Municipal Government Order No. 69
The Measures for Compensation, Subsidies and Resettlement for Land Acquisition for Construction in Zigong City have been revised and adopted at the 26th Standing Meeting of the 16th Zigong Municipal People's Government on January 22nd, 2013, and are hereby promulgated.
Mayor: Peng Lin
February 2, 2013
Methods for Compensation, Subsidy and Resettlement for Land Acquisition for Construction in Zigong City
(Adopted at the 67th Executive Meeting of the 15th People's Government of Zigong City on September 24, 2009, and revised at the 26th Executive Meeting of the 16th People's Government of Zigong City on January 22, 2013)
Chapter I General Principles
Article 1 In order to strengthen the management of compensation and subsidies for resettlement of land expropriated for construction in the city, to ensure the smooth implementation of land expropriation, and to protect the legitimate rights and interests of rural collective economic organizations and farmers of the expropriated land, according to the Land Management Law of the People's Republic of China, the Regulations for Implementation of the Land Management Law of the People's Republic of China, the Property Law of the People's Republic of China, and the Property Rights Law of the People's Republic of China. and the State Property Law", "Sichuan Province," the Chinese People's *** and the State Land Management Law "Implementation Measures" as well as the relevant provisions of the state and province, combined with the actual situation in the city, the formulation of this approach.
Second, in the city's administrative area of land acquisition compensation subsidy resettlement shall apply to these measures, laws, regulations and the state, the province has other provisions, from its provisions.
Article 3 The expropriation of land collectively owned by farmers within the administrative area of the city, by the people's government of the city and county (district) in accordance with the law. Land acquisition work by the county (district) people's government is responsible for the organization and implementation of the city, county (district) people's government to determine the land acquisition contractor is responsible for the specific implementation.
The land expropriation work within the scope of management of the Zigong High-tech Industrial Development Zone Management Committee shall be organized and implemented by the Zigong High-tech Industrial Development Zone Management Committee, which shall determine the land expropriation contractor responsible for the specific implementation.
No other unit or individual may expropriate land on their own.
The people's governments of cities, counties and districts shall strengthen the leadership of land expropriation; the administrative departments of land and resources shall be responsible for the administrative management and supervision and guidance of land expropriation; the departments of human resources and social security, in conjunction with the relevant departments, shall be responsible for the preparation, examination and implementation of the social security programs for the expropriated peasants; and the relevant administrative departments, such as the departments of development and reform (price), public security, finance, urban and rural construction and housing security, civil affairs, agriculture, forestry, water and statistics, shall be responsible for the preparation, examination and implementation of social security programs. , water, statistics and other relevant administrative departments and township (town) people's governments, street offices in accordance with their respective responsibilities to do a good job of land acquisition compensation subsidies and resettlement. The village (neighborhood) committee shall cooperate with the land acquisition contractor to do a good job of land acquisition compensation subsidies and resettlement.
Article 4 The rural collective economic organizations and farmers shall obey the city, county and district people's governments in accordance with the law of land expropriation, according to the law to fulfill the registration formalities, and in time to receive all kinds of compensation, subsidies, accept the resettlement, and on time to hand over the land. No unit or individual shall obstruct the municipal, county or district people's government from expropriating land according to law.
Article 5 land acquisition shall adhere to the principle of law, openness, fairness and justice, and strictly in accordance with legal procedures.
Chapter II Procedures for Land Expropriation
Article 6 According to the overall land use planning, land use annual plan and land supply policy, for the construction needs to be implemented in batches or projects to expropriate land, by the county (district) administrative department of land and resources in writing to the rural collective economic organizations within the scope of the land to be expropriated land expropriation notification.
Article 7 From the date of notification of land expropriation, the people's government of the township (township) shall organize the rural collective economic organization whose land is to be expropriated to register the agricultural population of the collective economic organization door-to-door, make public announcements, and confirm the members of the collective economic organization in accordance with the relevant provisions.
The land expropriation contractor shall make an inventory, registration, survey and verification of the seedlings, attachments and houses within the scope of the land to be expropriated; and shall commission a unit with the appropriate land surveying qualifications to conduct field measurements of the land area and land types within the scope of the land to be expropriated, and shall conduct surveys of the land area, land types and ownership of the collective economic organization of the land to be expropriated, and determine the land ownership, categories and area in accordance with the relevant regulations and procedures. land ownership, category and area.
Article 8 Upon the completion of the land expropriation notification and investigation work, the municipal and county (district) administrative departments of land and resources shall, in accordance with the relevant provisions of the state and the province, formulate a land expropriation program based on the results of the investigation of the expropriation of the land, and report it to the people's government with the power of approval for approval.
After the land expropriation program is approved in accordance with the law, the municipal or county people's government shall, within 10 working days from the date of receipt of the land expropriation program approval document, issue a land expropriation notice in the townships (towns), villages (communities), and groups in which the expropriated land is located.
Article 9 The rural collective economic organizations, rural villagers and other rights holders of the expropriated land shall, within the period specified in the land expropriation announcement, hold the land ownership certificates or the approval procedures in accordance with the law and go to the designated place to apply for registration of compensation for the expropriated land; if they fail to apply for registration of compensation for the expropriated land as scheduled, the contents of their compensations shall be based on the results of investigations conducted by the contractor of expropriated land.
Article 10: The municipal and county administrative departments of land and resources shall, in accordance with the approved land expropriation plan, formulate a compensation and resettlement plan for the expropriated land within 45 days from the date of the announcement of the expropriation of the land, and make public announcements in the townships, villages, communities and groups in the areas where the land is to be expropriated, so as to listen to the opinions of the rural collective economic organizations and the farmers whose land is to be expropriated.
Article 11 If the rural collective economic organizations, rural villagers and other rights holders of the expropriated land request a hearing on the compensation and resettlement plan for the expropriation of land, they shall submit a written request to the relevant municipal, county (district) administrative department of land and resources within 10 working days from the date of the announcement of the compensation and resettlement plan for the expropriation of land, and the administrative department of land and resources shall organize a hearing in accordance with the "Provisions on Hearing on Land and Resources". .
After the announcement of the compensation and resettlement plan for land expropriation is released, the people's government of the county (district) shall organize the relevant departments to conduct a social stability risk assessment of the implementation of land expropriation, demolition and relocation in accordance with the relevant regulations, and form a risk assessment report.
Article 12 After the compensation and resettlement plan for land expropriation is reported to the municipal or county people's government for approval, it shall be implemented by the land expropriation contractor.
Article 13 The costs of land expropriation shall be paid in full within three months from the date of approval of the compensation and resettlement plan for land expropriation to the rural collective economic organizations, rural villagers and other rights holders of the expropriated land.
Chapter III Compensation and Subsidies for Land Expropriation
Article 14 The area of land expropriated shall be calculated on the basis of the measured (horizontal projection) area. Land categories are classified according to the Classification of Land Use Status Quo as the basis for calculating various compensation and subsidy fees.
Article 15 The annual production value standard for the expropriation of arable land shall be based on the unified annual production value standard for land expropriation approved and implemented by the provincial people's government.
Article 16 The compensation fees for seedlings shall be converted in accordance with the unified annual production value standard. Large spring crops of two seasons a year shall be compensated at 60% of the unified annual production value standard, and small spring (dry land) crops shall be compensated at 40% of the unified annual production value standard; other crops of one season a year shall be compensated at the unified annual production value standard, and no compensation shall be made for the absence of green seedlings.
Article 17 The multiples of land compensation and resettlement subsidy for the expropriation of arable land shall be calculated in the following manner. The land compensation fee for the expropriation of each mu of arable land shall be calculated at 10 times the unified annual production value standard. The resettlement subsidy shall be calculated according to the per capita arable land area of the collective economic organization of the land to be expropriated in accordance with the following standards: if the per capita arable land is 1 mu and above, the multiplier of 6 times the uniform annual production value standard for each mu of arable land; if the per capita arable land is less than 1 mu, the multiplier of 6 times the uniform annual production value standard shall be calculated for each resettlement population. If the sum of the two compensation fee multiples for the expropriation of arable land is less than 16 times, it shall be calculated at 16 times.
The land compensation fee and resettlement subsidy for the expropriation of non-cultivated land shall be calculated at half the above standard.
Article 18 Compensation for attachments on the ground shall be calculated according to the compensation standards for above-ground structures and other appurtenances (for details, see Annex 1), the compensation standards for electric poles (including appurtenances) and electric wires (for details, see Annex 2), the compensation standards for pipelines (for details, see Annex 3), the compensation standards for piecemeal forests (for details, see Annex 4), the compensation standards for patches of forests (for details, see Annex 5), and the compensation standards for piecemeal flowers and plants (for details, see Annex 6) are implemented.
Crops, economic forest trees, fruit trees and other aboveground attachments that are planted on the date of the announcement of land acquisition are not compensated.
Article 19 If the same piece of land is planted with a variety of economic forests, fruit trees, flowers, timber trees and other attachments, they shall not be counted, registered and registered according to their varieties, specifications and quantities, and shall be compensated according to the area of the variety with the largest number of plants.
Article 20 After the arable land of a rural collective economic organization has been partially expropriated in accordance with the law, if it involves the adjustment of the contracted land, the contractor of the expropriated land shall pay the contracted land adjustment fee to the rural collective economic organization of the expropriated land based on the amount of work involved in the adjustment of the land.
Chapter IV Resettlement of Persons
Article 21 In the case of expropriation of land collectively owned by farmers, only those persons who have the following conditions and who have been identified by the collective economic organization may be resettled and subsidized as members of the rural collective economic organization, and participate in the distribution of compensation for the land:
(1) those whose permanent residence accounts are within the rural collective economic organization of the land to be expropriated;
(2) those who Those who enjoy the rights to land contract management, the use of homesteads, decisions on important matters, and the distribution of property rights and interests in accordance with the law;
(3) those who perform the obligations of the rural collective economic organization such as undertaking rural compulsory work and labor accumulation work in accordance with the law.
Article 22 In any of the following cases, a person shall be regarded as a member of a rural collective economic organization to be resettled and subsidized, and to participate in the distribution of land compensation:
(1) conscripts, first-class non-commissioned officers, and second-class non-commissioned officers in active service who have been recruited from a rural collective economic organization;
(2) persons who were formerly a member of a rural collective economic organization, and who are now serving a fixed term of imprisonment, or who are under re-education-through-labour;<
(3) students enrolled in colleges and universities admitted from rural collective economic organizations;
(4) persons who have established marital relations with members of rural collective economic organizations and moved in normally according to law or who have given birth in accordance with the law;
(5) persons who have moved in according to law due to the need for construction of large and medium-sized water conservancy and hydropower projects of the State, and who have not yet exercised their relevant rights and fulfilled their relevant obligations.
Article 23 Where the arable land or land of a rural collective economic organization has been expropriated in its entirety in accordance with the law, and all the members of the collective economic organization have been resettled, and where the establishment of the collective economic organization of the expropriated land has been abolished with the approval of the expropriated organization, the compensation for the land and resettlement subsidies shall be used entirely for resettlement of the personnel after the land is expropriated. The property of the former rural collective economic organization shall be registered in a register and announced to the members of the collective economic organization, and its property and the debts and liabilities involved shall be enjoyed or borne by the members of the former rural collective economic organization *** together.
Article 24 Where the land of a rural collective economic organization has been partially expropriated in accordance with law, the number of persons resettled from farming to non-farming shall be the amount of land expropriated divided by the amount of land occupied per capita by the rural collective economic organization prior to the expropriation of the land.
Where land is expropriated for a separately sited project outside the urban planning area, and where the land is expropriated with more arable land resources and the per capita arable land is more than one mu, agricultural resettlement may be carried out on the basis of respecting the wishes of the farmers whose land is expropriated.
Article 25 When the land of a rural collective economic organization is partially expropriated, the land compensation fee shall be paid directly to the rural collective economic organization for the purpose of developing production, arranging for the employment of the excess labor force caused by the expropriation of the land, and the living subsidies of those who are unable to be employed, as well as for the payment of social insurance fees, with the specific measures to be formulated separately, and no other unit shall retain and divert the land or use it in a disguised manner. The resettlement subsidy is used for the production and living resettlement of the members of the rural collective economic organization of the expropriated land, and if the resettled persons participate in the social insurance in accordance with the regulations, the resettlement subsidy shall be used first for the payment of the social insurance fees, and the remaining portion of the resettlement subsidy shall be retained as the individual living resettlement expenses.
Article 26 After the land expropriation contractor allocates the compensation and resettlement costs of the expropriated land to the rural collective economic organization of the expropriated land according to the regulations, the rural collective economic organization of the expropriated land shall distribute and use them reasonably according to the law under the supervision and guidance of the townships (townships) and villages, and shall make public the income, expenditure and distribution of compensation costs of the expropriated land to the members of the collective economic organization to be supervised. Agriculture, civil affairs and other departments shall strengthen the supervision of the distribution and use of land acquisition compensation costs within the rural collective economic organization.
Article 27 The agricultural population of the rural collective economic organization whose land has been expropriated is converted to a non-agricultural population as a result of the expropriation of the land, shall be included in the local street office, community, and residents' committee to be managed according to the urban residents, and shall be included in the social security system of the town. The minimum subsistence guarantee, unemployment insurance, medical insurance and old-age insurance of the agricultural to non-agricultural people in accordance with the relevant provisions of the state, provinces and municipalities.
Article 28: For the five-guaranteed households, low-income households, orphans, and persons with disabilities above the sixth grade (grade B of the second class) among the agricultural transferring personnel approved by the local civil affairs and other relevant departments, the land acquisition contractor shall provide each of them with a one-time additional living subsidy of 1,500 to 2,000 yuan.
Article 29 If a rural collective economic organization or an individual whose land is expropriated refuses to receive the various fees for the expropriation of land within the time limit specified in the notice, the fees in question shall be stored in a special account in the name of the rural collective economic organization or individual whose land is expropriated, and shall be regarded as having been compensated and resettled.
Chapter V Compensation and Resettlement for House Demolition and Relocation
Article 30 Where the land of a rural collective economic organization is expropriated in accordance with the law, and where it is necessary to demolish or relocate rural houses within the area of the expropriated land, the members of the rural collective economic organization involved in the demolition of the houses shall be compensated and resettled for the demolition and relocation of the houses.
The following persons involved in the demolition and relocation of rural houses shall be included in the scope of compensation and resettlement for house demolition and relocation:
(1) Persons in accordance with the provisions of Article 21 of these Measures.
(ii) persons whose permanent residence is not in the village or group of the land to be expropriated, but who are the spouse, children or parents of the head of the household to be demolished and have been living with them for a long time *** and have no housing elsewhere, and who are in compliance with one of the following situations:
1. those who have been moved to the rural collective economic organization of the land to be expropriated because of the marriage of their only son or daughter according to the law and have no housing in their place of origin and have not been entitled to, or have not participated in the allocation of the right to use the homestead base. The legal dependents who need to live with their children;
2. The legal guardian children who moved into the rural collective economic organization of the expropriated land due to marriage in accordance with the law and moved in with their children;
3. Those who were originally members of their own collective economic organization and have been converted to non-native status due to the expropriation of their own collective economic organization's land, but have not been subjected to compensation and resettlement for housing demolition and relocation;
4. Those who are in compliance with the provisions of Article 22 of these Measures. Persons who meet the provisions of Article 22 of these Measures.
Land acquisition for national construction demolition and relocation of housing, has implemented the monetary compensation resettlement or housing resettlement of people, shall not be in the subsequent land acquisition demolition and relocation of housing resettlement again into the scope of resettlement personnel. However, the implementation of self-demolition and self-build resettlement mode involves the second demolition of housing, except.
Article 31 The expropriation of the land of rural collective economic organizations in accordance with the law and the partial expropriation of the land of rural collective economic organizations within the recent construction control area of urban planning involves the demolition and relocation of rural housing, shall not be taken to self-demolition and self-built resettlement, by the demolished households to voluntarily choose the resettlement mode from among the following two modes:
(1) Monetary resettlement
Demolished households to select the In case of monetary resettlement, the house to be demolished shall be subject to the area and structure of legal property rights, and the part within 30 square meters per capita shall be compensated according to the replacement price standard in the order of frame, brick-concrete, brick-wood, soil-wood (including wood structure), and simple structure; and the part of 30 square meters per capita or above shall be compensated according to the replacement price standard by increasing it by 0.9 times (please refer to Attachment 7 for more details).
Money resettlement of the demolished households, in addition to housing at the replacement price compensation, should be based on the population to be resettled by the demolished households, the demolished households counted on the purchase of housing subsidies. The house purchase subsidy is calculated on the basis of 30 square meters per capita, with a subsidy of 1,100 yuan per square meter.
The compensation for the replacement price of the house and the subsidy for the purchase of the house shall be paid in one lump sum by the land expropriation contractor to the evicted households, who shall purchase their own houses for resettlement, and the residual value of the house to be demolished shall be owned by the land expropriation contractor.
(2) Housing resettlement
The land expropriation contractor or the land expropriation contractor entrusts the relevant owners to build resettlement houses according to the planning for the resettlement of the demolished households, and the demolished houses and the resettlement houses shall be exchanged for property rights.
Demolished households choose housing resettlement, per capita 30 square meters of floor space for resettlement standards, according to the property rights of the household should be resettled population resettlement area, should be resettled population of 1, resettlement of 45 square meters of complete sets of housing 1 set. If the population to be resettled is more than 2 persons, the resettlement area shall be calculated according to the actual population to be resettled. The demolished households shall exchange their property rights with the resettlement houses with legal property rights within the per capita resettlement standard area in the order of frame, brick, brick and wood, earth and wood (including wood structure), and simple structure.
The floor area of each resettlement house shall not exceed the resettlement area calculated on the basis of 30 square meters per person. The actual resettlement area exceeds the resettlement area of 10 square meters within the part of the cost price by the demolished households to make up the difference, more than 10 square meters in excess of the part of the resettlement of the local average selling price of commercial housing by the demolished households to make up the difference.
The remaining legal title area of the demolished house after the property right exchange shall be compensated 0.9 times higher than the replacement price standard for houses of different structures. After the housing resettlement compensation, the residual value of the house belongs to the land acquisition unit.
Article 32 of the partial expropriation of land outside the recent construction control area of urban planning rural collective economic organizations need to carry out rural housing demolition and relocation, the implementation of self-demolition and self-built resettlement.
If the self-demolition and self-construction method of resettlement is implemented, the area and structure of the legal property rights of the houses to be demolished and relocated shall be compensated according to the standard of the replacement price of the houses increased by 0.1 times.
The compensation for the replacement price of the house shall be paid by the land acquisition contractor to the demolished households in a lump sum, and then the demolished households shall be resettled in their own houses, and the residual value of the houses shall be owned by the demolished households.
Article 33 Buildings and structures to be demolished and compensated for are based on the Collective Land Use Certificate for Construction, the Certificate of House Ownership, or approved legal procedures. The area shall be surveyed and approved by the land expropriation contractor or entrusted to the relevant units in accordance with the requirements of national specifications.
Article 34 The demolition and relocation of lawful houses that simultaneously meet all the following conditions may be compensated in accordance with the production and office (non-residential) and commercial business use:
(1) those approved by the administrative department in charge of planning for the purpose of production, office and commercial business;
(2) those approved by the administrative department in charge of land and resources for the purpose of production, office and commercial business;
(c) the administrative department for industry and commerce for the business license and the location and area of the business site and the planning, land and resources administrative department for the approval of the location and area of the same;
(d) by the administrative department of taxation for tax registration and the basis for the payment of taxes.
The compensation standard for production and office buildings shall be 1.6 times higher than the replacement price standard stipulated in Annex 7 of these Measures; the compensation standard for commercial business buildings shall be 2 times higher than the replacement price standard stipulated in Annex 7 of these Measures.
Article 35 The following buildings and structures shall not be compensated, and shall be demolished by the evicted persons themselves on a scheduled basis:
(1) Temporary buildings and structures that are due for expiration;
(2) Buildings and structures constructed in violation of laws and regulations;
(3) Buildings and structures snatched from the date of the announcement on the expropriation of land.
Article 36 If the evicted person moves out early within the time limit for demolition and relocation, the land requisition contractor may give appropriate incentives. The land expropriation contractor may give appropriate rewards to the persons concerned who actively participate in and support the work of land expropriation, demolition and relocation.
Article 37 The transitional resettlement of housing demolition and relocation by the demolished person to solve their own, in the municipal jurisdiction of each person per month to the transitional turnover 100-150 yuan, the transition period for 12 months; transition period of more than 12 months, the period of time exceeding the expropriation of the land contractors to increase by one times the transitional turnover fee issued. For those who are resettled in money and demolished and built by themselves, the land acquisition contractor shall issue 3 months' transitional turnover fee.
Article 38 If a temporary building has not exceeded the approved period of use, it shall be compensated according to the standard of the replacement price of the simple structure; the subsidies for moving, cooking, and lost labor shall be subsidized according to the standard stipulated in Annex 8 of these Measures.
Chapter VI Legal Liability
Article 39 If a party refuses to move after the expropriation and use of land for construction, compensation and resettlement in accordance with the law, the administrative department of land and resources of the people's government at or above the county level shall order it to hand over the land; and if it refuses to hand over the land, it shall apply for compulsory execution in accordance with the law.
Article 40 In the process of land expropriation, if the parties concerned do not comply with the provisions of the relevant state laws and regulations, and if any of the following circumstances are minor, the public security organs shall impose penalties in accordance with the Law of the People's Republic of China on Punishments for the Administration of Public Security of the People's Republic of China*** and of the People's Republic of China; if the circumstances are serious, and if the case constitutes a crime, the parties concerned shall be investigated for criminal liability in accordance with the law:
(1) Fraudulently obtaining funds for compensation, subsidies and resettlement of expropriated land;
(ii) inciting trouble, disturbing social order, or obstructing national construction;(iii) obstructing state officials from carrying out their official duties in accordance with the law.
Article 41 If a land expropriation unit and its staff neglect their duties, abuse their powers, commit fraud for personal gain or misuse, or misappropriate, retain or squander compensation and resettlement subsidies and fees for expropriation of land, the unit or higher competent authority shall be held administratively liable in accordance with the law; and if the case constitutes a crime, it shall be held criminally liable in accordance with the law.
Article 42 Where there is a dispute over compensation for land expropriation, the people's government of the city or county (district) shall adjudicate. Disputes over compensation and subsidies for resettlement of expropriated land shall not affect the implementation of the program of land expropriation.
Chapter VII Supplementary Provisions
Article 43 In the case of collective construction in a township (town) or village occupying collective land, the ground attachments may be compensated with reference to the standards stipulated in these Measures.
Article 44 The people's governments of Fushun County and Rong County shall formulate implementation rules in accordance with the provisions of these Measures and report them to the Municipal People's Government for approval before implementation.
Article 45 These Measures shall come into force on the date of publication. According to the people's government of sichuan province "on agreeing to zigong city expropriation of land seedlings and ground attachments compensation standard approval reply" (chuanfu letter [2012] no. 89) standard, the preparation of expropriation of land compensation and resettlement program reported to the provincial government for approval of the land, in accordance with the provisions of these measures standard implementation of expropriation of land compensation.
Zigong Municipal People's Government on October 19, 2009 issued the "Zigong City Construction Expropriation of Land Compensation Subsidies and Resettlement Measures" (Zigong Municipal People's Government Decree No. 65) shall be repealed at the same time.
Attachments: 1. Compensation Standards for Aboveground Structures and Other Appurtenant Facilities for Land Acquisition for Construction in Zigong City
2. Compensation Standards for Electricity Poles (Including Appurtenant Facilities) and Electric Wires for Land Acquisition for Construction in Zigong City
3. Compensation Standards for Pipelines for Land Acquisition for Construction in Zigong City
4. Compensation Standards for Sporadic Forest Trees for Land Acquisition for Construction in Zigong City
5. Compensation Standards for Piecemeal Forestry on Land Acquisition for Construction in Zigong City
6. Compensation Standards for Sporadic Flowering and Floriculture on Land Acquisition for Construction in Zigong City
7. Standards for Replacement Price of Houses on Land Acquisition for Construction in Zigong City
8. Subsidies Standards for Moving, Playing Stoves, and Lost Time in Labor on Land Acquisition for Construction in Zigong City