Current location - Loan Platform Complete Network - Local tax - What is the new standard of land expropriation compensation in Maoming in 2022?
What is the new standard of land expropriation compensation in Maoming in 2022?
1. How is the new standard of compensation for land expropriation in Maoming stipulated? Chapter I General Rules of Implementation Measures for Compensation and Resettlement of Houses Expropriated on Collective Land in Maoming City Article 1 In order to strengthen the management of house expropriation on urban collective land, safeguard the legitimate rights and interests of expropriated people and speed up the pace of urban construction, according to Article 2 of the Property Law of People's Republic of China (PRC), the Urban and Rural Planning Law of People's Republic of China (PRC), the Land Management Law of People's Republic of China (PRC) and the Implementation Measures of Guangdong Province, these Measures are applicable to the municipal districts of Maoming City (including Maonan District, Maogang District and Binhai New Area, the same below). Article 3 The division of responsibilities of Maoming City in administering the house expropriation, compensation and resettlement on collective land is as follows: The District People's Government is responsible for the specific organization and implementation of the house expropriation, compensation and resettlement in its jurisdiction. The local town people's government, street offices and village (neighborhood) committees are responsible for the specific work of house expropriation and compensation and resettlement; City Housing and Urban-Rural Development Bureau is responsible for construction management; City Land Resources Bureau is responsible for land management; Urban and Rural Planning Bureau is responsible for planning and management; City land development and reserve center is responsible for the management of housing expropriation and compensation; Municipal Supervision Bureau is responsible for the supervision of immigration projects; The Municipal Audit Bureau is responsible for the audit of resettlement projects; The Municipal Price Bureau is responsible for price certification and preservation; Municipal finance, public security, development and reform, finance, civil air defense, culture, education, health, civil affairs, telecommunications, power supply, environmental protection, agriculture, forestry, taxation and other relevant departments shall, within the scope of their respective functions and duties, coordinate in the work of house expropriation, compensation and resettlement. Article 4 The principle of unified planning and classified implementation shall be applied to the expropriation, compensation and resettlement of collective land houses under the jurisdiction of Maoming City. Fifth housing expropriation must conform to urban and rural planning, municipal and public facilities and housing construction synchronous planning, synchronous construction, to achieve greening standards. Sixth municipal collective land housing expropriation and compensation and resettlement projects involving the property rights of administrative institutions, coordinated by the government according to law. Chapter II Administration of House Expropriation Article 7 The District People's Government shall issue an announcement in accordance with legal procedures, sign an agreement on compensation and resettlement with the expropriated person, and cash the compensation. Only after the expropriated person moves out of the house can the house be demolished. Article 8 The announcement of expropriation shall specify the object, scope, time limit, compensation and resettlement methods, standards, administrative reconsideration, administrative litigation rights and other matters, and publish the announcement of expropriation at the expropriation site. Article 9 If the expropriated person rebuilds, builds, expands, decorates or decorates the house and its attachments, changes the use of the house or transfers the property right of the house, compensation and resettlement shall be implemented according to the house condition before the expropriation announcement. Article 10 During the announcement period of house expropriation, the implementing unit of house expropriation and the expropriated person shall sign an agreement on compensation and resettlement for house expropriation formulated by the municipal house expropriation management department (hereinafter referred to as the agreement). The contents of the agreement include: compensation form, compensation amount, area and location of resettlement house, delivery time, relocation transition mode and transition period, relocation subsidy, temporary resettlement subsidy, payment method, liability for breach of contract and other terms that both parties think need to be concluded. Eleventh expropriation of housing management escrow housing, the compensation and resettlement agreement shall be notarized by a notary public, and for the preservation of evidence. Twelfth within the prescribed relocation period, the expropriated person refuses to move without justifiable reasons, the District People's Government shall apply to the people's court for compulsory relocation according to law. Thirteenth laws, regulations and rules on the expropriation of cultural relics and overseas Chinese, Hong Kong, Macao and Taiwan compatriots and foreigners, in accordance with the relevant laws, regulations and rules. Article 14 The municipal house expropriation department shall inspect the house expropriation, and the inspected shall truthfully provide the compensation and resettlement for the expropriation, and shall not refuse to accept the inspection. Fifteenth housing levy funds must be in place in full and on time, and stored in special accounts. Special account funds must be used for housing expropriation compensation and resettlement, and shall not be used for other purposes. City housing levy department should strengthen the supervision of the use of compensation and resettlement funds. The collection projects funded by the government shall be subject to the supervision of the departments of finance, auditing and supervision. Chapter III Compensation for House Expropriation Article 16 The house expropriation implementation unit shall compensate the owners of the expropriated legal houses, structures and their attachments. Compensation should follow the principles of openness, fairness, justice, reasonableness and legality, and accept social supervision. Seventeenth housing expropriation compensation, to the housing ownership certificate issued by the municipal real estate management department or other valid ownership certificate (including land use certificate, planning and construction permit, construction land approval, village, neighborhood certificate, etc.) as the basis. ). Eighteenth illegal buildings and temporary buildings that exceed the approved use period will not be compensated; Temporary buildings that do not exceed the approval period shall be compensated for the construction cost according to the residual value of the temporary buildings after evaluation, and no property right compensation shall be made (the evaluation results shall be verified by the municipal house expropriation management department); Illegal looting of houses (including simple sheds and decoration materials) will not be compensated; No temporary land use certificate issued by the land department will be compensated. Article 19 The house shall be compensated according to the standard specified in Schedule 1. Twentieth sporadic fruit, bamboo, wood compensation in accordance with the standards stipulated in Schedule 2. Twenty-first due to the expropriation of production and business premises caused by the loss of production and business operations, according to the income before the house was expropriated, the period of production and business operations and other factors, according to market evaluation or price certification for compensation. The expropriated person shall provide the house expropriation department with the average benefit of the year before the house expropriation (calculated according to the actual operating time for less than one year), the period of suspension of production and business and other relevant certification materials. The house expropriation department shall entrust a real estate price appraisal institution or a price certification department to evaluate or certify the loss of production or business suspension, and make compensation according to the evaluation or certification results. Twenty-second compensation items and standards that are not included in these measures, but should be compensated according to laws, regulations, rules or relevant policies, shall be compensated by the price certification center of the Municipal Price Bureau after price certification. Chapter IV House Expropriation and Resettlement Article 23 Before the announcement of house expropriation, if the expropriated person owns legal property rights and uses the house as the main residence and living room, the house expropriation implementation unit shall give the expropriated person proper resettlement when expropriation. Resettlement should follow the principle of "one household, one house". If the expropriated person still has the housing equivalent to or better than the expropriated house on the village collective land, it will not be resettled, and the expropriated house will be compensated only according to the standards in Article 19 of these Measures. Twenty-fourth monetary resettlement refers to a resettlement method in which the total amount of housing compensation, land compensation and other expenses is converted into cash and paid to the expropriated person in one lump sum according to the location of the house, and the expropriated person can solve the housing and living space by himself after receiving the money. The expropriated person who chooses monetary resettlement must meet the resettlement conditions stipulated in Article 23 of these Measures. Do not meet the resettlement conditions, only in accordance with the provisions of article nineteenth of the standard compensation. Monetary resettlement shall be paid according to the following standards: (1) Urban areas (referring to urban built-up areas and areas basically covered by urban infrastructure and public facilities), living and residential buildings east of Xiaodong River (bounded by Gaoshan Road south of Gaoshan Bridge), south of Dayuan Road, west of Maoming Avenue and north of Sanmao Railway, with reinforced concrete structure of 4,900 yuan/_ _ _, and brick-concrete structure of 4,480 yuan/_ _ _. In other urban areas outside the aforementioned areas, the price for reinforced concrete structure houses is 4550 yuan/_, and that for brick-concrete structure houses is 4 160 yuan/_. (2) Suburb (referring to the residential area near the urban area and the area closely related to the urban area such as the recent urban construction land), the reinforced concrete structure house is 4 160 yuan/_, and the brick-concrete structure house is 3,770 yuan/_. (three) planning control area (refers to the area that needs planning control due to urban construction and development) and market towns outside the urban area, suburban area and planning control area. The reinforced concrete structure house is 2990 yuan/_, and the brick-concrete structure house is 2600 yuan/_. (4) In other areas (villages outside the above three areas), the price for reinforced concrete buildings is 2600 yuan/_, and that for brick-concrete buildings is 2265438 yuan +00 yuan/_. When signing the agreement, the expropriated person who chooses monetary resettlement shall make it clear that his family members shall not return to the village group to apply for building houses, and shall not occupy rural homesteads in disguised form by purchasing rural houses. Houses that pay cash according to this standard will no longer pay compensation according to Article 19 of these Measures, and will no longer pay land compensation fees and other expenses. However, subsidies for interior decoration and moving can be compensated according to regulations, and temporary resettlement fees can be subsidized for 3 months. Article 25 Apartment-style resettlement means that the expropriated person chooses the resettlement house according to the approved construction area of residential and living houses (excluding miscellaneous houses) in the proportion of 1: 1. 1, and the property rights are exchanged; Houses replaced in this way will no longer pay compensation for house and outdoor decoration and land compensation according to Article 19 of these Measures, but can compensate indoor decoration, temporary resettlement subsidies and relocation subsidies according to regulations. Take apartment placement, within the scope of the municipal area, according to the planning scheme approved by the municipal planning department to build resettlement houses. Apartment-style residence is a blank room with reinforced concrete frame structure that meets the national quality and safety standards. Implement the principle of signing the agreement first and choosing the property right replacement housing first. Because the area of the resettlement house (suite) is not easy to divide, if the area of the resettlement house obtained by the expropriated person exceeds the resettlement area, and the area exceeds 10 square meter (including 10 square meter), the supplementary price shall be calculated according to the housing construction cost; If the area exceeds 10 square meter, the make-up price shall be calculated according to the average price of commercial housing in the resettlement area. However, in order to take care of the expropriated people with small housing area, if the total area of each resettlement house does not exceed 120 square meters, the additional price can be calculated according to the construction cost. Article 26 Self-built resettlement. Under the premise of conforming to the overall land use planning, the overall urban planning and the rural construction planning, the expropriated person can be resettled according to the principle that each household can only own one homestead (specifically, the subject who implements the house expropriation work can apply door by door according to the actual needs). Self-built resettlement is divided into self-built planning community and sporadic self-built. The implementation of self-built planning areas, roads and public facilities land by the housing levy implementation unit to solve; For those who choose to build their own houses sporadically, the space around houses and land for road construction will be arranged according to the proportion of resettlement area 1: 1, and the required funds will be paid by the house expropriation implementation unit. Solutions for the land used by sporadic resettlement households: ① The expropriated person first chooses the land arranged for the household in the villagers' group; (2) If the expropriated person has no land to choose, the villagers' group will make overall arrangements for building land; (3) If the village really can't arrange land for building, the implementation unit of house expropriation shall replace the old house base of the expropriated person with new land nearby to solve the resettlement. The newly-added homestead of sporadic resettlement households can be appropriately subsidized according to the actual situation, and the fee of "three links and one leveling" shall not exceed 25% of the total housing compensation. The implementation of self-built resettlement, resettlement land area according to the legal resettlement population of 30 square meters per person; 60 square meters for each widowed person and 90 square meters for a childless couple; No more than 150 square meters per household. Migrant workers (such as national civil servants, cadres and workers of enterprises and institutions) who legally own ancestral home ownership in their original place of origin shall, upon their own application, report to the Municipal Bureau of Land and Resources for examination and approval, and arrange resettlement land according to the proportion of the original living and living space 1: 1, with the maximum not exceeding 120 square meters. The implementation of self-built resettlement, in addition to compensation in accordance with the provisions of article nineteenth, no longer pay land compensation fees. Article 27 The following persons are the legally resettled population: (1) Persons who have lived or worked in the expropriated village for a long time (more than 30 years), contracted cultivated land and enjoyed the distribution of homestead and collective economic benefits; (two) in accordance with the laws, regulations and policies before the announcement of the collection or new; Both men and women meet the marriage conditions of the Marriage Law, and the man goes to the woman's house or the woman goes to the man's house to get married and settle down and participate in collective distribution; Because the father (mother) remarried, moved in with the father (mother) and participated in the collective distribution; Approved by the municipal and county (city, district) civil affairs departments, and apply for the "Adoption Certificate", allowing adoption; Newborns comply with family planning laws and policies; Violation of family planning laws and regulations, but has been investigated and dealt with by the government family planning department; (3) conscripts and noncommissioned officers serving in the army, demobilized veterans resettled by civil affairs departments, and college students studying at school; (four) are undergoing reeducation through labor, reeducation through labor, less education; (five) the provisions of laws, regulations or relevant policies. Article 28 In addition to the housing that meets the resettlement conditions, the expropriation of public houses, private houses attached to houses, pigsty, cowshed and other houses will only be compensated according to the provisions of Article 19 of these Measures, and monetization, apartment-style and self-built resettlement will not be implemented. The office buildings of villages and neighborhood committees can be solved according to the standards and methods of monetization, apartment building and self-built resettlement. Twenty-ninth illegal means, forged or altered documents and evidence, over-reported resettlement population, the over-reported population will not be resettled, and handed over to the relevant departments for legal treatment. Those who resort to deception to obtain marriage, childbirth and adoption procedures, or go through household registration procedures, shall be investigated and dealt with by relevant functional departments. Thirtieth legally resettled population, provided by the villagers' group, and by the district, town government investigation and audit, in the form of three lists to determine. Thirty-first relocation and resettlement transition period, the implementation of housing levy units to provide turnover housing. Can not provide a revolving room or the expropriated person does not stay in the revolving room after consultation, and temporary resettlement subsidies shall be given according to the legal resettlement population of the expropriated person; Monthly subsidy for each household with less than 5 people (including 5 people) 1 100 yuan, and monthly subsidy for each household with more than 6 people (including 6 people) 1300 yuan. Temporary resettlement subsidies generally do not exceed 18 months. Thirty-second swing space must have water supply, power supply, toilets, kitchens and other basic facilities necessary for life and simple decoration. Thirty-third after the provision of turnover housing, the expropriated person should move by himself within the prescribed time limit, and can receive a one-time relocation fee. The relocation fee is based on households, and each household is subsidized by 3000 yuan. Household as a unit, based on the household registration registered by the local public security department before the collection, shall be approved by the local district government in conjunction with relevant departments in accordance with relevant regulations. Chapter V Awards and Penalties Article 34 In order to encourage the expropriated person to actively cooperate with the house expropriation, the incentive measures for early relocation shall be implemented: (1) If the relocation is completed 30 days in advance within the prescribed time limit, 10% of the total compensation for the house shall be awarded. (two) within the prescribed period of time to complete the relocation 20 days in advance, according to 6% of the total housing compensation reward. (3) If the relocation is completed 10 days in advance within the specified period, a reward of 3% of the total housing compensation will be given. For projects that can be relocated in less than 30 days, the district government will set the relocation days according to the actual situation of the project. For those who complete the task ahead of schedule, the reward standard will be set separately, with the maximum being 10% of the total housing compensation. Thirty-fifth people, obstructing official duties, shall be dealt with by public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-sixth supervisory organs are responsible for monitoring the implementation of policies and regulations on house expropriation and compensation by relevant departments and their staff. Chapter VI Supplementary Provisions Article 37 The expropriation, compensation and resettlement of houses on collective land not belonging to Binhai New Area in counties and cities and Dianbai County may be implemented with reference to these measures. Article 38 These Measures shall be interpreted and supervised by the Municipal Land Development and Reserve Center, the Municipal Bureau of Land and Resources and the Municipal Urban and Rural Planning Bureau. Article 39 These Measures shall come into force as of the date of promulgation. Before the implementation of these measures, the projects that have issued the collection announcement shall continue to be implemented in accordance with the compensation standards determined in the original announcement.