Rural land acquisition compensation social security policy

1, the draft amendment to the land law explicitly separate compensation for rural villagers' homes. The draft provides that the expropriation of farmers collectively owned land compensation and resettlement of specific measures, formulated by the State Council. In accordance with the specific measures formulated by the State Council, provinces, autonomous regions and municipalities directly under the Central Government can provide specific standards for compensation and resettlement. 2, compensation before expropriation, the draft amendment to the land law to cancel the 30 times the upper limit. 3, clear expropriation of land shall be compensated according to the market price. According to the draft, expropriation compensation is no longer calculated according to the previous land production value as a standard. Land compensation standards Both the original use of annual output value factors, but also comprehensively consider the land location, supply and demand, economic and social development level and other factors, especially the social security of the expropriated farmers. Compensation for housing and aboveground attachments should follow market principles. The ultimate purpose of compensation should be to ensure that the original life of the expropriated farmers is improved and their long-term livelihoods are safeguarded. 4. The draft changes the compensation content from three to five items. In the current "land compensation, resettlement subsidies and seedlings on the ground attachment compensation" on the basis of the residential from the ground attachments in a separate list, and added a new social security compensation.

The compensation standard for land acquisition is adjusted every two years. The last time it was adjusted was on December 31, 2011, and came into effect on January 1, 2012.On November 28, 2012, the State Council executive meeting discussed and passed the "Amendments to the Land Management Law of the People's Republic of China (Draft)", which revised the compensation system for the expropriation of land collectively owned by farmers. Some industry experts speculate that the revision, the main content is to increase the amount of compensation for land expropriation, increase the amount may be at least 10 times the current standard. The use and floor area of the demolished house for rural land acquisition compensation issues are generally based on the records of the property right certificate, the rural residence base use certificate, or the approval documents for building the house. If the record is inconsistent with the actual situation, the actual situation shall prevail, except for illegal construction. Compensation and resettlement time boundary points: 1. When the land requisition announcement is made, if the building approval document has been obtained and the construction of the new house has been completed, the new house shall be compensated, and no compensation shall be made for the old house that should be demolished but has not been demolished. 2. At the time of land requisition announcement, those who have obtained the approval documents for building houses but the construction of the new houses has not yet been completed shall immediately stop building houses, and the specific amount of compensation can be negotiated and agreed upon; 2. The demolition of the temporary buildings which have not exceeded the approval period can be appropriately compensated.3. Unauthorized buildings, temporary buildings which have exceeded the approval period and the unauthorized construction of new houses and their appurtenances, alterations and extensions after the announcement of land requisition shall be uncompensated.4. If there is both state-owned land and collective land within the same scope of demolition and relocation, the compensation and resettlement of demolished houses within the scope of state-owned land shall be executed in accordance with the regulations on the management of demolition and relocation of urban houses; and the compensation and resettlement of demolished houses within the scope of expropriated collective land shall be executed in accordance with the regulations on the compensation and resettlement of demolished houses on collectively owned land. Compensation and resettlement of houses 1. Compensation and resettlement of the village or villagers' group whose establishment is withdrawn from the expropriated land (1) Monetary compensation can be chosen, or the property rights of the houses with the same value as the amount of monetary compensation can be exchanged. (2) The formula for calculating the monetary compensation amount is: (the replacement unit price of the demolished house combined with the newness + the base price of the land use right per square meter of floor area of the new multi-storey commercial housing in the same area + the price subsidy) x the floor area of the demolished house. (3) The appraisal of the demolished house, if the replacement method is selected, shall be based on the replacement unit price combined with the newness, and the land requisitioning unit shall entrust the real estate appraisal institution with the qualification of appraisal of house demolition and relocation to appraise the appraisal; and the standard of the base price of the land-use right of the newly built multi-storey commodity housing in the same region per square meter of the construction area and the price subsidy shall be formulated and announced by the people's government of the city or county where the demolished house is located in the light of the actual situation of the land market.2. Land requisitioned Compensation and resettlement of village or villagers' group establishment is not withdrawn: (1) the demolished person who has not been converted to urban household registration shall be compensated and resettled in accordance with the following provisions: (2) in the area where the conditions for building houses on easy land are available, it is possible to apply for a residence base to build new houses within the central village or settlement determined by the township (township) land-use master plan and receive corresponding monetary compensation; (3) the formula for calculating the amount of monetary compensation shall be as follows: (The demolished house constructed and replaced unit price) The formula for calculating the amount of monetary compensation is: (the replacement unit price of the demolished house combined with the newness + price subsidy) x the floor area of the demolished house; the expenses required for the use of the new residence base by the demolished person shall be paid by the construction unit to the village or villagers' group whose land has been expropriated. The approval procedure for the demolished person to apply for a new house on the homestead shall be carried out in accordance with the relevant provisions of the state and local rural housing construction. (4) In areas where there are no conditions for the construction of houses on easy land, they may choose monetary compensation, or they may choose to exchange their property rights for houses of the same value as the amount of monetary compensation. The demolished person shall not apply for new housing on the homestead again. The principle should be to make the living level of the demolished person not to be reduced by the demolition.3. Other compensation items for the demolition of houses: the lawyer shall understand and inform the parties that the demolished person shall also be compensated for the moving subsidy, the equipment relocation fee, the temporary resettlement subsidy during the transition period, and the temporary resettlement subsidy will be increased from the date of the overdue period of the transition period. Compensation for demolition of non-residential housing 1, demolition of non-residential housing owned by rural collective economic organizations in the form of land use rights into shares, joint ventures and other forms with other units, individuals *** with the organization of the enterprise, the monetary compensation amount is calculated by the formula: the construction of the demolished house replacement price + the corresponding cost of acquiring the right to use the land. 2, the construction of the demolished house replacement price, the corresponding cost of acquiring the right to use the land, assessed by a real estate Other compensation: the demolished person shall also be compensated for the following expenses: (1) the cost of equipment relocation and installation calculated according to the price of goods transportation and the price of equipment installation stipulated by the state and the city. (2) The cost of settling the equipment that cannot be restored to use at the replacement price combined with the cost of newness. (3) Appropriate compensation for stopping production and business due to demolition and relocation.4. Compensation for other non-residential houses, sheds attached to residential houses, and other above-ground structures shall be in accordance with the local standards for relevant above-ground attachments.