Chapter I General Principles
Rule number one? According to the Measures of Chongqing Municipality on Land Acquisition Compensation and Resettlement (Decree No.55 of the municipal government) and the Notice of the municipal government on Relevant Matters Concerning the Adjustment of Land Acquisition Compensation and Resettlement Policy (No.45 [2008] of Yu Fu Fa), combined with the actual situation of our district, these detailed rules are formulated.
Rule number two? Where the demolition, compensation and resettlement of collectively owned land within the administrative area are concerned, these detailed rules shall apply.
Rule number three? Expropriation of collectively owned land shall be organized and implemented by the district land administrative department and the district land requisition management office.
Labor and social security, civil affairs, public security, letters and visits, agriculture, finance, taxation, auditing, supervision, planning, construction and other relevant departments shall, according to their respective duties, cooperate with the district land administrative departments and the district land requisition management office to do a good job in land acquisition, demolition, compensation and resettlement.
The people's governments of towns and sub-district offices shall assist district land administrative departments and district land requisition management offices to complete land requisition, demolition, compensation and resettlement.
Chapter II Demolition and Removal
Article 4? The demolition of buildings within the scope of land acquisition shall be handled in accordance with the following provisions:
(a) buildings belonging to the street (town) and rural collective economic organizations shall be demolished by themselves according to the time limit announced in the land acquisition, demolition, compensation and resettlement plan.
(2) Buildings belonging to individuals shall be demolished by themselves within 15 days from the date of demolition notice. Among them, the legal buildings with "Collective Land Construction Land Use Certificate" and "Rural Housing Ownership Certificate" (hereinafter referred to as "two certificates") are demolished within the specified time and passed the acceptance, and 30 yuan will be rewarded according to its legal area per square meter (except for simple shacks).
(3) If the owner of the house holding the "two certificates" applies for residual value acquisition, the acquisition standard shall be implemented according to Schedule 1, and the house after residual value acquisition shall be disposed of by the purchaser.
Article 5? Land-expropriated urbanites who have completed the registration of personnel and housing within the time specified in the government-approved land acquisition, demolition, compensation and resettlement plan, and demolished their houses within the time specified in the demolition notice, will be rewarded at 4000 yuan per person, and will not be rewarded within the time limit.
Article 6? Within the specified time, the relocated households will be given a one-time relocation allowance, with 3 or less people (including 3 people) per household in 500 yuan; More than 4 people (including 4 people) per household in 800 yuan. Transitional households are counted as 2 times.
Article 7? Due to the needs of construction, the relocated households must move ahead of schedule and belong to the unified preferential purchase and resettlement, and the transition fee will be issued from the month of relocation. The transition fee is calculated according to the actual number of transition months, with 200 yuan per person per month in Class I area and Kloc-0/60 yuan per person per month in Class II area.
Chapter three? Make up? compensate for
Article 8? Land expropriation should pay land compensation fees, resettlement subsidies and compensation fees for buildings, young crops and attachments on the ground according to law.
Article 9? The land compensation fee is calculated according to the projected area of the expropriated land regardless of the land category. The land compensation fee for the first-class area is RMB per mu 16000, and that for the second-class area is RMB per mu 15000.
Land compensation fee is the compensation obtained by rural collective economic organizations whose land has been expropriated. 80% of the total compensation for land expropriated shall be used as a whole for the landless peasants to participate in the basic old-age insurance for urban enterprise employees, and shall be allocated to the labor and social security department by the district land administrative department and the district land expropriation management office; The remaining 20% is paid to the rural collective economic organizations whose land has been expropriated, and used for developing the collective economy or arranging the production and life of the members of the collective economic organizations.
Article 10? The building shall be compensated according to the legal area of the "two certificates", and the compensation standard shall be implemented according to the attached table 1; Young crops are compensated according to the actual planting area at the time of land acquisition, and the compensation standard is implemented according to Schedule 2; The compensation standard for structures (attachments) within the scope of the right to use the homestead shall be implemented according to Schedule 3.
Rural residential converted to other uses, still according to the residential compensation.
Article 11? For the structures (attached objects) within the scope of land expropriation, the cooperative can choose one of comprehensive quota and factual measurement to compensate.
(A) the comprehensive quota method
The compensation area is calculated according to 1.6 times of the land survey demarcation area after deducting the area occupied by homestead and other buildings, and the compensation is given to the land-expropriated cooperative according to the standard of 15000 yuan per mu. Under the organization and guidance of the street (town) and village committee, the land-expropriated cooperative will dispose of the comprehensive fixed compensation fee in combination with the actual situation of the cooperative.
(2) According to the actual measurement method
The district land administrative department and the district land requisition management office, together with the street (town), village and community, form a joint working group to measure and register the structures (attachments) within the scope of land requisition.
Compensation standard for attachments planted in pieces: orchards, vineyards and dried fruit orchards are compensated at 6000 yuan per mu; Woody gardens, mulberry gardens and tea gardens are compensated at 4600 yuan per mu; Miscellaneous trees are compensated at 2300 yuan per mu; Herb Garden shall be compensated per mu 1800 yuan. Transplanted seedlings are compensated according to 50% of the above corresponding category standards. In the same plot, if two or more plants are intercropped, compensation shall be made according to one of the main varieties.
Forest land and attachments belonging to collective economic organizations are compensated at 5000 yuan per mu.
Article 12? The following buildings (structures) on the ground shall not be compensated:
(a) do not have the "two certificates" of the house;
(two) after the approval of the government land acquisition is issued, the buildings (structures) that are robbed and built are seized;
(3) Buildings (structures) built on illegal land;
(four) buildings (structures) on temporary land that have exceeded the approved use period or have been used for more than two years although there is no specified use period.
Article 13 The houses of the house owners who hold the "two certificates" but do not meet the housing placement conditions within the scope of land acquisition shall be compensated by 50% upward according to the similar standards specified in Schedule 1.
Article 14 If the relocated houses occupy agricultural land, they shall be compensated to the relocated households according to the approved area per mu 16000 yuan. Rural residents who relocate their houses in different places will be given a one-time relocation subsidy of 2000 yuan each.
Article 15 If the housing of the landless peasants is not within the scope of land acquisition, they will not be demolished, compensated or resettled. However, according to the homestead area determined in the Certificate for the Use of Collective Land for Construction, a one-time comprehensive compensation fee should be paid to the rural collective economic organizations whose land has been expropriated according to the standard of per mu 16000 yuan. After the compensation, the rural residents enjoy the same treatment as the members of the local rural collective economic organizations in the use of public facilities and public welfare undertakings. When the homestead needs to be requisitioned for national construction, the compensation and resettlement of the house shall be handled in accordance with the relevant provisions at the time of land acquisition.
Article 16 Personal cable TV and natural gas installation fees, broadband network opening fees and compensation standards for water meters and meters shall be implemented according to Schedule 4, and the telephone transfer shall be compensated by the invoice of the telecommunications department. The electric meter that belongs to the transformation of rural power grid is compensated to the cooperative. The water and electricity facilities of land-expropriated units (excluding rural households whose land is expropriated) shall be compensated according to the actual installation cost. The decoration of the demolished house will not be compensated.
Article 17? The building compensation standard of enterprises with "two certificates" shall be implemented according to Schedule 5, and the structures shall be implemented according to Schedule 3. The buildings (structures) after compensation shall be disposed of by the district land administrative department and the district land requisition management office. The relocation loss expenses of the demolished enterprise (including equipment relocation loss, shutdown loss and relocation expenses) shall be calculated at 15% to 20% of the depreciated net value of the relocated equipment.
Article 18? Compensation and resettlement for the construction of large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the relevant provisions of the state and Chongqing Municipality.
Chapter four? Personnel placement
Article 19 The following personnel within the scope of land acquisition shall be resettled in accordance with the relevant provisions or by adjusting the contracted land:
(1) Agricultural personnel;
(2) College students;
(3) Active duty conscripts and non-commissioned officers under 10 years (including 10 years);
(4) Reeducation-through-labour personnel.
Article 20? The following personnel shall not be placed:
(a) unable to establish a marriage relationship or support (maintenance) relationship to move in and have no contracted land;
(two) the rotation of retired people in rural areas.
Article 21? Determination of Land-expropriated Rural-to-Non-Rural Persons
If all the land of a collective economic organization is expropriated, all the members of the collective economic organization will turn from rural to urban areas. If the land of a collective economic organization is partially expropriated, the number of peasants to non-peasants shall be calculated and determined by dividing the sum of the expropriated cultivated land area (the area of orchards and pastures is calculated according to the cultivated land area, the same below) and 0.5 times of the non-cultivated land area by the per capita cultivated land area of the expropriated collective economic organization. The per capita cultivated land area is the cultivated land area recorded in the collective land ownership certificate (excluding the expropriated cultivated land area) divided by the total number of rural collective economic organizations.
When the land of the collective economic organization is partially expropriated, after the contracted cultivated land of the land-expropriated farmers is expropriated, if the remaining cultivated land area is less than 0.5 mu per household, the land-expropriated farmers can separately apply for increasing the number of peasants in rural areas in accordance with the above provisions, until the remaining cultivated land area of the household reaches more than 0.5 mu per household. Farmers whose land has been expropriated have not applied for conversion from rural to non-rural areas, and the rural collective economic organizations have the conditions, they should adjust their contracted farmland.
In the urban (town) planning area, if the houses are expropriated and demolished, the demolished households may apply for all the peasants to turn to the countryside.
Article 22? Resettlement of Land-expropriated Rural-to-Urban Persons
Land-expropriated peasants are registered as urban residents in accordance with the law and incorporated into the basic old-age insurance system for urban enterprise employees. According to the municipal government's "Trial Measures on Printing and Distributing the Basic Old-age Insurance for Land-expropriated Peasants in Chongqing before 2007 1 February 3 1 day and the Trial Measures for New Land-expropriated Peasants in Chongqing after 2008 1 day" In 2008 1 month 1 future land acquisition, the savings pension insurance method will no longer be implemented.
The resettlement subsidy is calculated according to the number of agricultural population transferred to non-resettlement, and the resettlement subsidy standard for each agricultural population transferred to non-resettlement is 28,000 yuan.
The payment of resettlement subsidies is determined according to the different age groups of the landless peasants. In the month when the land acquisition compensation and resettlement plan is approved according to law, the resettlement subsidy will be paid in full to individuals who are under the age of 16. For the land-expropriated peasants aged 16 and above, their individuals should pay 50% of the total cost of participating in the basic old-age insurance for employees of urban enterprises in accordance with relevant regulations, and the district land administrative department and the district land expropriation management office will allocate them to the district labor and social security department from their resettlement subsidies to be used exclusively for the basic old-age insurance for the land-expropriated peasants, and the rest of the resettlement subsidies will be paid to individuals to arrange their production and life.
If 80% of the land compensation fee and the monk who pays the basic old-age insurance fee cannot meet the fund needs of the land-expropriated peasants to participate in the basic old-age insurance, the difference shall be made up by the land-expropriated unit until the fund needs of the land-expropriated peasants to participate in the basic old-age insurance are met.
Article 23? The following urbanites can be allocated to the civil affairs department in one lump sum by the district land administrative department and the district land requisition management office, and the civil affairs department will make resettlement or monthly payment of living expenses according to the provisions:
(1) Orphans under the age of 18;
(2) A widowed person with a male over 60 years of age and a female over 50 years of age;
(3) Persons with disability certificates, incapacitated and without guardians;
(four) the people's hospitals at or above the county level have proved that they are mentally ill and have no guardians.
Article 24? District labor and social security departments, streets (towns) should establish and improve the unemployment registration system and employment service system, actively provide policy advice, employment guidance, employment training, job introduction and other services, develop jobs through multiple channels, enhance employment absorption capacity, improve and optimize the employment environment, and promote the employment of landless peasants who have employment aspirations within the working age. Land-expropriated peasants of working age can enjoy the relevant preferential policies for the employment of registered unemployed people in cities and towns. Land-expropriated peasants or children of land-expropriated peasants attending all kinds of secondary vocational schools within their respective administrative areas can enjoy the study subsidy policy with reference to the relevant provisions of the Decision of the Municipal Party Committee on Accelerating the Industrial Development of the Reservoir Area and Focusing on Solving the Employment of Immigrants and Promoting the Prosperity and Stability of the Reservoir Area (Yu Wei Fa [2006]18).
Article 25? Each street (town) shall establish a multi-channel and multi-form relief system for the landless peasants. The families of landless peasants who have difficulties in living and meet the minimum living guarantee conditions for urban residents shall be handled by the district civil affairs department in accordance with the relevant provisions of the minimum living guarantee for urban residents.
Article 26? From 2008 1 month 1 day, the social security co-ordination fee (hereinafter referred to as the co-ordination fee) will be levied when the land is approved. The overall planning fee is charged according to the land area, and the operating land (including the state-owned construction land in stock) and urban development land are charged according to the standard of 30,000 yuan per mu; The newly acquired industrial land is charged according to the standard of per mu 1 10,000 yuan.
Co-ordination fee is included in the land cost, which will be uniformly collected by the municipal finance department, and will be included in the special account management as municipal special income, which will be earmarked for co-ordination and adjustment of social security fees for land-expropriated peasants. Specifically, it shall be implemented in accordance with the Emergency Notice of the Municipal Bureau of Land and Housing on Issues Related to the Collection of Social Security Co-ordination Fees for Land-expropriated Peasants (No.86 [2008] of Chongqing Land and Housing Administration) and the Notice of the Municipal Finance Bureau and the Municipal Bureau of Land and Housing on Issues Related to the Collection and Management of Social Security Co-ordination Fees for Land-expropriated Peasants (No.0/44 of Chongqing Finance Construction [2008]).
Chapter five? Housing placement
Article 27? Before the effective date of the government land acquisition announcement, the land-expropriated peasants who hold the "two certificates" of the demolished houses are the housing resettlement targets.
Article 28? In any of the following circumstances, it shall not be placed:
(a) rural residents whose houses have been demolished and have not turned from rural to urban areas;
(2) Persons whose houses have not been demolished;
(three) urban residents who have acquired housing property rights through sale, inheritance and gift, except that there is no housing in cities and towns.
Article 29? According to the requirements of the government's land requisition announcement, the registered permanent population (including urban residents) living within the land requisition scope shall register at the designated place with legal documents (household registration book, ID card, collective land construction land use certificate and rural house ownership certificate).
Article 30? The housing resettlement object shall be resettled according to the standard of 30 square meters per capita.
Article 31? Housing resettlement is carried out in two ways: unified construction, preferential purchase of houses or monetary resettlement. Each household can only choose one resettlement method in the form of written application.
Article 32? The object of housing placement is to choose the unified preferential purchase of houses or monetary resettlement housing, and the household shall be handled according to the following provisions:
(a) the choice of unified construction preferential purchase
The per capita 30 square meters part is purchased at the compensation price of brick wall (strip stone) prefabricated cover at the time of land acquisition.
Determine the corresponding house type according to the specified area standard. Due to the limitation of apartment design, the part of each house exceeding the specified standard of 5 square meters shall be purchased at 50% of the housing construction and installation cost; The part that exceeds the specified standard by more than 5 square meters 10 square meter shall be purchased according to the construction and installation cost of the house; The part exceeding the specified standard 10 square meter shall be purchased according to the comprehensive cost of the house. If the number of units is increased or increased due to special reasons, the increased area shall be purchased at the monetary resettlement price after my application and approval by the resettlement party.
In case of divorce and household separation after the effective date of the government land acquisition announcement, the corresponding minimum house type shall be determined according to the specified area standard, and the part exceeding the specified standard shall be purchased according to the comprehensive housing cost.
Due to the limitation of apartment design, if the purchased house area does not meet the specified standard, the insufficient part will be compensated according to the monetary resettlement price.
(2) If monetary resettlement is selected, the resettlement amount shall be the monetary resettlement price × 30m2/person.
Article 33? Before the effective date of the government land acquisition announcement, if the housing resettlement object is married but has not yet given birth and chooses to purchase houses at a preferential price, 20 square meters of housing can be purchased at 50% of the housing construction and installation cost; If monetary resettlement is selected, the increased resettlement amount is the monetary resettlement price × 20m2/person.
Article 34? When the resettlement party announces the housing resettlement, if the housing resettlement object has reached the legal age of marriage but has never been married, and chooses to purchase a house at a preferential price, it can purchase an additional 20 square meters of housing according to the housing construction and installation cost; If monetary resettlement is selected, the increased resettlement amount is the monetary resettlement price ×15m2/person.
Article 35? Before the effective date of the government land requisition announcement, if the spouse (remarriage takes three years), children, spouses and children of the housing resettlement object are registered as urban residents, and there is no housing elsewhere and they have lived with the housing resettlement object for a long time within the scope of land requisition, and they have not enjoyed any form of welfare housing allocation treatment, they will be merged with the housing resettlement object after the approval of the resettlement party, and handled according to the following categories:
(1) Spouse
If you choose to purchase a house at a preferential price, you can buy a house of 30 square meters according to the compensation price of brick wall (strip stone) prefabricated cover at the time of land acquisition; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price × 30m2/person.
(2) Children
If you choose to buy a house at a preferential price, you can buy 20 square meters of housing at 50% of the cost of building construction and installation; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price × 20m2/person.
(3) Spouses and children of children
If you choose to purchase a house at a preferential price, you can buy a house of 20 square meters according to the comprehensive cost of the house. Due to the design restrictions of the apartment, the part exceeding the prescribed area will be purchased at the monetary resettlement price; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price × 10 m2/person.
Article 36? Before the effective date of the government land requisition announcement, urban residents with "two certificates" who have lived in the land requisition for a long time, the holder, the holder's spouse and children have no housing elsewhere, and have not enjoyed any form of welfare housing allocation treatment, shall be classified according to the following circumstances after being examined and approved by the resettlement party:
(a) the holder and spouse
If you choose to purchase a house at a preferential price, you can buy a house of 30 square meters according to the compensation price of brick wall (strip stone) prefabricated cover at the time of land acquisition; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price × 30m2/person.
(two) the children of the holder
If you choose to purchase a house at a preferential price, you can buy a 20-square-meter house at 50% of the construction cost of the house, and merge it with the holder; If monetary resettlement is selected, the resettlement amount is the monetary resettlement price × 20m2/person.
Article 37? After the effective date of the government land acquisition announcement, people who remarry after the divorce of the housing resettlement object or increase for other reasons will not be resettled.
Article 38? If the husband and wife with registered permanent residence in two rural collective economic organizations are both the objects of housing placement, they will be merged into one household for housing placement. Housing placement objects in 2 or more rural collective economic organizations have houses, only once after the house demolition. Due to the phased land acquisition, the family members of the same household have successively turned from agriculture to non-agriculture, and the merger and resettlement of those who first turned from agriculture to non-agriculture.
Article 39? For the housing resettlement objects expropriated after 1 month 1 day in 2008, if monetary resettlement is selected, they can choose to purchase the directional housing provided by the district land administrative department and the district land requisition management office and sign the directional housing purchase contract; Those who don't buy directional housing will be rewarded according to 15000 yuan per person on the basis of one-time settlement of resettlement funds.
Other people who meet the housing resettlement conditions, choose monetary resettlement housing and do not buy directional housing, will be rewarded at 5000 yuan per person.
Article 40? The transition fee is paid to:
(a) housing resettlement object;
(two) the spouse and children of the housing resettlement object who meet the housing resettlement conditions;
(three) urban residents who hold the "two certificates" and meet the housing resettlement conditions.
No transition fee will be paid to active duty conscripts, noncommissioned officers under 10 years, reeducation-through-labor personnel and peasants who have no housing in rural areas.
Article 41? Newborns born normally during the transition period will be counted according to the month of birth after entering the household; Active duty conscripts and noncommissioned officers under ten years shall be counted and issued from the month of discharge; Reeducation-through-labor personnel shall be paid from the month of release; The death toll stopped from the month after death.
Article 42? If the housing resettlement object chooses monetary resettlement, no transition fee will be paid, and each person will be given a one-time relocation subsidy of 2000 yuan.
Article 43? The construction and installation cost of resettlement houses includes the cost of foundation, main body, roof, water and electricity installation and other projects; The comprehensive cost of resettlement housing is Jian 'an cost plus land cost, environmental engineering, supporting engineering and other expenses; Jian 'an cost and comprehensive cost shall be approved and published by the district land administrative department, the district land requisition management office and the district construction administrative department.
The monetary resettlement price shall be formulated and published by the district government according to the principle of not less than the sales price of affordable housing in adjacent areas within the scope of land acquisition.
Article 44? Choose to build a preferential housing purchase personnel to buy resettlement houses, the housing resettlement unit is responsible for handling real estate warrants. The natural gas installation fee for resettlement houses shall be borne by the resettlement households themselves and paid at the time of purchase.
Article 45? Resettlement houses from rural areas to non-rural areas shall be set aside with special maintenance funds according to the proportion of 3% of Jian 'an cost, and shall be earmarked for the overhaul, renewal and transformation of * * * parts and * * * facilities and equipment of this resettlement house after the warranty period expires.
Article 46? Housing owners should pay property management fees to property management units in accordance with relevant regulations.
Chapter six? Attached? rule
Article 47? District-level departments should, according to their respective responsibilities, * * * do a good job in land acquisition, demolition, compensation, resettlement and the basic living security of landless peasants, so as to ensure a smooth transition in the process of linking old and new policies.
District land administrative departments and district land requisition management offices are specifically responsible for the implementation of land acquisition, demolition, compensation and resettlement, and the transfer of funds for basic old-age insurance for land-expropriated peasants; Cooperate with relevant departments to confirm and register the identity of the insured.
District labor and social security departments should do a good job in social security and employment training for landless peasants, and improve the social security and employment service system.
District civil affairs departments should do a good job in the minimum living guarantee and difficult relief work for eligible land-expropriated peasants.
District public security departments should do a good job in household registration audit, statistics and confirmation of land acquisition related personnel, and handle household registration according to regulations.
The district letters and visits office should do a good job in the reception of letters and visits by land-expropriated peasants.
District agricultural departments should do a good job in the supervision and management of property distribution and use of rural collective economic organizations whose land has been expropriated and the adjustment of land contractual management rights.
The district finance department should do a good job in the transfer and disbursement of subsidies for basic old-age insurance.
District tax departments should do a good job in relevant work in accordance with relevant policies and regulations.
District audit and supervision departments should do a good job in the supervision and inspection of the implementation of land acquisition compensation and resettlement policies.
District planning, construction and other departments should do a good job in the supervision and management of the site selection, project quality and safety of resettlement houses and directional housing.
Article 48? These Detailed Rules shall be implemented as of 1 month/day, 2008. If the original provisions are inconsistent with these Detailed Rules, these Detailed Rules shall prevail. The documents No.93 [1999] of Yuanjiang District and No.20 [2005]1of Jiangbei District shall be abolished at the same time.
Land requisition, demolition, compensation and resettlement that have been implemented in accordance with the law before 2008 1 month 1 month shall be handled according to the original regulations.
Land acquisition has been carried out in accordance with the law before/month/month/month/month/month/month/month/year/month/year/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/month/
Article 49? The first category refers to the administrative areas of Shimahe Street, Dashiba Street, Guanyinqiao Street, Huaxin Street, Wulidian Street, jiangbei town Street, Cuntan Street and Tieshanping Street, and the second category refers to the administrative areas of Guojiatuo Street, Yuzui Town, Fusheng Town and Wubao Town.
Article 50? The housing resettlement area mentioned in these rules refers to the housing construction area.
Article 51? The problems in the specific implementation of these rules shall be interpreted by the district land administrative department and the district land requisition management office.
Attached Table: 1. Compensation Standard for Land Expropriation and House Demolition in Jiangbei District
2. Compensation standard for young crops of land expropriation in Jiangbei District
3 Jiangbei District land expropriation structure (attached) compensation standard.
4. Compensation standards for land-related facilities in Jiangbei District
5. Compensation standard for house demolition of land acquisition and "two certificates" units in Jiangbei District.