or junior high school and need to transfer due to house demolition, they must hold the "Certificate of Transfer of Schools for Children of Houses Demolition Households in Ma'anshan City" issued by the municipal land acquisition and relocation management agency. The education department should arrange students to attend school based on their actual transitional address after demolition, and should not charge inter-regional borrowing fees.

Article 37 The housing resettlement money for housing monetary resettlement or the house purchase payment for the resettlement area through property rights exchange shall be paid by the land user to the district government.