Measures of Changsha Municipality on Compensation and Resettlement for Land Expropriation for National Construction (revised in 1998)

chapter I general provisions article 1 these measures are formulated in accordance with the law of the people's Republic of China on the administration of land and land, the regulations for the implementation of the law of the people's Republic of China on the administration of land and land, and the measures for the implementation of land management in Hunan province, with the actual situation of this municipality in mind. Article 2 Where construction is carried out within the administrative area of this Municipality and it is necessary to requisition land or demolish rural houses, these measures shall apply to compensation and resettlement, except as otherwise provided by national laws and regulations. Article 3 The land administration department of Changsha Municipal People's Government shall be responsible for the compensation and resettlement of land requisitioned in this Municipality, and the land administration department of the district and county (city) people's government shall be responsible for the compensation and resettlement of land requisitioned in this district and county (city), except that it needs to be managed by the municipal land administration department. Article 4 When land is requisitioned for national construction, the land-using units must compensate and resettle the land-expropriated units in accordance with these Measures. Units and individuals whose land is requisitioned and demolished must obey the needs of the state and relocate their land within the prescribed time limit, and shall not obstruct them. Article 5 The people's governments at all levels in this Municipality shall strengthen their leadership in land acquisition and demolition. Land management departments at all levels, land units, units or individuals that have been requisitioned and demolished should coordinate and do a good job, and correctly handle the relationship among the state, the collective and the individual. Units or individuals who have made outstanding contributions to the land acquisition and demolition work shall be rewarded by the municipal, district and county (city) people's governments. Chapter II General Provisions Article 6 When land is requisitioned for national construction, the land-using unit must apply for construction land to the land administration department of the people's government of the city, district or county (city) where the land is requisitioned with the approved design task book or preliminary design, capital construction and technical transformation plan, and the land administration department of the people's government of the city, district or county (city) shall examine and verify the construction land, delimit the scope of the land, and organize the land-using unit and the land-expropriated unit to agree on the compensation and resettlement plan for the land according to law and report it to the city.

the development unit that conducts comprehensive development and requisition of rural land in plots shall go through the land requisition formalities with the comprehensive development plan. Seventh land acquisition and demolition work can be organized by the municipal or district, county (city) people's government, or entrusted by the land management department of the municipal or district, county (city) people's government with the qualification of demolition, or handled by the land use unit itself. Article 8 Once the land requisition is approved, the land management department shall publish the land-using unit, the scope of land requisition and the time limit for moving and vacating land by land requisition notice or other forms. From the date of the announcement, the land-expropriated units shall maintain the status quo of land use within the scope of expropriation, and shall not rob buildings (structures) and crops to change the land use. Article 9 After the scope of land expropriation is determined, the land administration department of the people's government of the city or district or county (city) shall notify the people's government of the township (town) where the expropriated land is located and the public security departments to suspend the procedures for moving into the household registration and building, expanding and rebuilding houses within the scope of land expropriation. If it is really necessary to enter the household due to birth, military re-transfer, marriage, etc., it must be approved by the district and county (city) people's government. Tenth in the land management department announced the provisions of the relocation period, land units should be in accordance with the provisions of these measures, signed a written agreement on compensation and resettlement and other matters.

the compensation and resettlement agreement shall specify the amount of various compensation fees and subsidies, the form of labor resettlement, the transition mode and transition period of relocation, the liability for breach of contract and other provisions that the parties consider necessary. Eleventh compensation and resettlement agreement, must be verified by the municipal or district, county (city) land management department. Article 12 If the land-using unit and the land-expropriated unit fail to reach an agreement through consultation on various compensation fees and subsidies, the form of labor placement, the transition mode and the transition period of relocation, the land management department that approved the land acquisition shall make a ruling. If the party concerned refuses to accept the ruling, he may bring a suit in a people's court within 15 days from the date of receiving the ruling, and the execution of land acquisition and demolition shall not be stopped during the litigation. Article 13 If the land-expropriated unit refuses to relocate and vacate the land within the time limit stipulated in the land requisition notice of the land management department or the ruling stipulated in Article 12 of these Measures, the municipal, district and county (city) people's government shall make a decision to order it to relocate and vacate the land within a time limit, and if it fails to relocate and vacate the land within the time limit, the land management department shall apply to the people's court for compulsory execution. Chapter III Compensation for Land Requisition Article 14 Land requisition for national construction shall be paid by the land-using unit for land compensation, attachment and young crops compensation and resettlement subsidy. The compensation standards shall be adjusted and announced in a timely manner by the municipal land and price management department according to the land category, annual output value and price changes. Article 15 The land compensation fee shall be paid according to the following provisions:

(1) Expropriation of paddy fields, commercial vegetable fields and specialized fish lakes (ponds), and compensation shall be calculated according to 5 to 6 times of the standard of average annual output value in the three years before expropriation. Compensation for requisition of dry land and lotus pond is calculated at 5 times.

(2) compensation for requisition of economic forest land is 5 times of the annual output value standard of three types of paddy fields; Expropriation of timber forest land is compensated by 3% to 5% of the economic forest land compensation standard; The requisition of barren hills and wasteland is compensated by 2% of the compensation standard of economic forest land.

(3) If it is necessary to build ponds and reservoirs for irrigation, the construction fee and land occupation compensation fee shall be paid according to the actual engineering quantity; If it is not necessary to build ponds and reservoirs for irrigation of commercial vegetable fields, it will be compensated at 5 times of the annual output value standard of four types of commercial vegetable fields, and at 5 times of the annual output value standard of two types of paddy fields for irrigation.

(4) if buildings, structures and roads on the expropriated land need to be rebuilt easily, compensation shall be made according to the land type of the rebuilt land; if it is not necessary to rebuild, compensation shall be made according to 5 times of the annual output value standard of Class II paddy fields.

if the land-using unit develops agricultural land in combination with construction, it will only compensate the land improvement fee and the loss of production reduction according to the original land category.