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Measures of Wenzhou Municipality on the Administration of Expropriating Farmers' Collective Land (2020)
Chapter I General Provisions Article 1 These Measures are formulated in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China and the actual situation of Wenzhou City in order to regulate the land expropriation, expropriate land collectively owned by farmers according to law, and safeguard the legitimate rights and interests of rural collective economic organizations, farmers and other rights holders whose land has been expropriated. Second Lucheng District, Longwan District, ouhai district and Dongtou District administrative areas, the expropriation of land collectively owned by farmers shall be governed by these measures. Where laws, regulations and rules provide otherwise for land expropriation, such provisions shall prevail. Article 3 The Municipal People's Government shall be responsible for the expropriation of land collectively owned by farmers in urban areas.

The District People's Government or the functional area management committee shall be responsible for organizing and implementing the expropriation of land collectively owned by farmers within its jurisdiction.

Township People's Government (street office) is the specific implementation unit of land acquisition, responsible for the current situation investigation, risk assessment, compensation negotiation, compensation registration, agreement signing and other specific land acquisition work of land acquisition projects within its jurisdiction. Article 4 The departments of land resources and planning shall be responsible for the management and supervision of expropriation of land collectively owned by farmers. Responsible for drafting and organizing the implementation of land acquisition compensation plan.

The human resources and social security departments are responsible for the basic living security of landless farmers and the training before re-employment, and help landless farmers to re-employment.

The financial department is responsible for the revenue and expenditure management of land acquisition compensation funds, and collecting and supervising special funds for social security expenditures of landless farmers.

The agricultural and rural departments are responsible for the supervision of the use and distribution of land acquisition compensation and the handling of related disputes.

Housing and urban-rural construction departments are responsible for guiding housing compensation and resettlement work.

Development and reform, public security, civil affairs, water conservancy, comprehensive administrative law enforcement, auditing, market supervision and management, taxation and other departments shall, in accordance with their respective responsibilities, do a good job in related work. Article 5 The expropriation of land collectively owned by farmers shall be compensated and resettled by the government through payment of monetary compensation, issuance of resettlement targets for residential houses, provision of resettlement houses, arrangement of basic living security and promotion of employment. Chapter II Procedures for Land Expropriation Article 6 If it is really necessary to expropriate land due to the circumstances stipulated in Article 45 of the Land Administration Law of the People's Republic of China, after the scope of expropriation is determined, the departments of land resources and planning shall, jointly with the relevant departments, prepare a notice to start land expropriation, report it to the Municipal People's Government for approval, and make an announcement on the portal of the Municipal People's Government and the township (street), village (community) and villagers' group where the expropriated land is located. The announcement period shall not be less than 65433. The announcement on the start of land expropriation shall include the scope of expropriation, the purpose of expropriation, and the arrangement of land investigation. , and notify the public security, housing and urban and rural construction, natural resources and planning, market supervision and management, agriculture and rural areas, development and reform, taxation and other relevant departments. Suspension of household registration transactions, housing transactions, renovation (expansion) construction, decoration, issuance of business licenses, and adjustment of agricultural industrial structure within the scope of land acquisition improperly increase compensation fees. Article 7 For land expropriation, the Municipal People's Government shall organize the implementation of land status survey to investigate the ownership, category and area of land within the scope of land expropriation, the ownership, use and area of houses, and the ownership, category and quantity of other ground attachments and young crops. , by the Township People's government (street offices) specific organization and implementation. Where the area of land and housing needs surveying and mapping, a qualified surveying and mapping unit shall be entrusted to conduct on-the-spot surveying and mapping.

If it is necessary to inquire about real estate registration, household registration, tax payment, industrial and commercial registration, land contractual management right and other related information due to the investigation of land status, the departments of land resources and planning, public security, taxation, market supervision and management, agriculture and rural areas shall cooperate according to their respective responsibilities. Article 8 When land is expropriated, the Municipal People's Government shall, in accordance with the relevant provisions of social stability risk assessment, organize social stability risk assessment, comprehensively judge the social stability risk of farmers' collectively owned land, put forward risk prevention measures and disposal plans, and report them to the political and legal departments for the record, which will be implemented by the Township People's Government (street offices). Social stability risk assessment can be combined with preliminary work such as project approval, planning and site selection, and environmental impact assessment. Article 9 According to the social stability risk assessment, land status survey and land requisition compensation and resettlement standards, the natural resources and planning departments shall, jointly with the departments of finance, agriculture and rural areas, human resources and social security, house expropriation and other departments, prepare the land requisition compensation and resettlement plan. The compensation and resettlement plan for land acquisition includes the scope of land acquisition, land status, land acquisition purposes, compensation standards, resettlement methods, signing period, social security and so on. Article 10 The natural resources and planning department shall draw up an announcement on land requisition compensation and resettlement, and after it is approved by the Municipal People's Government, make an announcement on the portal website of the Municipal People's Government and the township (street), village (community) and villagers' group where the land is expropriated, and listen to the opinions of rural collective economic organizations and their members, villagers' committees and other interested parties. The announcement period shall not be less than 30 days. The survey results of land status should be published together with the compensation and resettlement plan for land acquisition. The announcement of land requisition compensation and resettlement shall include the scope of land to be requisitioned by the construction project, the plan of land requisition compensation and resettlement, the time limit for compensation registration, the unit and place, the application for hearing, the objection feedback channel, etc.

After the end of the announcement period, the receipt letter of the rural collective economic organization whose land has been expropriated shall be obtained, and the receipt letter shall include opinions.