What are the detailed rules for land acquisition compensation and resettlement in Nanjing?

First, the demolition compensation and resettlement mode 1. Means of Demolition According to Article 5 of the Measures, the compensation and resettlement methods for land-expropriated houses can be divided into monetary compensation and unified demolition and construction. In principle, monetary compensation shall be implemented for the demolition of residential houses. For individual demolition projects that have not been cancelled in the process of land acquisition, if the demolished people can still engage in agricultural production and there is no supply of resettlement houses, unified demolition and construction can be implemented on the premise of conforming to the overall urban planning, land use planning and urban construction planning. The demolition of non-residential houses shall be subject to monetary compensation. 2. Compensation Amount If monetary compensation or unified demolition and construction is implemented for residential house demolition, the monetary compensation for the demolished person includes six items: ① compensation for demolition; ② Decoration compensation fee; ③ Moving expenses and transition expenses; (4) telephone, cable TV, air conditioning, gas and other demolition compensation; ⑤ Compensation fees for fences, floors and roads; ⑥ incentive fee for moving in advance. Among them, if monetary compensation is implemented, the demolition compensation includes: ① compensation for the original house; ② Compensation for house purchase; ③ Location compensation; Unified demolition and unified construction, demolition compensation includes: ① compensation for the original house; (2) Housing subsidies. For the demolition of non-residential houses, the monetary compensation for the demolished includes seven items: ① compensation for demolition; ② Decoration compensation fee; (3) telephone, cable TV, air conditioning, gas and other demolition compensation; (4) Compensation fees for fences, grounds and roads; (5) Equipment removal, installation and relocation expenses; 6. Compensation for business suspension; ⑦ Compensation for the inability to relocate and reinstall equipment in special industries. Among them, the cost of equipment dismantling, installation and relocation and the compensation for suspension of business are calculated on the basis of relocation compensation. Demolition compensation includes original house compensation and location compensation. 3, the demolition cost of residential housing monetary compensation, the demolition of people to give up the purchase of resettlement housing and notarized, can receive monetary compensation. If the demolition person purchases the demolition resettlement house, the demolition compensation in monetary compensation shall be paid directly by the demolition implementation unit to the financial special account of the demolition resettlement house in the district where it is located, and shall be settled as the purchase price of the demolition person; Other compensation expenses in monetary compensation shall be paid by the demolition implementation unit to the demolished person. People who have been demolished can only use the compensation for demolition to buy resettlement houses, and other compensation expenses shall not be included in the purchase price. Residential housing demolition unified demolition unified construction, monetary compensation in the demolition compensation by the street office directly paid to the unified demolition unified construction special account, as the construction cost, not demolition; Other compensation expenses in monetary compensation shall be paid by the street office to the demolished person. The fees for supporting public facilities and the expenses that may occur when going through the formalities of transferring farmers as stipulated in Article 23 of the Measures shall be paid by residents to the special account for unified demolition and unified construction, which shall be used for special purposes. In accordance with the foregoing provisions, if the compensation for demolition and relocation is paid directly to the financial special account of the district demolition and resettlement housing or the special account of unified demolition and construction, the interest will be returned to the demolition person, and the demolition and resettlement housing construction party will settle with it when choosing the house. The interest period starts from the date of disbursement of funds and ends on the date of house selection. Interest-bearing standard shall be implemented according to the bank deposit rate of the same period. Demolition of non-residential houses, monetary compensation paid by the demolition implementation unit to the demolition. Two. 4. Matters related to the demolition and resettlement housing. Resettlement Housing Plan According to the provisions of Article 6 of the Measures, the eight district governments in the south of the Yangtze River shall make overall consideration of the overall scale, specific projects, construction sites, construction progress and housing supply of the resettlement houses in the current year, and report them to the Municipal Bureau of Land and Resources and the Municipal Real Estate Administration for the record and organize their implementation. 5. The planning department of demolition and resettlement houses shall do a good job in the planning of demolition and resettlement houses in all districts according to the annual construction plan of demolition and resettlement houses in all districts and the project approval documents of the competent investment department, the overall urban planning, land use planning and urban construction planning, and the principle of "relative proximity" to ensure the implementation of the location of demolition and resettlement houses. 6. According to the provisions of Article 7 of the Measures, the Municipal Price Bureau shall, jointly with the Municipal Bureau of Land and Resources, timely formulate and publish the benchmark price range for the demolition and resettlement houses outside the ring road. The benchmark price of specific demolition and resettlement housing projects in each district shall be determined by the local district government within the benchmark price range in accordance with the demolition and resettlement housing pricing method stipulated by the Municipal Price Bureau, and reported to the Municipal Price Bureau, the Municipal Bureau of Land and Resources and the Municipal Housing Authority for the record; If it is really necessary to exceed the upper limit of the benchmark price range, and the benchmark price of the demolition and resettlement houses located within the highway around the city is determined, it must be examined and approved by the Municipal Price Bureau and the Municipal Bureau of Land and Resources after preliminary examination. After the completion of each district, the specific demolition and resettlement housing projects will be reported to the Municipal Price Bureau for factual verification. If there is a difference between the benchmark price announced by the district government before the construction and the actual approved price after the completion, it will still be supplied according to the published benchmark price. The floor and orientation price difference of resettlement houses shall be formulated and published by the district governments in accordance with the relevant provisions of the Municipal Price Bureau while determining the benchmark price of resettlement houses. 7. Resettlement fund management and balance The financial accounts of resettlement houses should be set up in all districts. In principle, closed management of funds should be implemented according to the project to achieve a basic balance of construction and sales funds. For the demolition project with the total contracted demolition expenses in each district, if there is a difference between the benchmark price announced by the demolition resettlement house and the actual approved price after completion, the district government will balance it by itself; For the actual settlement of the demolition costs of the demolition project, the difference is resolved by the district government and the demolition. According to the provisions of Item (3) of Article 29 of the Measures, the purchase money for the over-area purchase of demolition and resettlement houses is included in the financial accounts of the district demolition and resettlement houses, which is earmarked for the balance of funds for the construction of demolition and resettlement houses. The demolition implementation unit shall, within 7 working days after obtaining the approval of demolition, pay not less than 30% of the total cost of demolition to the financial special account of the demolition resettlement house in the district where it is located, and the district government will use it specially after implementing the demolition resettlement house construction unit. 8. Construction, supply and management of resettlement houses. Resettlement housing still belongs to the category of affordable housing, which refers to the policy housing that the government provides preferential policies, limits construction standards, supply targets and sales prices, and has the nature of security. City Real Estate Management Bureau is the administrative department in charge of the construction, supply and management of resettlement houses in this Municipality, and the Municipal Housing System Reform Office (the Municipal Housing Reform Office) undertakes the daily work of the construction, supply and management of resettlement houses. The division of labor of the relevant functional departments of the municipal government refers to the original provisions on affordable housing. The construction, supply and management of resettlement houses and related preferential policies shall be implemented with reference to the relevant provisions of the Detailed Rules for the Implementation of the Management of Affordable Housing in Nanjing. The supply target of demolition and resettlement houses is the people whose houses are expropriated in this city, and the demolition and resettlement houses are built by the local district government. The specific measures for the construction, supply and management of resettlement houses shall be formulated by the Municipal Housing Authority. 9. Cross-regional resettlement of demolition and resettlement houses According to Article 6 of the Measures, if the demolition project really needs cross-regional construction and supply of demolition and resettlement houses due to planning, land and other reasons, the district where the demolition project is located shall apply to the Municipal Real Estate Management Bureau. After approval by the municipal government, the Municipal Real Estate Management Bureau will take the lead in coordinating the implementation of cross-regional construction and supply of demolition and resettlement houses by the Municipal Construction Committee, planning, price, land and other departments and relevant districts, which shall include the main body of construction, funding arrangements and methods. Three. Related matters suspended 10. According to the provisions of Article 12 of the Measures, after the announcement of land acquisition is issued (subject to the use of the remaining state-owned land demolished by the Group and the time of obtaining the approval documents for land use, the same below), the demolisher shall apply to the Municipal Collective Land Housing Demolition Management Office for suspending the relevant matters within the scope of expropriation (use), and submit an application for suspension, planning approval documents and expropriation (the same below) when applying. 1 1. Notice and announcement of suspension. After receiving the application for suspension, the municipal collective land and housing demolition management office shall complete the review within 7 working days; After examination and approval, a Notice of Suspending Matters will be issued and served to residents, local administrative departments in charge of planning, construction, household registration, industry and commerce, taxation, real estate, land and district people's governments and subdistrict offices, which will be posted and announced by residents within the scope of requisition (use). The notice shall specify the approval of requisition (use), suspension items, suspension scope, suspension period, etc. 12. Suspension period The suspension period shall not exceed 1 year from the date of announcement. Demolition needs to extend the suspension period, it should be 30 days in advance to the city collective land and housing demolition management office to apply for the issuance of the "notice of continuing to suspend matters", the extension period shall not exceed half a year. The notice and announcement shall be executed by the demolisher in accordance with Article 1 1 of these rules. 4. After the announcement of land requisition, the conditions, subject and scope of land requisition and demolition investigation are 13. The demolisher shall notify the demolition implementation unit in the area where the land requisition (use) is located with the land requisition (use) approval document, and conduct the demolition investigation and registration of all kinds of houses within the land requisition (use) before signing the demolition transaction agreement, and calculate the relevant expenses according to the provisions of the Measures and these Detailed Rules. Demolition people can also participate in the investigation at the same time. 14, the main contents of the survey The contents of the demolition survey mainly include the houses involved and related information, including four items: ① the survey list of the number of residential houses, construction area and the nature of houses; (2) Investigation list of the construction area and quantity of non-residential houses; (3) Investigation list of equipment that cannot be moved and reloaded in special industries; (4) Survey list of illegal households and construction area, etc. 15. The rights and obligations of the demolished people are within the scope of collection (use), and the demolished people have the right to register for demolition, and obtain compensation and resettlement for demolition according to the Measures and these Detailed Rules. The person to be demolished shall cooperate with the demolition implementation unit for investigation and registration. If the demolished person obstructs the demolition investigation and registration, refuses to provide valid warrants, and deliberately conceals valid warrants, resulting in false investigation and registration, miscalculation of costs, and omission of compensation amount, the demolished person shall bear the responsibility by himself. V. Review of Demolition Expenses 16. Declaration of demolition expenses According to Article 13 of the Measures, the demolition implementation unit shall calculate the total demolition expenses, and report to the municipal collective land and housing demolition management office for review after soliciting the opinions of the demolition people. For the houses involved in the expropriation of collective land (including the remaining state-owned land of the demolition group), the demolition implementation unit shall submit the following materials: (1) the number of residential houses and the number of houses to be demolished. (2) the survey list of the construction area and quantity of non-residential houses, and the calculation table of compensation expenses for this part; (3) A detailed list of compensation investigation for the inability of special industries to relocate heavy equipment, and a calculation table of compensation expenses for this part; (four) illegal households, construction area survey list and demolition plan; (5) Demolition funds, demolition incentive fees and demolition contract service fees; (6) Handling expenses of unforeseen affairs in demolition; (7) Residents' opinions on investigation and cost calculation. 17. Audit of demolition expenses If the calculation of demolition expenses has not been audited, the demolition transaction agreement shall not be signed and the demolition procedures shall not be approved. The audit of demolition expenses includes the following aspects: (1) Internal inspection of the contents contained in various investigation schedules submitted by the demolition implementation unit, and recheck the calculation contained in the expense calculation table; (2) Organize spot checks on the housing construction area and quantity submitted by the demolition implementation unit; (3) if errors or inaccuracies are found in the industry review and spot check, the demolition implementation unit may be ordered to recalculate; (4) listen to the residents' opinions on the investigation and cost calculation of the demolition implementation unit; (5) Issue audit opinions. The audit opinions on the demolition of major projects at or above the municipal level can be copied to the municipal government. Intransitive verb demolition transaction agreement 18. Settlement method of demolition expenses According to the provisions of Article 13 of the Measures, before the signing of the agreement on handling demolition affairs, the demolition implementation unit shall calculate the total demolition expenses and clarify the settlement method of demolition expenses. In principle, the total cost of demolition is lump sum, and individual projects can also adopt the method of factual settlement of demolition expenses. 19, Responsibility for Handling Demolition Affairs According to Article 13 of the Measures, before the demolition of land-expropriated houses, the demolition implementation unit shall sign the Agreement for Handling Demolition Affairs with the demolished person, which shall clearly stipulate that the demolition implementation unit shall bear the responsibilities of legal demolition, compensation and resettlement, cost control, demolition stability and timely demolition. 20. The comprehensive service fee for demolition shall be paid by the demolition person in accordance with the standards stipulated by the Municipal Price Bureau. City collective land housing demolition management office management fees charged from the demolition contract service fee, paid by the demolition implementation unit in the application for demolition approval, the specific standards shall be formulated separately by the Municipal Price Bureau. 2 1, the format of the demolition transaction agreement The format of the demolition transaction agreement is uniformly printed by the municipal collective land and housing demolition management office. Seven. Apply for and approve the demolition. The demolition application is based on Article 14 of the Measures. Before the demolition of land-expropriated houses is implemented, the demolition implementation unit shall apply to the municipal collective land house demolition management office for demolition approval. 23. Cross-regional projects shall apply for cross-regional demolition projects, and cross-regional districts shall apply for demolition approval procedures and organize their implementation. 24. Cross-line house demolition application for demolition shall be implemented within the approved land acquisition (use) scope, but when the houses outside the land acquisition (use) scope are inseparable from the houses within the demolition scope, the demolition implementation unit may, with the approval of the municipal collective land house demolition management office, delimit the houses outside the land acquisition (use) scope into the demolition scope, and make compensation according to regulations, and the demolished person shall obey. 25, whether it is land acquisition housing demolition or urban housing demolition within the scope of the application project, involving urban housing demolition on state-owned land, the demolition should be in accordance with the relevant provisions of the city real estate management bureau to apply for demolition permits and other related procedures. 26, the demolition plan audit content in accordance with the provisions of the "measures" fourteenth, before the implementation of land acquisition housing demolition, demolition implementation units should be submitted to the municipal collective land housing demolition management office for audit. The audit contents of the demolition plan include: (1) the basic situation of the project, including the necessary approval documents and drawings; (two) the scope and duration of the demolition; (three) the basic situation of the demolished houses and their attachments; (4) Demolition methods, policy basis and compensation standards; (5) The implementation of resettlement houses, including supply location, delivery time, benchmark price, housing units and basic units, etc. ; (six) other contents that should be stated in the demolition plan. 27. The approval notice is uniformly printed by the municipal collective land and house demolition management office. The contents mainly include the demolition person, the demolition implementation unit, the project name, the requisition (use) approval, the demolition scope, the demolition period, the applicable policies, the issuing unit and the issuing time. Eight. Determination of compensation area of residential houses. Identification of inconsistency between the two certificates According to the provisions of Article 20 of the Measures, the compensation for demolition is based on the legal housing construction area contained in the two certificates. If the collective land use certificate of the homestead held by the demolished residential house (including the remaining state-owned land use certificate of the demolition group, the same below) is inconsistent with the housing property certificate (including the building permit, the same below), the housing property certificate shall prevail and the legal housing construction area shall be confirmed. 29. If there is only one certificate, that is, the collective land use certificate of the homestead or the property right certificate of the house, the legal construction area shall be confirmed based on the existing property right certificate, but when calculating the compensation for house purchase and location compensation, the maximum recognized area shall not exceed 220 square meters. 30. Treatment without two certificates Where there is no collective land use certificate and homestead house property certificate, it belongs to illegal construction and will not be compensated. For those who have been demolished with particularly difficult housing, if they meet the relevant conditions in the district, they can buy resettlement houses after the approval of the district government to buy resettlement houses. Nine. Family population identification of the same household registration 3 1. Identification of excluded persons According to Article 28 of the Measures, the family population with the same household registration is the person whose household registration actually existed before the announcement of land acquisition, who actually lived and had no housing in other places. If the family members of the demolished person have one of the following circumstances, they will not be included in the population base: (1) Empty household registration that actually does not live; (2) Although the registered permanent residence actually exists, it is a school for sojourning, foster care and boarding; (three) the actual residence and the actual residence, but after the announcement of land acquisition does not meet the provisions of article tenth of these measures; (4) Persons whose registered permanent residence actually exists and actually lives before the announcement of land requisition, but who have housing in other places. 32. Identification of persons included in the population base: (1) Servicemen whose original permanent residence meets the requirements in the demolition area, although there is no permanent residence among the family members of the demolished person, belong to one of the following circumstances; (2) all kinds of students whose original permanent residence is in the demolition area; (3) reeducation through labor and prison inmates whose original permanent residence is in the demolition area; (4) Other personnel who meet the requirements of laws and regulations and should be included. Ten, demolition compensation and resettlement agreement. The contents of the demolition compensation and resettlement agreement According to the provisions of Article 18 of the Measures, the demolition implementation unit shall sign the demolition compensation and resettlement agreement with the demolished person. Where monetary compensation is implemented, the agreement shall include housing location, demolition area, compensation amount, payment method, payment period, relocation period, liability for breach of contract, dispute resolution, etc. For the demolition of residential houses and the purchase of demolition resettlement houses, the agreement shall also include the location, delivery time, supply price, basic Xing Tao, purchase method, purchase Xing Tao, payment method, price difference and settlement method of the demolition resettlement houses. The implementation of unified demolition and unified construction, the subdistrict office shall sign the "demolition compensation and resettlement agreement" with the demolition, and the agreement shall include the construction site, delivery time, supply price, resettlement of Xing Tao, cost settlement, relocation requirements, liability for breach of contract, dispute settlement and other contents of the resettlement house. 34. Number of copies of demolition compensation and resettlement agreement This agreement is made in quadruplicate, with each party holding one copy. The remaining two copies are used by the demolition resettlement housing management department for the demolition resettlement housing to be purchased (unified demolition and unified construction for filing), and the other one is used by the demolition implementation unit when reporting to the municipal collective land and housing demolition management office. 35. Printing of the Demolition Compensation and Resettlement Agreement The format of the Demolition Compensation and Resettlement Agreement is uniformly printed by the Municipal Collective Land and Housing Demolition Management Office. XI。 Demolition of non-residential houses. Non-residential houses without two certificates that fail to handle land use and construction procedures according to law shall be treated as illegal buildings. 37. Demolition of non-residential houses with regional functions shall be carried out in accordance with the provisions of Item (2) of Article 24 of the Measures, and the compensation for demolition of non-residential houses with regional functions shall be 65438 according to the standards specified in Table 4-3 of Ningjiafang [2004] No.61No.92 and Ningguotuzi [2004] No.92 (hereinafter referred to as "standards").