When was the Regulations on Compensation for Land Expropriation and Demolition in People's Republic of China (PRC) promulgated?

Documents of Huludao Municipal People's Government

Hudi 20 10

On Issuing the Resettlement of Qingshan Reservoir Project in Huludao City

Notice of basic policies and compensation standards

County (city) District People's government and relevant departments of the municipal government:

The basic policies and compensation standards for the resettlement of Qingshan Reservoir Project in Huludao City are hereby printed and distributed to you, please implement them carefully.

Huludao Municipal People's Government

20 10 July 15

Immigration of Qingshan Reservoir Project in Huludao City

Basic policies and compensation standards

In order to do a good job in land acquisition and resettlement of Qingshan Reservoir Project, according to the national and provincial laws, regulations and policies on land acquisition and resettlement, combined with the actual situation of our city, the basic policies and compensation standards for land acquisition and resettlement of Qingshan Reservoir Project are formulated.

I. Basic principles

(a) people-oriented, safeguard the legitimate rights and interests of immigrants, to meet the needs of the survival and development of immigrants.

(two) the overall situation, to ensure the overall progress of reservoir construction, taking into account the interests of the state, the collective and the individual.

(three) to determine the compensation standard according to law, and to combine the early compensation, subsidy and late support.

(4) Saving land, rationally planning the project area and controlling the scale of immigration.

(five) administration according to law, according to local conditions, overall planning.

Second, the policy basis.

(1) Land Administration Law of the People's Republic of China (Decree No.28 of the President in 2004)

(2) Regulations on Land Requisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects (the State Council Decree No.471,2006).

(III) Decision of the State Council on Deepening Land Management Reform (Guo Fa [2004] No.28)

(4) the State Council's Opinions on Improving the Support Policy for Large and Medium-sized Reservoir Immigrants (Guo Fa [2006] 17)

(V) Measures for the Implementation of the Land Management Law of the People's Republic of China in Liaoning Province (2004)

(VI) Notice of the People's Government of Liaoning Province on Doing a Good Job in Land Requisition Compensation and Resettlement and Effectively Safeguarding Farmers' Legal Rights and Interests (No.27, Liaoning 2004)

(VII) Implementation Opinions of the People's Government of Liaoning Province on Improving the Support Policy for Large and Medium-sized Reservoir Resettlement (Liao Fa [2006] No.44)

(8) Reply of Liaoning Provincial People's Government on the Outline of Qingshan Reservoir Resettlement Planning (Liao [2009]110)

(9) Reply of the National Development and Reform Commission on the Feasibility Study Report of Qingshan Reservoir Project in Huludao City, Liaoning Province (No.369 of Development and Reform Agricultural Economics [2010])

(10) Notice of Liaoning Provincial People's Government Forwarding Provincial Development and Reform Commission and Other Departments on the Implementation Plan of Land Requisition and Demolition Compensation for Power Grid Construction in the whole province (Liao Fazheng [2008] 17)

(1 1) Review Opinions on Qingshan Reservoir Resettlement Planning Report (No.5/kloc-0 [2009] of Liaoning Water Transfer Bureau)

(12) Reply on the Preliminary Design Report of Qingshan Reservoir Project (Liao Fa Gai Nong Jing [2010] No.358)

(13) Notice of the General Office of the People's Government of Liaoning Province on Forwarding the Guiding Opinions of the Provincial Department of Land and Resources on Doing a Good Job in the Compensation and Resettlement of Land-expropriated Farmers' Homestead (No.28 of Liaoning Zhengban Mingdian [2007]/kloc-0)

(14) Reply of Liaoning Provincial Department of Land and Resources on the Land Acquisition Compensation Standard of Qingshan Reservoir Project in Huludao City (20 10. 6. 7)

(fifteen) refer to the compensation standard of other reservoirs under construction in the province.

Third, the scope and principles of compensation

(a) the scope of compensation

1. Land requisitioned for reservoir construction, above-ground buildings, trees, young crops and special facilities shall be included in the compensation scope.

2. Before the provincial government issued the Notice of Liaoning Provincial People's Government on Prohibiting New Construction and Immigration in Qingshan Reservoir Construction Area on February 20, 2009, the physical quantities of the reservoir engineering area and the submerged area were compensated, and all the physical quantities that occurred afterwards were not included in the compensation scope.

(2) Relocation and personal property compensation

1. The buildings on the expropriated land shall be compensated according to their different structural types and quality standards, their original scale, original standards or the principle of restoring their original functions, with reference to compensation standards.

2 trees on the expropriated land shall be compensated according to the prescribed standards.

3, greenhouse care with reference to partial (warehouse) standard compensation.

4. Young crops compensation fee is calculated according to the output value of one crop.

5. Relocation expenses, transitional living allowance and personal property compensation for houses and ancillary buildings owned by individuals, trees, young crops and agricultural and sideline facilities owned by individuals. The resettlement fee shall be paid directly and in full by the county government in the resettlement area.

6. After the immigrants move away, the scattered trees and houses belonging to immigrants above the submerged line around the reservoir shall be compensated according to the prescribed standards.

(three) land acquisition compensation and resettlement subsidies

1. According to the annual resettlement plan and the implementation progress of resettlement, the municipal government pays compensation and resettlement funds for land acquisition to the people's government at the county level with which it signed the resettlement agreement.

2, rural migrants in the county (city) through the new development of land or land transfer centralized resettlement, the people's government at the county level shall land compensation fees, resettlement subsidies and collective property compensation fees directly paid in full to the resettlement village collective economic organizations or villagers' committees. 、

Where rural migrants are voluntarily resettled to other village collective economic organizations or villagers' committees in this county, the people's government at the county level shall sign an agreement with the resettlement village collective economic organizations or villagers' committees to arrange the production and life of the migrants according to the agreement.

3. Where rural migrants are resettled in other counties in the city, the people's government at the county level who signed the resettlement agreement with the municipal government shall promptly hand over the corresponding land acquisition compensation and resettlement funds to the people's government at the county (township) level in the resettlement place for arranging the production and life of the migrants.

4. If the immigrants voluntarily visit relatives and friends, the people's government at the immigrant district/county (township) level shall sign an agreement with the people's government at the receiving district/county (township) level and the immigrants * * *, and hand over the land compensation fee and resettlement subsidy to the people's government at the receiving district/county (township) level to make overall arrangements for the production and life of the immigrants.

5, immigrants choose a one-time monetary resettlement, land compensation fees and resettlement subsidies can be paid to immigrants, no longer allocate land.

6. The long-term compensation for land requisition compensation shall be implemented according to the long-term compensation and resettlement plan for some immigrants in Qingshan Reservoir.

(4) Compensation for special facilities

1, industrial and mining enterprises and special facilities such as transportation, electric power, telecommunications, radio and television, as well as the relocation or reconstruction of primary and secondary schools, shall be compensated according to their original scale, original standards or the principle of restoring their original functions. Compensation policies and standards for mining enterprises shall be formulated separately.

2, the city (set) town relocation, relocation of industrial and mining enterprises, relocation or reconstruction of special facilities compensation fees, by the municipal government to the county (city) people's government or the relevant units. Due to the expansion of scale, improve the standard of increased costs, the county (city) people's government or the relevant units to solve.

Fourth, the compensation standard

(1) Land compensation fee and resettlement subsidy

1. If cultivated land is expropriated, the sum of land compensation fee and resettlement subsidy is 16 times of the average annual output value of the cultivated land in the three years before expropriation, including the average annual output value of dry land 1000 yuan/mu, paddy field 2,000 yuan/mu and vegetable field 3,000 yuan/mu.

Expropriation of collectively owned land occupied by farmers' homesteads, land compensation fees and resettlement subsidies for the part where vegetables are planted in the homesteads, and compensation shall be given according to the standards for expropriation of adjacent vegetable fields; For housing and other purposes, land compensation fees and resettlement subsidies shall be compensated according to the standard of collecting adjacent dry land.

2, the expropriation of other land land compensation fees and resettlement fees according to the following standards:

(1) Land compensation standard.

Expropriation of woodland, grassland, reed pond, aquaculture water surface, farmland water conservancy land and other agricultural land. According to the compensation of 6 times the average annual output value of the adjacent general dry land in the first three years.

Expropriation of collectively owned land occupied by township (town) and village public facilities or public welfare undertakings and township enterprises shall be compensated according to 7 times of the average annual output value of the adjacent dry land in the first three years.

Requisition of Gacha, barren hills, wasteland, wasteland and unused land shall be compensated according to three times of the average annual output value of the adjacent dry land in the first three years.

(2) Resettlement subsidy standard

Expropriation of forest land, grassland, weitang, aquaculture water surface, farmland water conservancy land and construction land collectively owned by farmers, the resettlement subsidy standard is four times the average annual output value of the land in the three years before expropriation.

3, according to the expropriation of state-owned cultivated land used by units or individuals, with reference to the compensation standard for expropriation of cultivated land; State-owned unused land that has not been determined for use by units or individuals shall not be compensated.

(2) Compensation standard for temporary land occupation

Temporary occupation of cultivated land, according to 1 year for 2 years, accounting for 2 years for 3 years of compensation output value.

Temporary occupation of barren hills, wasteland, wasteland, waste ditch and other unused land will not be compensated.

(three) the average compensation standard for individual houses and attachments

1, average compensation standard for houses and attachments.

According to the Code for Design of Resettlement for Land Expropriation in Water Conservancy and Hydropower Project Construction (SL 290-2003) of the Ministry of Water Resources, the compensation for houses and ancillary buildings is calculated according to the reconstruction price of different structural types and quality standards; Compensation for agricultural and sideline production is calculated according to the original facilities, scale and standards.

Other attachment compensation standards are determined according to the actual situation in our city.

2. Average compensation standard for trees and fruit trees.

(1) The area of trees on the forest land shall be compensated according to their species and age (except fruit trees).

(2) The general forest compensation on non-forest land (including surrounding trees and scattered trees and trees in front of and behind the house) shall be calculated according to the standards in the attached table; Evergreen and precious trees compensation standards are calculated according to 3 times of general forest compensation standards.

(3) The compensation for trees in sparse forest land is calculated according to the compensation standard for trees in non-forest land.

(4) Fruit trees are compensated according to tree species and age.

3, other not included in the feasibility study report and unforeseen attachments, according to its original scale, original standard or the principle of restoring the original function, by the people's government at the county level in the resettlement area according to the actual situation in the lump sum funds to solve.

(four) relocation expenses and transitional living allowance

1. Relocation subsidies include relocation transportation expenses, medical expenses, lost time, relocation losses and temporary housing subsidies.

2, the transition period living allowance 400 yuan/person.

(5) Compensation fee for rural collective economy

The compensation standards for rural collective houses and affiliated buildings are the same as those for rural individuals.

(6) Compensation fees for township enterprises.

The compensation standard of rural enterprise houses and affiliated buildings is the same as that of rural individuals. Relocation and transportation are calculated according to the housing area of 80 yuan/m2. The lost time shall be compensated according to the average salary of 3 months. The production stoppage subsidy shall be compensated at 70% of the 3-month profit and tax.

(seven) compensation fees for rural institutions

The compensation standards for houses and affiliated buildings in rural institutions are the same as those for rural individuals. The relocation transportation fee is determined according to the specific physical quantity required for relocation.

(eight) public facilities restoration fees.

The farmer's market is compensated according to the original actual quantity and scale standard.

(9) Compensation fee for small water conservancy facilities

Small water conservancy facilities refer to electromechanical wells, square ponds and pumping stations invested by the state, and compensation is given according to the actual situation and utilization degree of water conservancy facilities.

V. Relocation

(a) Placement methods

Long-term compensation and resettlement include centralized resettlement of immigrants in this city (local centralized resettlement and remote centralized resettlement), resettlement of relatives and friends, resettlement of urban immigrants, centralized support resettlement, resettlement of immigrants buying houses, and resettlement of scattered households in combination with the above methods.

Resettlement policy

1, centralized resettlement of immigrants in this city. There are two forms of centralized resettlement of immigrants: centralized resettlement of local residents and centralized resettlement of construction land in different places. Local centralized resettlement means that immigrants still have some means of production outside the submerged line, and such immigrants are resettled by building centralized resettlement sites in the local area. The resettlement of centralized resettlement sites in different places means that migrants need to build centralized resettlement sites in different places after losing all the means of production.

Local relocation policy requires:

(1) The resettlement authorities shall plan the homestead in a unified way near the original residence of the immigrants, and select the location of the homestead in numerical order.

(2) The people's government at the county level in the resettlement area shall co-ordinate arrangements for "three links and one leveling", schooling and medical care for children in the resettlement area to ensure that the immigrants have a good production and living environment.

(3) The building standards of centralized resettlement sites are decided by the immigrants themselves, who build their own houses.

There are the following requirements for immigrants who voluntarily resettle:

(1) Immigrants should obey the choice of unified resettlement sites.

(2) Immigrants do not receive collective compensation such as land acquisition compensation and resettlement subsidies. Immigrants do not charge compensation fees for telephone, TV and water wells in kind, and the resettlement area will make overall arrangements.

Policies and requirements for centralized resettlement in different places:

The policies and requirements for centralized resettlement in different places are the same as those for local centralized resettlement. The difference is that scattered trees belonging to immigrants above the flooded line placed in different places are compensated according to the standards stipulated by the state.

2. Immigrants are placed by relatives and friends. Resettlement of relatives and friends refers to the personnel who contact and negotiate with relatives and friends on their own.

Land acquisition compensation and resettlement subsidies are calculated according to the "compensation standard" for immigrants to visit relatives and friends to solve the production land and homestead of immigrants.

After the account is moved out, the "two fees" will be remitted to the county-level people's government at the receiving place. And one-time payment of housing and ancillary buildings compensation, resettlement fees and transitional living subsidies for immigrants. Immigrants build their own houses. The immigrant receiving township (town) shall properly arrange the homestead according to the local villagers' standards, and arrange the cultivated land for the immigrants according to the resettlement agreement. At the same time, ensure that immigrants enjoy all political, economic, cultural and educational benefits of local villagers.

3. Immigrants settle in cities. Resettlement of immigrants in cities refers to a form of resettlement in which immigrants voluntarily change from agricultural registered permanent residence to non-agricultural registered permanent residence and seek their own jobs without unified resettlement. Anyone who voluntarily applies to enter the city shall be notarized by the notary department, and the public security department shall go through the formalities for farmers.

People who immigrate to the city for resettlement must meet the following conditions:

(1) Immigrants resettled from rural areas should have certain labor skills, be able to engage in self-employed activities and have strong adaptability to the urban environment.

(2) Generally speaking, the floating population moving from rural areas to non-rural areas should have less means of production and living in rural areas and be able to settle in cities quickly. There are many surplus land resources that cannot be disposed of by themselves, and they will not be considered.

(3) Servicemen, college students and graduates' families may consider resettlement in the city according to their living ability in the city.

Those who meet the above conditions and have the will to settle in the city must issue a guarantee agreement by their relatives and friends or the local government of the township (town) or village, and there is no need for secondary resettlement.

Immigrants who settle in cities enjoy the following preferential policies:

(1) One-time payment of compensation fees for houses and ancillary buildings, land compensation fees, resettlement subsidies, resettlement subsidies and transitional living subsidies for immigrants.

(2) enjoy the same treatment as urban residents for children's enrollment, military service, medical treatment and employment. Those who voluntarily participate in social insurance may participate in social insurance with reference to the insurance measures for landless farmers in our city. Those who meet the minimum living guarantee conditions enjoy the urban minimum living guarantee treatment.

4. Centralized support and resettlement. Centralized support and placement refers to a form of placement for orphans in rural areas who have no children, are completely incapacitated and are under the age of 18, and are placed by township (town) nursing homes and orphanages. Where the voluntary centralized support personnel, by my application, village recommendation, township audit, county (city) approval, signed a resettlement agreement, and notarized by the notary department.

Centralized support and resettlement policy:

(1) Pay the compensation for the house and affiliated buildings in one lump sum.

(2) Land compensation fees and resettlement subsidies shall be paid to the receiving unit.

(3) the living standard of centralized support personnel is not lower than the standard set by the government.

5. Immigrants buy houses for resettlement. Resettlement by purchasing houses means that immigrants voluntarily buy houses that have been idle for a long time in rural areas through government organizations at all levels or contacting relatives and friends, and the land resources of these people have been contracted or abandoned by others for a long time. For land resources, the county government can take the form of expropriation of land resources and allocate these land resources to immigrants who buy houses for resettlement.

Immigration housing settlement policy;

(1) According to the house purchase agreement signed by the buyer and the seller, the resettlement department will pay the compensation fee for the house and ancillary buildings, the resettlement fee and the compensation fee for telephone, television and water wells in the physical investigation in one lump sum.

(two) the scattered trees above the flood line that belong to the individual immigrants shall be compensated according to the standards set by the state.

(3) The sum of the land compensation fee and resettlement compensation fee of the immigrants is the difference between the cultivated land where the immigrants moved out and the cultivated land where they moved in.

(4) The resettlement department is responsible for coordinating the household registration of the immigrant households.

(5) Immigrants enjoy all the political, economic, cultural and educational benefits of local villagers.

6. Decentralized family placement

Decentralized household resettlement refers to a form of household resettlement in some towns, villages and groups within the jurisdiction of this Municipality, part of the land left over from the second round of land adjustment and small-scale reclamation, and idle schools, enterprises and institutions.

Decentralized resettlement policy:

(1) The people's government of the township (town) receiving the resettlement place enjoys the full land compensation fee and resettlement subsidy for solving the production land and homestead of the resettlement place.

(2) according to the progress of building, the resettlement department pays the compensation for houses and ancillary buildings to the immigrants who build houses scattered. If immigrants build their own houses, the people's government of the township (town) that receives resettlement shall solve the homestead according to the local villagers' standards and allocate cultivated land according to the standards of centralized resettlement.

(3) Immigrants enjoy all the political, economic, cultural and educational benefits of local villagers.

(3) Determination of population

1. When signing the resettlement and compensation agreement with the immigrant households, the following people in the flooded area can be included in the immigrant population of the reservoir:

(1) Agricultural and non-agricultural population with official household registration in flood-stricken areas in 2009;

(2) Demobilization, college graduation and reeducation through labor back to the original population;

(3) active duty conscripts, college students, reeducation-through-labor personnel, private teachers, foreign primary and secondary school students, temporary workers, etc. They come from flooded areas;

(4) The population born as planned, legally married and legally adopted;

(5) Rural women married to towns or non-farmers and their children cannot move into the permanent population whose husband has settled down and whose household registration is still in the reservoir area;

(6) childless householders really need to recruit women with children and the population who normally move into the reservoir area because of marriage.

2, the following persons are not included in the reservoir immigrant population:

(1) the population of "empty households" without houses and fields;

(2) Insert the irregular immigrant population of old residents;

(3) the population living in the local area without local household registration;

(4) the population whose accounts have not been cancelled.

3. Identification of immigrant families:

(1) The identification of immigrant households shall be subject to the household registration book issued by the public security organ in principle;

(II) The household registration book does not reflect that there are households, but they have actually lived in households, which meet the conditions of normal households and are recognized by villagers. After posting by villagers' committees and auditing by township (town) people's governments, they can be identified as households.

(3) If both husband and wife have separate accounts for minor children, they shall be deemed as one household;

(4) Widowed, widowed old people and disabled people who have lost the ability to work can open an account with their dependents or legal heirs.

(4) Housing construction

1. Rural residential areas where rural migrants are concentrated shall be relocated according to the scale and standards determined in the approved resettlement plan.

Infrastructure such as roads, water supply and power supply in rural residential areas where rural immigrants are concentrated shall be organized by (township) towns and villages.

2. Immigrants can choose the following ways to build houses:

(1) When immigrants build their own houses, the people's government of the township (town) where they are resettled shall allocate the homestead in a unified way, be responsible for solving the infrastructure and commercial and entertainment service facilities, and pay the compensation for flooded houses and ancillary buildings to the immigrants according to the standard. Appropriate subsidies can be given to social relief population and immigrants from poor families whose compensation expenses are not enough to build basic housing.

(2) The township (town) government allocates the homestead in a unified way, and strives for the immigrants to agree to build houses in a unified way. The unit price of the house is basically the same as the compensation unit price.

(3) If the immigrants choose one-time monetary resettlement, the county (city) government can pay the compensation for houses and ancillary buildings and homestead to the immigrants, and no longer allocate homestead.

3, rural immigrants new housing, homestead land standards:

(1) per capita arable land 1300 square meters of village, each household is not allowed to exceed 400 square meters;

(2) The per capita arable land in the resettlement area is more than 667 square meters, and each village below 1300 square meters (inclusive) is not allowed to exceed 300 square meters;

(3) the per capita arable land in the resettlement area is less than 667 square meters (inclusive), and each household is not allowed to exceed 200 square meters;

According to the actual situation in rural areas and the wishes of immigrants, the area of homestead can be appropriately expanded, and the part beyond the existing homestead area can be included in the contracted land index.

4. 1 Rural floating population can only own 1 homestead. Meet one of the following conditions, you can apply for homestead:

(1) Rural migrants have no homestead;

(2) In addition to the 1 children left by their parents, other adult children really need to set up another portal, and three generations or more live under the same roof, and the existing homestead is lower than the household standard;

(3) according to the principle of identifying immigrant households, allowing them to enter the household;

(4) Retired soldiers who have settled in their hometowns have no homestead and need to build houses.

5, rural resettlement land shall go through the relevant formalities in accordance with relevant laws and regulations.

(5) Preferential policies

1. If relevant procedures need to be handled in the resettlement process, all relevant departments should simplify the procedures and handle them as soon as possible.

2. Immigrants and their children should enjoy the same treatment as local residents in schooling, conscription and joining the army.

3, all relevant departments should integrate funds, in the new rural construction, agricultural development, poverty alleviation, road traffic, irrigation and water conservancy, land management and other aspects to the reservoir area and resettlement area tilt.

4. Municipalities (counties) in resettlement areas can introduce preferential resettlement policies according to local actual conditions.

Immigrant support of intransitive verbs

(1) Scope of support

The scope of later support is the original floating population with agricultural registered permanent residence. The rural migrant population transferred to non-agricultural registered permanent residence is no longer included in the scope of later support. If the population changes naturally during the support period, the policy of "no increase in life and no decrease in death" will be implemented, and the reduced later support funds will be included in local project support.

(two) the scope and duration of support

Immigrants who are included in the scope of later support will be given support according to the standards of 600 yuan every year, and will be supported for 20 years from the date of their completion of relocation.

(3) Support methods

1, direct financial support. For the original immigrants of Qingshan Reservoir, the later support funds are directly distributed to individual immigrants on a quarterly basis.

2. Project support. According to the national immigration policy, the immigrants of Qingshan Reservoir should continue to actively raise funds from other channels to solve the problems of infrastructure construction and long-term economic and social development in the reservoir area and resettlement areas. Focus on strengthening the construction of basic civilian grain fields and supporting water conservancy facilities, strengthening infrastructure construction such as transportation, power supply, communication and social undertakings, strengthening ecological environment construction and environmental protection, strengthening employment skills training and vocational education for immigrant labor, and supporting production development projects that immigrants can directly benefit from through loan interest subsidies and investment subsidies. The existing government funds, including the relevant special funds arranged in the fiscal budget, and various government funds should be inclined to the reservoir area and resettlement. City and county governments should increase capital investment, strive to broaden funding channels, and support the long-term economic and social development of reservoir areas and resettlement areas.

Seven. supplementary terms

Matters not covered in the above resettlement policies and compensation standards shall be implemented in accordance with relevant laws, regulations and documents.

Attachment: Compensation Standard Table for Land Expropriation and Resettlement of Qingshan Reservoir Project

Keywords: notice of resettlement standards for water conservancy migrants

Cc: Municipal Party Committee Office, People's Congress Office, CPPCC Office, Discipline Inspection Commission Office, Court, Procuratorate,

People's organizations and news organizations.

Huludao Municipal People's Government Office issued on July 2065438+2000 16.