20 19 sihong rural insurance compensation standard

Order of Jiangsu Provincial People's Government

sequence

26

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The "measures" of Jiangsu province for land requisition compensation and basic living guarantee for landless farmers have been discussed and passed at the fifty-third executive meeting of the provincial government on July 26, 2005, and are hereby promulgated and shall come into force as of September 6, 2005.

governor of a province

beam

July 3, 20051day

Measures of Jiangsu Province on Compensation for Land Expropriation and Basic Living Security for Land Expropriated Farmers

first

In order to protect the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, ensure the basic livelihood of land-expropriated farmers, and strengthen the management of land expropriation compensation and basic livelihood security resettlement, according to the Land and Land Management Law of People's Republic of China (PRC), Labor Law of People's Republic of China (PRC), Rural Land Contract Law of People's Republic of China (PRC), Regulations on Land Management of Jiangsu Province and Regulations on the Protection of Rural Land Contract Management Right of Jiangsu Province.

second

The measures referred to in land acquisition compensation and basic livelihood security for landless peasants refer to the behavior of the state to compensate landless peasants and rural collective economic organizations in accordance with the law after expropriation of land collectively owned by peasants, and to establish a basic livelihood security system for landless peasants to ensure their basic livelihood.

essay

These Measures shall apply to the compensation for land requisition within the administrative area of this province. Expropriation of land collectively owned by farmers in urban planning areas shall establish the basic living guarantee for landless farmers in accordance with these measures; Expropriation of land collectively owned by farmers outside the urban planning area can establish the basic living guarantee for landless farmers with reference to these measures.

Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council.

The compensation standard for collecting coal mining subsidence land shall be stipulated separately.

In the urban planning areas of cities and counties, before the implementation of these measures, the village groups with per capita arable land less than 0. 1 mu, after being revoked with the approval of law, the original rural residents will be converted into urban residents and incorporated into the urban social security system according to regulations, and these measures are not applicable.

Fourth city and county people's governments are responsible for land acquisition compensation and the basic living security of landless farmers. Land administrative departments shall be specifically responsible for the payment of land acquisition compensation and land acquisition compensation and resettlement fees; The labor and social security departments are specifically responsible for the issuance and management of the basic living security funds for landless farmers, and the specific work shall be handled by the agricultural insurance agencies of the labor and social security departments at all levels; The financial department is specifically responsible for the management of the basic living security funds for landless farmers; The audit department shall strengthen the audit and supervision of the compensation funds for land acquisition and the basic living security funds for land-expropriated farmers according to law; Supervision, public security and other departments shall, in accordance with their respective responsibilities, cooperate with relevant work.

Article 5

According to the land value and the level of economic and social development, the whole province is divided into four regions, and the corresponding land acquisition compensation and basic living security standards are implemented. The basic living standard should be adjusted according to the local economic and social development level.

Article 6

City and county land administrative departments shall establish a rural collective economic organization land quantity change account; The labor and social security department shall record the basic living security of landless farmers in their personal accounts; Public security departments should do a good job in household registration management.

Article 7

Requisition of land collectively owned by farmers according to law must be fully compensated in accordance with regulations.

Compensation and resettlement fees for land acquisition include land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees.

Article 8

The land compensation fee for requisitioned cultivated land is 10 times of the average annual output value of the cultivated land in the three years before requisition.

The minimum standard of the average annual output value of cultivated land in the first three years as stipulated in the preceding paragraph is:

(a) a class of area per mu 1800 yuan;

(two) the second area per mu 1600 yuan;

(3) Three types of areas per mu 1.4 million yuan;

(4) Four types of areas per mu 1200 yuan.

The land compensation standard for expropriation of other land shall be raised by the Municipal People's Government in accordance with the provisions of Article 26 and the preceding paragraph of the Regulations on Land Management in Jiangsu Province.

Article 9

Subsidies for land acquisition and resettlement shall be calculated according to the number of landless farmers who need resettlement. The minimum resettlement subsidies for each landless farmer in the first, second, third and fourth categories are 20,000 yuan, 17000 yuan, 13000 yuan and 1 1000 yuan respectively.

The number of land-expropriated farmers who need to be resettled, and the number of cultivated land requisitioned, shall be calculated by dividing the number of cultivated land requisitioned by the number of cultivated land per capita of the land-expropriated unit before land requisition; If other agricultural land is expropriated, it shall be calculated according to the total land compensation fee divided by 70% of the local per capita resettlement subsidy.

Article 10

The land administrative department of the people's government of the city or county shall, within 3 months from the date of approval of the land acquisition compensation and resettlement plan, pay in full the land acquisition compensation and resettlement expenses of the land-expropriated farmers who have not entered the basic living security and the living allowance for people below 16 according to the regulations; Not less than 70% of the agricultural land compensation fee and the resettlement subsidy for land-expropriated farmers that are all included in the basic living guarantee are included in the financial special account of the basic living guarantee fund for land-expropriated farmers set up by the financial department at the same level in the bank, and the ground attachments and young crops compensation fees are paid to their owners; Pay surplus land compensation fees to rural collective economic organizations.

Rural collective economic organizations and their members have the right to refuse to pay the land expropriation compensation and resettlement fees if they are not fully paid; Land acquisition compensation and resettlement subsidies in full, the landless rural collective economic organizations and their members shall not delay the delivery of land.

Article 11 Land compensation fees paid to rural collective economic organizations shall be included in the management of provident fund, and must be used to solve the living problems of landless peasants left over from history, and rural collective economic organizations shall develop production and public welfare undertakings, and shall not be used for other purposes.

Article 12

Gradually establish a regional price system for land acquisition compensation and resettlement. The municipal and county people's governments can determine the regional price of land acquisition compensation and resettlement according to the land location conditions, and determine the land acquisition compensation and resettlement fees according to the regional price.

The zoning price shall be formulated by the provincial land administrative department in conjunction with the provincial price and finance department, and shall be announced after being approved by the provincial people's government.

Article 13

Sources of basic living security funds for landless farmers include:

(a) not less than 70% of the land compensation fee for agricultural land and all resettlement subsidies;

(two) the part extracted by the government from the paid land use income such as land transfer fees;

(three) the interest and value-added income of the basic living security funds for landless farmers;

(four) other funds that can be used for the basic living security of landless farmers.

The municipal and county people's governments shall extract a certain amount of land transfer fees and other funds from the paid land use income and enter the special account for the basic living security funds of landless farmers. The amount extracted from the first, second, third and fourth areas is calculated according to the newly requisitioned land area, and it is not less than 1.3 million yuan, 1.0 million yuan, 9,000 yuan and 8,000 yuan per mu.

The basic living security funds are insufficient to pay, and the financial department at the same level is responsible for solving it.

Article 14

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

Resettlement subsidies and land compensation fees for agricultural land of not less than 70% are included in personal accounts. If a person who implements basic living security dies, the balance of principal and interest in his personal account can be inherited according to law.

The financial department of the people's government of the city or county shall, within 3 months from the date of approval of the compensation and resettlement plan for land acquisition, transfer the government contribution in full to the social pooling account according to the newly requisitioned land area provided by the land administrative department.

Article 15

The financial department of the people's government of the city or county shall, according to the payment plan for the basic living security of landless peasants, regularly transfer the basic living security funds of landless peasants into the basic living security households established by the labor and social security departments in the bank to ensure the timely and full payment of the basic living security funds of landless peasants.

Article 16

The land-expropriated farmers are divided into the following four age groups based on the date of approval of the land acquisition compensation and resettlement plan:

(1) the first age group1under 6 years old;

(2) The second age group is female 16 to 45 years old, and male 16 to 50 years old;

(3) In the third age group, women are 45 to 55 years old and men are 50 to 60 years old;

(three) the fourth age group (pension age) women over 55 years old, men over 60 years old.

The "above" mentioned in the preceding paragraph includes this number.

All localities can make reasonable adjustments to the age division and age span according to the principle that is conducive to the implementation of basic living security.

Article 17

Farmers whose land has been expropriated shall be born from the members of the rural collective economic organizations that owned the land before land expropriation and assumed agricultural obligations, and the original land contractor shall have the preemptive right. Specific measures shall be formulated by the municipal and county people's governments in accordance with relevant regulations.

The proportion of land-expropriated farmers of all ages should be basically the same as that of land-expropriated units of all ages before land expropriation.

The list of farmers whose land has been expropriated shall be put forward with the consent of more than half of the members of the rural collective economic organizations whose land has been expropriated, and shall be determined by the people's government at the county level after being audited by the township people's government. After confirmation, it shall be publicized at the location of the rural collective economic organization where the land is expropriated.

Article 18

People in the first age group receive a one-time living allowance of not less than 6,000 yuan, 5,000 yuan, 4,000 yuan and 3,000 yuan respectively in the first, second, third and fourth categories; After receiving a one-time living allowance, people of this age group will no longer be included in the scope of basic living security as stipulated in these Measures.

Article 19

People in the second, third and fourth age groups can choose whether to participate in the basic living security. People's governments at all levels shall take active measures to encourage and support landless farmers to participate in the basic living security.

Land-expropriated farmers who implement basic living security shall implement different security standards according to different regions and different age groups:

(1) People in the second age group will receive a monthly living allowance from the month when the basic living guarantee is implemented, with a term of 2 years. When they reach the age of receiving a pension, they will receive a monthly pension.

(two) the third age group, from the implementation of the basic living guarantee to the retirement age, receive a monthly living allowance; When you reach the old-age age, you receive a monthly pension.

(3) Persons in the fourth age group receive a monthly pension from the month when the basic living guarantee is implemented.

The basic living standard of land-expropriated farmers in cities and counties shall not be lower than the minimum standards stipulated in these Measures.

Article 20

Conditional areas, according to the principle of voluntariness, will be the basic living security of landless farmers into the urban social security system. Specific measures shall be formulated by the Municipal People's Government.

Article 21

Land-expropriated farmers who meet the local rural subsistence allowances can enjoy rural subsistence allowances; Land-expropriated farmers who are not included in the urban social security system can participate in the new rural cooperative medical system.

Article 22

All localities should provide pre-employment skills training for landless farmers and create conditions for their employment.

Twenty-third basic living security funds are not paid in full and on time, and the administrative responsibility of the relevant personnel shall be investigated according to law.

Article 24

State functionaries who neglect their duties, abuse their powers or engage in malpractices for selfish ends in land acquisition compensation and the work of ensuring the basic livelihood of landless farmers shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

By land acquisition units or relevant departments to resort to deceit, impersonator, interception, misappropriation of land acquisition compensation and resettlement fees, by the land administrative departments of the people's governments at or above the county level shall be ordered to make corrections, and the administrative responsibility of the person in charge and other directly responsible personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Obstruct, destroy the land acquisition work, prevent land managers from performing official duties according to law, and be punished by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.

Twenty-fifth Municipal People's government shall formulate detailed rules for implementation according to these measures, and report to the provincial people's government for the record.

Article 26

These Measures shall be implemented as of September 6, 2005.

Attachment: 1 Classification table of standard area for land requisition compensation

2. Minimum standard table of basic living guarantee for landless farmers.

Attachment 1:

Land requisition compensation standard regional classification table

kind

land

administrative region

A type of ...

Xuanwu District, Gulou District, baixia district, Qinhuai District, jianye district, Xiaguan District, Qixia District, Yuhuatai District, Jiangning District, Chong 'an District, nanchang district, Beitang District, Binhu District, Xishan District, Huishan District, Tianning District of Jiangyin City, Zhonglou District, Qishuyan District, Wujin District, Xinbei District of Changzhou City, Pingjiang District and Cangcang District of Suzhou City.

The second category/category

Liuhe District and Pukou District in Nanjing, Yixing City, Jintan City and liyang city City, Chongchuan District and Gangzha District in Nantong City, Guangling District and weiyang district City in Yangzhou City, Jingkou District and Runzhou District in Zhenjiang City, Hailing District and gaogang district City in Taizhou City.

Three categories

Lishui County, Gaochun County, Yunlong District, Gulou District, quanshan district City, Hai 'an County, Rugao City, Tongzhou City, Rudong County, Haimen City, Qidong City, Xinpu District and Haizhou District of Lianyungang City, Qinghe District and Qingpu District of Huai 'an City, tinghu district City of Yancheng City, Hanjiang District, Baoying County, Gaoyou City, Yizheng City, Jiangdu City and Zhenjiang City.

Four categories

Jiawang district, Jiuli, Pizhou, xinyi city, Fengxian, Peixian, Tongshan, Suining, Lianyun, Ganyu, Donghai, Guanyun, guannan county, Huaiyin, Chuzhou, Lianshui, Hongze, Xuyi, Jinhu, Yandu, Xiangshui and Binhai in Xuzhou.

Annex 2: Minimum Standard Table of Basic Living Security for Landless Farmers

region

age group

Minimum guarantee standard (RMB)

/

Month)

pension

subsistence allowance

A type of ...

The second age group

/

160

The third age group

/

140

The fourth age group

200

/

The second category/category

The second age group

/

140

The third age group

/

120

The fourth age group

170

/

Three categories

The second age group

/

120

The third age group

/

100

The fourth age group

140

/

Four categories

The second age group

/

100

The third age group

/

80

The fourth age group

120

/

Questions and Answers on Laws and Regulations Related to Land Requisition and Demolition

1. What are the legal provisions for land requisition for construction land?

A: According to Article 23 of the Regulations on Land Management in Jiangsu Province, if land collectively owned by farmers is requisitioned and state-owned land is used for construction, unified requisition and unified land supply shall be implemented. When construction occupies land, the construction unit or individual shall apply to the land administrative department in accordance with the relevant approval documents stipulated by laws and administrative regulations, and the people's government at or above the county level shall approve it in accordance with the statutory examination and approval authority and procedures. "

2. What are the new regulations on land acquisition compensation?

A: Article 6 of the Measures stipulates that land collectively owned by farmers must be requisitioned in full according to regulations. Land requisition compensation includes land compensation fee, resettlement subsidy, ground attachments and young crops compensation fee. The compensation standard for land requisition shall be implemented according to the provisions of document Yan [2004]7 1.

The land requisition compensation and resettlement fees shall be paid in full within 3 months from the date of approval of the land requisition compensation and resettlement scheme, and the municipal land and resources management department shall make an announcement in time at the location of the rural economic organization whose land has been expropriated, and transfer the resettlement subsidies and 70% of the land compensation fees in full to the special account for the basic living guarantee fund of the landless farmers set up by the municipal finance department in the bank, pay 30% of the land compensation fees to the rural collective economic organizations whose land has been expropriated, and pay the attachments and young crops compensation fees to the owners.

Land compensation fees paid to rural collective economic organizations shall be included in the management of provident fund to solve the living problems of landless farmers left over from history. Collective economic organizations shall develop production and public welfare undertakings and shall not be used for other purposes.

3. What is the basic living guarantee for landless farmers?

A: Article 2 of the Measures stipulates: "The basic livelihood guarantee for landless peasants as mentioned in these Measures refers to the act that the state gives reasonable compensation to landless peasants and rural collective economic organizations according to law after the land collectively owned by peasants is expropriated as state-owned, and establishes a basic livelihood guarantee system for landless peasants to ensure their basic livelihood."

The term "landless peasants" as mentioned in these Measures refers to the personnel who need to be resettled from the members of the collective economic organization after the land collectively owned by peasants is expropriated as state-owned.

4. What is the performance of the adjustment and improvement of the compensation standard for land acquisition in the new district?

A: In order to protect the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, and to ensure the basic livelihood of land-expropriated farmers, the provincial government and the Yancheng Municipal Government have successively made decisions to adjust and improve the compensation standards for land expropriation (Su [2003] No.31No.and Yan [2004] No.71), and determined the compensation standards for land expropriation.

(1) Land compensation fee: the land compensation fee for requisitioned cultivated land in our city is 10 times of the average annual output value of the cultivated land in the three years before requisition, and the minimum standard is 12000 yuan per mu.

(2) Resettlement subsidy: The resettlement compensation for requisitioned farmland is calculated according to the number of landless peasants who need to be resettled. The number of land-expropriated farmers who need to be resettled shall be calculated according to the amount of cultivated land expropriated divided by the average amount of cultivated land occupied by rural collective economic organizations before land expropriation. For every landless farmer who needs to be resettled, the minimum standard of resettlement subsidy in our city is set at 1 1000 yuan.

The resettlement subsidy for requisition of other agricultural land shall be calculated according to 70% of the land compensation standard. Requisition of unused land and non-agricultural construction land does not pay resettlement subsidies.

5. Which government departments are responsible for the implementation of the basic living security system for landless farmers?

A: Article 4 of the Measures stipulates that the Municipal People's Government shall be responsible for organizing and implementing the basic living guarantee for landless farmers. City land and resources management department is responsible for the development of land acquisition compensation and resettlement programs and the collection and payment of compensation and resettlement fees; The municipal finance department is responsible for the implementation of the basic living security funds for landless farmers and the management, allocation and supervision of the basic living security funds for landless farmers; The municipal labor and social security department is responsible for handling and issuing the basic living security funds for landless farmers, and establishing corresponding management accounts; Municipal public security, civil affairs, supervision, auditing and other departments, in accordance with their respective responsibilities, * * * do a good job in related work.

6. What are the sources of basic living security funds for landless farmers?

A: Article 9 of the Measures stipulates that the sources of basic living security funds for landless farmers include:

(1) Resettlement subsidy and 70% land compensation fee;

(II) The Municipal People's Government shall calculate the area of newly requisitioned construction land in the current year from the land use income such as land transfer fees, and allocate 8000 yuan per mu to the special account of basic living guarantee funds for landless farmers, and establish a basic living guarantee risk fund to supplement the insufficient part of basic living guarantee funds for landless farmers;

(3) The interest on the basic living security fund for landless farmers is extremely value-added income.

(four) other funds that can be used for the basic living security of landless farmers.

The basic living security funds are insufficient to pay, and the financial department is responsible for solving it.

7. An account for paying the basic living security funds for landless farmers?

A: Article 10 of the Measures stipulates that the special account for the basic living security fund for land-expropriated farmers consists of the individual account for the basic living security of land-expropriated farmers and the social pooling account.

Resettlement subsidies and 70% of land compensation fees are paid into personal accounts. If the person who implements the basic living guarantee dies, the balance of principal and interest in his personal account shall be settled to his legal heir in one lump sum.

The basic living security funds funded by the Municipal People's Government shall enter the social pooling account in full within three months from the date when the financial department approves the land acquisition compensation and resettlement plan.

Article 16 stipulates that the subsistence allowance and pension for landless peasants shall be paid from their personal accounts first, and if the personal accounts are insufficient, they shall be paid from the social pooling accounts.

Second, the relevant provisions of the house demolition:

1. What is the procedure for house demolition?

Answer: (1) The demolisher applies for the demolition permit;

(2) the demolition department issued a demolition notice;

(3) evaluation of qualified units;

(4) The signing of the agreement shall be carried out by a unit with the qualification of demolition implementation;

(five) to the demolition of housing, housing demolition compensation;

(6) Units with the qualification to demolish old houses.

2. Methods and standards for house demolition assessment?

(1) The price of house demolition compensation is evaluated by market comparison method, cost method and other evaluation principles, combined with the routine determination of house demolition compensation. Its calculation formula is:

Appraisal price of compensation for demolition of residential houses = [replacement price of houses × innovation rate+location benchmark price × floor area ratio] × legal construction area+legal land compensation price greater than construction area.

(2) The evaluation of compensation price for business house demolition is based on the principles of route price evaluation, market comparison method and cost method, combined with the routine determination of compensation for business house demolition. Its formula:

Appraisal price of compensation for business house demolition = [replacement price of house × innovation rate+location benchmark price of commercial route × floor coefficient × street state coefficient × orientation coefficient ]× legal business building area.

(3) Identification of business premises in our city: Houses built before 1984, 65438+June 5 can be recognized as business premises only if they are operated or leased as business premises from this point, and hold relevant certificates such as industrial and commercial business licenses, and continue to operate until now and pay annual rent according to regulations.

Houses built after 1984 1.5 shall be subject to the purposes indicated in the property ownership certificate and the construction project planning permit. If the purpose is not indicated, the purpose recorded in the property right file shall prevail.

4. How to compensate for the demolition of public houses?

Answer: For the public residential houses directly managed by the demolition unit or the public residential houses managed by the unit (including non-complete houses), if the demolished person chooses to exchange property rights, the demolished person will be responsible for moving on schedule, and the resettlement house will still be rented by the original lessee, and the two parties will re-enter into a housing lease contract; If the demolished person and the lessee choose monetary compensation, the replacement price of the demolished house will be merged into a new part of compensation to be paid to the owner of the demolished house, and the rest will be paid to the lessee, who will be responsible for moving on schedule.

5. How to make a demolition ruling?

Answer: If the demolisher and the demolished cannot reach an agreement on compensation and resettlement for demolition, the house demolition management department will make a ruling upon the application of the parties concerned. If a party refuses to accept the award, he may bring a lawsuit to the people's court within three months from the date of service of the award. Demolition in accordance with the provisions of the demolition has been given monetary compensation or relocation of housing, housing turnover, not to stop the implementation of the demolition during the proceedings.

The standards are formulated by the municipal government authorized by the provincial government.

The calculation formula is:

(1) Land compensation fee = mu of expropriated land * annual output value * compensation multiple.

(2) Resettlement subsidy = number of people to be resettled * annual output value * compensation multiple

Number of people to be resettled = number of land requisitioned/number of cultivated land allocated per capita before land requisition.

Calculation formula of annual output value:

1, average annual output value of the first three years = {(former 1 annual output value+former 2 annual output values+former 3 annual output values) ÷3}

2. Annual output value = {(output× 20% )× market price}+(output× market price)

The output is subject to the year-end statistics of the local government, and the market guidance price is subject to the price department of the local government.

Factors to be considered: land type, output value, land location, per capita arable land, land supply and demand, local economic development level, and minimum living security level for urban residents.

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