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How much should the compensation for the demolition of Qingxiyuan, No.2 Tongshanqiao East Street, Qingyang District, Chengdu be?
General Office of Chengdu Municipal People's Government forwarded to Municipal Bureau of Land and Resources.
Notice on specific issues in the implementation of compensation and resettlement measures for land acquisition in Chengdu
No. [2003] 15 of Chengbanfa
Date of promulgation: 200702 18 Implementation date: 200702 18 Promulgated by: General Office of Chengdu Municipal People's Government.
District (city) county government and municipal departments:
< opinions on specific issues in implementation > has been studied and passed at the 9th1executive meeting of the municipal government, and is now forwarded to you, please follow it.
February 2007 18
Opinions on specific problems in the implementation of "Measures for Compensation and Resettlement of Land Expropriation in Chengdu"
According to the Land Management Law of the People's Republic of China and Sichuan Province
First, the way of rural housing resettlement, rural housing resettlement is monetary resettlement or resettlement of existing (built) houses, and resettlement objects can choose their own resettlement methods. Allow some resettled households to choose monetary resettlement, while others choose existing (built) houses for resettlement. Encourage monetized resettlement.
Choose the existing buildings (structures) for resettlement, and carry out resettlement in strict accordance with the relevant standards of Decree No.78. The construction of resettlement houses must meet the requirements of urban planning, and the construction of resettlement houses is relatively concentrated.
Second, rural housing demolition and incentives
(a) the choice of monetary resettlement, a one-time reward of 8000 yuan/person.
(2) If monetary resettlement or resettlement of existing buildings (structures) is selected, and the resettlement agreement is signed and the old house is handed over within 10 days from the date of the demolition announcement, a reward will be given at 3,000 yuan/person; If the resettlement agreement is signed within 20 days and the old house is handed over, the reward will be 1000 yuan/person; No reward will be given for more than 20 days.
(three) the choice of existing (built) housing resettlement needs transition, the transition fee is paid to 200 yuan per person per month. If the resettlement personnel fail to check in within the notice time limit of rural housing demolition units, the transition fee will be stopped.
(4) If some people in a resettlement household choose monetized resettlement and some people choose the existing (built) housing resettlement method, the per capita area of the original housing household shall be taken as the base, and those who choose monetized resettlement shall be rewarded according to regulations.
(5) If the existing (built) housing placement method is selected, and the per capita area recorded in the original certificate of rural housing homestead use is less than 35㎡, the settlement shall still be made according to Decree No.78 and the relevant standards in this opinion. Within the time limit stipulated by the land-expropriated unit, the land-expropriated unit can settle the housing replenishment at a discount of 50%.
Three. Confirmation of Rural Residents' Spouses' Housing Resettlement and Housing Resettlement for Married People of Childbearing Age Where Wucheng District and High-tech Zone are not in agricultural registered permanent residence, and the spouses of rural homesteads have not participated in the housing reform or have no housing in other places, they shall be included in the housing resettlement calculation, and the compensation and resettlement shall be handled in accordance with the following provisions:
(1) If monetary resettlement is implemented, the settlement basis shall be the main house area specified in the rural housing homestead use certificate: if the per capita area of the original house is less than 35 M2, the compensation shall be made per capita, and the insufficient part shall be settled by deducting 300 yuan /M2 from the standard price of affordable housing in adjacent areas; If the original housing area exceeds 35 M2 per capita, the land acquisition unit will compensate the excess according to 300 yuan /M2.
(2) For the resettlement of existing (built) houses, the settlement shall be based on the main housing area stated in the rural housing homestead use certificate held by them: if the original housing area exceeds 35 M2 per capita, the land acquisition unit shall compensate the excess according to the construction cost price that does not exceed 300 yuan /M2 at the maximum;
The original housing area has reached 35 M2 per capita, but the resettlement housing is less than 35 M2 per capita, and the insufficient part shall be subsidized by the land acquisition unit according to 600 yuan /M2;
If the original housing area is less than 35 M2 per capita, it shall be resettled at 35 M2 per capita, and the excess part shall be purchased at 900 yuan /M2;
If the resettlement house exceeds 35 M2 per capita, the excess part shall be purchased by the employees according to the local commercial housing guidance price at that time.
(three) after the announcement of land acquisition, the legally married population must have a permanent residence within the scope of land acquisition before it can be used as a resettlement object. The deadline for resettlement and housing resettlement is the date of approval of the land acquisition compensation and resettlement plan.
Four, compensation and reward for the demolition of township enterprises
(a) buildings (structures) of township, town (including villages and groups) enterprises and private enterprises with legal land use procedures within the scope of land acquisition and demolition shall be compensated according to the standard of "public buildings" in Schedule 4 of Decree No.78.
(II) Township (including village and group) enterprises and private enterprises that have signed the demolition compensation agreement and handed over their land and houses within 15 from the date of the demolition announcement shall be rewarded according to 3% of the total compensation for their buildings (structures) in addition to implementing the demolition compensation standard stipulated in Article 10 of Decree No.78; If the demolition compensation agreement is signed within 25 days and the land and houses are handed over, the enterprise will be rewarded according to 1% of the total compensation for buildings (structures). No reward will be given for more than 25 days.
Verb (abbreviation for verb) execution time
Where a land requisition announcement is issued after June 65438+ 10/day, 2003, this opinion shall prevail.
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Decree of Chengdu Municipal People's Government
No.78
"Chengdu land acquisition compensation and resettlement measures" has been adopted at the thirty-fifth executive meeting of the Municipal People's Government and is hereby promulgated.
Mayor: Wang Rongxuan.
Measures of Chengdu Municipality on Compensation and Resettlement for Land Requisition
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the provisions of the Land Administration Law of the People's Republic of China in order to ensure the smooth progress of land expropriation and safeguard the legitimate rights and interests of units and individuals whose land has been expropriated. Regulations on the Implementation of the Land Administration Law of the People's Republic of China and Measures for the Implementation of Sichuan Province (Land Administration Law of the People's Republic of China), combined with the reality of Chengdu.
Article 2 These Measures shall apply to the compensation, personnel placement and housing placement for expropriation of land collectively owned by farmers within the administrative areas of Jinjiang, Qingyang, Jinniu, Wuhou and Chenghua (including high-tech industrial development zones, hereinafter referred to as five urban areas).
Third land acquisition compensation and resettlement work under the leadership of the Municipal People's government, the municipal land administrative department is responsible for the implementation.
City planning, labor, civil affairs, public security, food, planning and other relevant administrative departments shall, in accordance with their respective responsibilities, cooperate with the municipal land administrative departments to do a good job in land acquisition.
District and township (town) people's governments shall assist in land acquisition compensation and resettlement.
Article 4 After the requisition of land is approved according to law and the parties concerned get compensation and resettlement according to law, the land administrative department shall issue a notice of land delivery to the land-expropriated unit, which shall deliver the land within the time limit specified in the notice and shall not refuse or obstruct it.
Chapter II Compensation for Land Requisition
Article 5 After the land acquisition plan is approved according to law and announced, the owners and users of the expropriated land shall register the land acquisition compensation with the land management department with the land ownership certificate within the time limit specified in the announcement.
Land administrative departments shall, in accordance with the approved land acquisition plan, formulate land acquisition compensation and resettlement plans jointly with relevant departments, and make an announcement in the land-expropriated township (town) and village to listen to the opinions of the land-expropriated rural collective economic organizations and farmers. After the land requisition compensation and resettlement plan is approved according to law, it shall be organized and implemented by the land administrative department.
Disputes over land requisition compensation and resettlement will not affect the implementation of land requisition plan.
Article 6 Land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees that should be paid according to law for land requisition shall be implemented in accordance with the standards stipulated in the Land Management Law of the People's Republic of China and the Implementation Measures of Sichuan Province.
Seventh unauthorized occupation of cultivated land to plant flowers and trees, according to the standard of young crops compensation for food compensation.
Scattered tree planting and approved breeding professional households shall be implemented according to the prescribed standards.
Ancient and famous trees with signs shall be implemented in accordance with the Regulations of Chengdu Municipality on the Administration of Ancient and Famous Trees.
Eighth any of the following circumstances, no compensation:
(a) buildings (structures) without land ownership certificates and other legal warrants;
(two) from the date of the announcement of the land acquisition plan approved according to law, rush to plant crops, economic trees and buildings (structures);
(three) buildings (structures) that have been used for more than two years on temporary land (including land occupation) beyond the approved use period or although the use period has not been determined;
(four) buildings (structures) built by illegal occupation of land;
Ninth roads and water conservancy facilities that need to be retained according to the planning after land acquisition shall be restored by the land acquisition unit.
Tenth buildings (structures) with land ownership certificates and other legal warrants for land acquisition and demolition shall be compensated according to the prescribed standards. Relocation losses, relocation freight and relocation and renovation costs of hydropower facilities involved in enterprise relocation shall be compensated by the land acquisition unit according to 10- 15% of the total compensation of enterprises' buildings.
Eleventh land acquisition compensation and subsidies shall be paid in full within three months from the date of approval of the land acquisition compensation and resettlement plan, and shall be managed and used according to the following provisions:
(1) Where the land of a rural collective economic organization has been requisitioned according to law and the agricultural population has been resettled, the land compensation fee and resettlement subsidy shall be used by the resettlement unit for the resettlement of the personnel after the requisitioned land; The property of the original rural collective organization shall be registered and announced to the farmers, and its property and the creditor's rights and debts involved shall be handled by the organization at the next higher level of the land-expropriated unit or the township (town) people's government.
(2) If the land of rural collective economic organizations is requisitioned in part according to law, and the people who need to be resettled are resettled by the land-expropriated unit, the land compensation fee shall be paid to the land-expropriated unit for the development of production and the resettlement of the surplus labor force and the living allowance for the unemployed people caused by land expropriation. Its use shall be decided by the villagers' meeting or the villagers' representative meeting and implemented after the approval of the township (town) people's government. Resettlement subsidies are paid to the land-expropriated units, which are managed and used by the land-expropriated units.
(3) If the land of rural collective economic organizations is requisitioned in part according to law, and the people who need to be resettled are resettled by the land requisition unit, the land compensation fee and resettlement subsidy shall be paid to the resettled people or to the resettlement unit, or used for the insurance premium of the resettled people after obtaining the consent of the resettled people.
(4) Compensation fees for ground attachments and young crops shall be paid to the owners of ground attachments and young crops.
No unit or individual may share, transfer, misappropriate or intercept land compensation fees, resettlement compensation fees and other expenses related to land acquisition.
Chapter III Personnel Placement
Twelfth 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 registered permanent residence; If it has not been completely requisitioned, the number of people in agricultural registered permanent residence who turn into non-agricultural registered permanent residence (hereinafter referred to as farmers) shall be calculated according to the number of requisitioned cultivated land (grain land and vegetable land) divided by the number of cultivated land per capita before requisition; According to the amount of cultivated land requisitioned divided by the average amount of cultivated land occupied by each worker before requisition, the number of workers to be resettled is calculated.
The age of farmers whose land has been expropriated shall be calculated according to the time and age when the land requisition plan approved according to law is published.
Thirteenth farmers whose permanent residence is within the scope of land acquisition, men aged 18 but under 60 years old, women aged 18 but under 50 years old, can persist in participating in productive labor all the year round and have not changed from agriculture to non-labor placement.
Fourteenth for the resettlement of migrant workers, measures such as self-employment and unit resettlement can be implemented.
Rural residents aged 50 to 60 and women aged 40 to 50 are given self-employment placement.
If the resettlement object of rural non-labor force is self-employed, the land acquisition unit will pay the land compensation fee and resettlement subsidy of 18000 yuan per person to the resettlement object after I apply and notarize; In case of resettlement by the unit, the land acquisition unit will allocate the land compensation fee and resettlement subsidy of RMB 18000 per person to the resettlement unit at one time.
Fifteenth 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.
For the "rotation workers" who have gone through the formalities of early retirement and returned to their hometowns, if they belong to the scope of urbanization, they will only urbanize their accounts and will no longer be resettled according to the provisions of this chapter.
Sixteenth men over 60 years of age, women over 50 years of age, rural migrant workers early retirement and resettlement. After the early retirement resettlement object is notarized, the land acquisition unit will pay the land compensation fee and resettlement subsidy per person 16000 yuan to the individual in one lump sum.
Seventeenth land acquisition units should be a one-time allocation of land compensation fees and resettlement subsidies to the civil affairs department, the civil affairs department in accordance with the provisions of resettlement.
Article 18 For servicemen whose registered permanent residence is within the scope of land acquisition, the land acquisition unit will allocate their land compensation fees and resettlement subsidies to the civil affairs department where the registered permanent residence is located in one lump sum, and the civil affairs department where the registered permanent residence is located will resettle them in accordance with the regulations after returning to their original places.
Article 19 The land acquisition unit shall allocate the land compensation and resettlement subsidy to the labor department where the original account is located in a lump sum for the personnel whose original account is serving a sentence or undergoing reeducation through labor within the scope of land acquisition, and the labor department shall resettle them according to the regulations after they are released from prison or released from reeducation through labor.
Twentieth/kloc-people under the age of 0/8, the land acquisition unit can issue a one-time living allowance of 6000 yuan.
Twenty-first land acquisition within the scope of the resettlement of people who have not changed their jobs, according to the relevant provisions of the state and the province.
Chapter IV Housing Resettlement
Twenty-second from the date of the announcement of the land acquisition plan approved according to law, the farmers who hold the certificate of rural homestead use shall be resettled according to the construction area of 35 square meters per person (including stairwells, the same below); The housing placement method is monetized, and the existing (built) housing placement can be implemented if conditions permit.
Article 23 where monetary resettlement is implemented, the land acquisition unit and the land-expropriated personnel shall sign a monetary resettlement contract according to the main construction area recorded in the rural homestead use certificate held by the land-expropriated personnel, and settle the monetary resettlement funds in accordance with the following provisions within seven days after the completion of house demolition:
(a) the original residential per capita less than 35 square meters, according to the per capita compensation of 35 square meters, and according to the adjacent lots of affordable housing prices for settlement;
(two) the original residential per capita more than 35 square meters, in addition to the provisions of the preceding paragraph, the excess by the land acquisition unit according to the 600 yuan compensation per square meter.
Twenty-fourth the implementation of building (structure) resettlement, land acquisition units and rural residents should be based on the main construction area recorded in the rural homestead use certificate held by rural residents, combined with the construction area of resettlement houses, in accordance with the following provisions:
(a) the original residential per capita is more than 35 square meters, and the approved area is compensated by the land acquisition unit according to the self-built cost price, and the maximum is not more than 300 yuan per square meter;
(two) the original residential per capita reached 35 square meters, but the per capita area of resettlement housing is less than 35 square meters, and the insufficient part is compensated by the land acquisition unit according to the 600 yuan per square meter;
(three) the original per capita living area is less than 35 square meters, and the excess is purchased by farmers at 600 yuan per square meter;
(four) resettlement housing more than 35 square meters per capita, purchased by farmers at commodity prices;
Twenty-fifth urban residents will change their original houses into business houses, and the demolition and resettlement will still focus on residential demolition and resettlement.
Twenty-sixth part of the expropriation of land, the farmers who hold the certificate of rural homestead use within the scope of land expropriation and whose family members are not all urbanized can be given a one-time compensation according to the monetization resettlement method, and no longer enjoy the right to use rural homestead; It can also be paid by the land-expropriated units to the rural collective economic organizations whose land has been expropriated according to the 300 yuan per square meter, and they can choose to build their own houses or be solved by farmers themselves.
All land requisitioned shall be handled in accordance with the provisions of Articles 23 and 24 of these Measures.
Twenty-seventh demolition of non-agricultural residential property rights due to inheritance, increase, according to the per square meter does not exceed 600 yuan to give a one-time compensation.
Article 28 Where the houses of active servicemen, college students, prisoners and reeducation-through-labor personnel within the scope of land acquisition are removed according to law, and the houses of cadres, workers, urban residents, overseas Chinese, compatriots from Hong Kong, Macao and Taiwan and other non-agricultural personnel who have returned to their hometowns within the scope of land acquisition are handled in accordance with the relevant provisions of this chapter.
Twenty-ninth residents who have been demolished choose construction land, and their homestead area shall be handled according to the Regulations on the Administration of Rural Homestead.
Chapter V Legal Liability
Thirtieth in violation of the provisions of these measures, constitute a violation of the "People's Republic of China (PRC) Land Management Law", "People's Republic of China (PRC) Land Management Law Implementation Regulations" and "Sichuan Province Implementation Measures" (People's Republic of China (PRC) Land Management Law), from its provisions of punishment.
Thirty-first land expropriation, compensation and resettlement according to law, if the parties refuse to move, the municipal and district land administrative departments shall order them to move within a time limit; If it fails to move within the time limit, it will be forced to move with the approval of the municipal and district people's governments. If the resettlement compensation fee is not received within the time limit, the land administrative department shall pay the resettlement compensation fee to the local township (town) people's government for special storage.
Article 32 If a party refuses to accept specific administrative acts such as administrative punishment or compulsory measures, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Thirty-third land administrative departments staff dereliction of duty, abuse of power, corruption, which constitutes a crime, shall be investigated for criminal responsibility according to law; ; If it does not constitute a crime, it shall be given administrative sanctions in accordance with relevant regulations.
Chapter VI Supplementary Provisions
Thirty-fourth land expropriation compensation fees and other related expenses standards shall be formulated by the municipal land administrative department in conjunction with relevant departments and implemented after approval according to law.
Thirty-fifth key construction projects and projects of the state and the provincial and municipal people's governments have other provisions on the compensation and resettlement standards for land expropriation, and those provisions shall prevail.
Thirty-sixth qingbaijiang district, Longquanyi District and county (city) people's government, combined with local conditions, with reference to these measures to develop specific measures, and package the Legislative Affairs Bureau of Chengdu Municipal People's government for the record.
Thirty-seventh problems in the specific application of these measures shall be interpreted by the land administrative department of Chengdu.
Article 38 These Measures shall come into force as of the date of promulgation.
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