Mianyang Municipal People's Government Website

County (city, district) people's governments, high-tech zones, science and technology zones, economic development zones, agricultural zones, science city offices, and relevant departments of the municipal government:

The Interim Measures for the Compensation and Resettlement of Unified Collective Land Expropriation in Mianyang City have been deliberated and adopted at the 25th executive meeting of the Municipal People's Government and are hereby issued to you, please follow them carefully.

27/2003 1 Month

Interim Measures of Mianyang Municipality for the Compensation and Resettlement of Unified Expropriation of Collective Land

Chapter I General Provisions

Article 1 In order to ensure the smooth expropriation of collective land by city and county people's governments, safeguard the legitimate rights and interests of rural collective economic organizations and villagers who have been expropriated, and properly arrange the production and life of landless farmers, according to the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Measures for the Implementation of the Land Administration Law of Sichuan Province and other relevant laws.

Article 2 These Measures shall apply to the expropriation, compensation and resettlement of collectively owned land within the administrative area of Mianyang City.

Third unified land acquisition, compensation and resettlement work under the leadership of the municipal and county people's governments, by the municipal and county land and resources administrative departments responsible for the specific implementation. Planning, planning, labor and social security, civil affairs, public security, letters and visits and other departments shall, in accordance with their respective responsibilities, cooperate with the land and resources management departments to do a good job in land acquisition, compensation and resettlement. The people's government of a township (town) shall actively support the administrative department of land and resources to do a good job in land expropriation, compensation and resettlement, provide the basic information of rural collective economic organizations whose land has been expropriated in this area, and be responsible for assisting in the delineation of new homesteads of land-expropriated households and the resettlement of land-expropriated personnel.

Chapter II Unified Land Requisition

Article 4 The term "unified land requisition" as mentioned in these Measures refers to the administrative act that the people's governments of cities and counties requisition collective land with the approval of the provincial people's government or the State Council according to law for the needs of social interests, and the administrative departments of land and resources of cities and counties compensate the rural collective economic organizations and villagers who have been expropriated according to legal procedures, and turn the land collectively owned by landless farmers into state-owned land.

Fifth Mianyang city planning area (including all kinds of development zones) of the land acquisition work, by the Mianyang City Land Acquisition and Reserve Office specifically undertaken. County (city) unified land acquisition work, the county (city) administrative departments of land and resources unified land collection agencies to organize the implementation.

Sixth unified land acquisition must conform to the overall land use planning and urban construction, and strictly implement the annual land use plan.

Seventh unified land acquisition adopts two ways: land acquisition in batches and land acquisition for national and provincial key construction projects.

Unified expropriation of land into the city and county people's government land reserve management.

Land is requisitioned in batches, and the land requisition funds are paid from the land reserve funds. The land acquisition cost of national and provincial key construction projects shall be paid by the construction unit in the funds allocated by the state.

Eighth construction units shall not directly negotiate with rural collective economic organizations or villagers about land acquisition.

Ninth city and county land and resources administrative departments in accordance with the following procedures to organize the implementation of land acquisition compensation and resettlement work:

(a) to announce the land acquisition plan at the location of the rural collective economic organization where the land is expropriated.

Rural collective economic organizations and villagers whose land has been expropriated shall, within the time limit stipulated in the land requisition announcement, go through the land requisition compensation registration at the place designated by the announcement with the certificate of land ownership.

If the collective economic organizations and villagers whose land has been expropriated fail to go through the registration procedures for land acquisition compensation as scheduled, the compensation content shall be subject to the investigation results of the land acquisition agencies.

(two) the administrative department of land and resources in conjunction with the relevant departments to develop land acquisition compensation and resettlement programs.

(three) the administrative department of land and resources announced the compensation and resettlement plan for land acquisition, and listened to the opinions of collective economic organizations and villagers.

(four) the administrative department of land and resources shall organize the implementation of the land acquisition compensation and resettlement plan approved by the people's government of the city or county according to law.

Disputes over land requisition compensation and resettlement will not affect the implementation of land requisition plan.

(five) the administrative department of land and resources of the city and county shall dismantle the parties according to law.

After compensation, a notice of land delivery shall be issued to the land-expropriated rural collective economic organizations, which shall deliver the land within the time limit specified in the notice without delay or obstruction.

Tenth land expropriation compensation and resettlement according to law, the parties refused to move, the administrative department of land and resources of the people's government of the city or county shall be ordered to move within a time limit; If it fails to move within the time limit, it shall be forced to move with the approval of the people's government of the city or county, and shall be punished according to the Measures for the Implementation of the Land Management Law of the People's Republic of China in Sichuan Province = Article 63.

Chapter III Compensation for Land Requisition

Eleventh land requisition land compensation fees and resettlement subsidies should be paid in accordance with the law, in accordance with the "People's Republic of China (PRC) land management law" and "Sichuan land land management implementation measures".

Article 12 The annual output value of requisitioned cultivated land (grain fields and vegetable fields, the same below) shall be calculated according to the standards stipulated in Items (1) and (2) of Article 40 of the Measures for Implementing the Land Management Law in Sichuan Province.

Article 13 The compensation standards for ground attachments and young crops shall be implemented according to the Provisions of the People's Government of Sichuan Province on the Compensation Standards for Land Attachments and Young crops in Mianyang City (Chuanfuhan [2001] No.57).

Requisition of orchard, tea garden, mulberry garden and nursery land 1? 2-3 times the compensation fee for seedlings on the ground.

Land requisition and demolition of villagers' houses need to be built in different places. Villagers' residential areas in urban planning or rural construction planning shall be demarcated according to the land use standards stipulated in Article 52 of the Implementation Measures of Sichuan Province.

Fourteenth the following attachments on the ground shall not be compensated:

(a) buildings (structures) without legal land ownership certificates or other legal warrants.

(2) Crops, flowers, trees and buildings that have been planted or scrambled since the announcement of the land requisition plan approved according to law or the date of land requisition approved according to law;

(3) Above-ground buildings (structures) exceeding the approved service life;

(four) buildings (structures) built by illegal occupation of land;

(5) Natural and wild shrubs.

Article 15 The buildings (structures) owned by land acquisition and demolition units with land ownership certificates and other legal certificates shall be compensated according to the Reply of the People's Government of Sichuan Province on the Compensation Standards for Land Acquisition Attachments and Young Crops in Mianyang City (Chuanfuhan [2001] No.57). The relocation losses (including relocation losses and shutdown losses), relocation freight and relocation expenses of hydropower facilities involved in the relocation unit shall be compensated according to 10- 15% of the total compensation of the buildings (structures) of the unit.

Sixteenth roads and water conservancy facilities retained according to the planning needs after land acquisition shall be restored or properly compensated by the land acquisition unit.

Seventeenth land acquisition compensation subsidies shall be paid in full within three months from the date of approval of the compensation and resettlement plan, and shall be managed and used in accordance with the following provisions:

(a) land compensation fees paid to rural collective economic organizations, for the development of production, arrangements for the employment of surplus labor caused by land acquisition and living allowances for unemployed people. Its use shall be decided by the villagers' meeting or the villagers' representative meeting and reported to the township (town) people's government for approval before implementation.

(two) the need for resettlement by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, the management and use of rural collective economic organizations.

(three) personnel who need to be resettled by other units shall pay resettlement subsidies to the resettlement units.

(4) If the cultivated land of rural collective economic organizations has been completely requisitioned, the organizational system of rural collective economic organizations has been revoked according to law, and the agricultural population has been completely resettled, the land compensation fee and resettlement subsidy shall be used by the resettlement unit for the resettlement of people after land acquisition; The property of the former rural collective economic organization shall be registered and published to the villagers for the resettlement of the personnel of the rural collective economic organization.

(5) Compensation fees for ground attachments and young crops shall be paid to the owners of ground attachments and young crops.

The use of land compensation fees, resettlement subsidies and other related expenses of the expropriated land shall be announced to all villagers of the expropriated land, and no unit or individual may privately divide, transfer, misappropriate or intercept it.

Chapter IV Personnel Placement

Eighteenth rural collective economic organizations of cultivated land is expropriated according to law, the rural collective economic organizations should be revoked according to law, and all the original rural hukou into non-agricultural population; If part of cultivated land is requisitioned, the number of people from rural areas to non-rural areas shall be calculated according to the number of requisitioned cultivated land divided by the number of previously occupied cultivated land; According to the number of cultivated land requisitioned divided by the number of cultivated land occupied by Laoping before requisition, the number of labor force to be resettled is calculated.

Nineteenth categories of rural residents:

(1) Male farmers aged 18-60 and female farmers aged 18-50 who can participate in productive labor all the year round are the resettlement targets for rural non-labor force.

(two) men over 60 years old (including 60 years old), women over 50 years old (including 50 years old) for early retirement placement personnel.

(three) 18 years of age, farmers are dependent.

The age of farmers shall be calculated on the date of the announcement of the land acquisition plan approved according to law.

Article 20 The proportion and number of resettlement objects, early retirement resettlement personnel and dependents of rural collective economic organizations whose land has been expropriated shall be determined according to the proportion of the above three categories of personnel in the total registered population.

Twenty-first rural migrant workers can be resettled through self-employment and unit resettlement.

Rural non-labor self-employed, upon my application, to the resettlement subsidies.

Self-employed; Placed by the unit, the resettlement subsidy will be allocated to the resettlement unit in one lump sum.

Twenty-second upon my written application, the administrative department of land and resources may hand over all or half of the farmers' resettlement subsidies to the insurance company approved by the China Insurance Regulatory Commission to handle the savings endowment insurance, or to the social security department to implement the minimum social security.

Twenty-third rural dependents, a one-time living allowance of 6000 yuan.

Twenty-fourth farmers' five guarantees, disabled persons who have lost their labor force and have no guardians, the resettlement subsidy will be paid to the local government in one lump sum, and the local government will resettle them according to the regulations.

Twenty-fifth original registered permanent residence in the scope of land acquisition, is a farmer's soldier, the resettlement subsidies allocated to the local government, retired to their hometown, by the local government in accordance with the provisions of resettlement.

Twenty-sixth of the prisoners, reeducation through labor, the original household registration within the scope of land acquisition, resettlement subsidies paid to the local government, after being released from prison or released from reeducation through labor, by the local government in accordance with the provisions.

Twenty-seventh from the date of publication of the land acquisition plan approved according to law, new immigrants shall not be resettled except those who are married and have children according to law.

Article 28. Retirees who have settled in their hometowns after retirement, people who have moved in without contracted land before land acquisition, and empty households belong to the scope of farmers, and only registered farmers are no longer resettled according to the provisions of this chapter.

Article 29 Land-expropriated rural collective economic organizations shall, according to the approved rural residents' indicators, put forward a list of land-expropriated rural residents through certain democratic procedures, and post it in the local area. If there is no objection, it will be sent to the township (town) government and the local police station for examination and approval after seven days, and then reported to the higher public security department for examination and approval, and also reported to the administrative department of land and resources for the record.

Rural residents shall go through the formalities of rural residents' household registration within 6 months from the date of approval of the land acquisition plan. If it is not done within the time limit, it will be given up automatically and will not be included in the agricultural population base of the next land acquisition.

Chapter V Supplementary Provisions

Thirtieth national and provincial people's government key construction projects have other provisions on land acquisition compensation and resettlement standards, from those provisions.

Thirty-first specific issues in the application of these Measures shall be interpreted by the administrative department of land and resources of Mianyang City.

Article 32 These Measures shall be implemented as of the date of promulgation.