Chapter I General Provisions

Article 1 In order to ensure the rational utilization of land resources and the smooth implementation of urban and rural planning, and protect the legitimate rights and interests of the parties involved in land expropriation, according to the Law of the People's Republic of China on Land and Land Administration, the Regulations for the Implementation of the Law of the People's Republic of China on Land and Land Administration, and the Implementation of Guangxi Zhuang Autonomous Region <: People's Republic of China and Land Management Law >: Measures "and" Nanning collective land requisition regulations "and other relevant laws and regulations, combined with the actual, these measures are formulated.

Article 2 These Measures shall apply to the expropriation of collective land for national construction within the urban area of this Municipality that requires compensation and resettlement.

Article 3 The Municipal People's Government shall be responsible for the expropriation of collective land within the urban area of this Municipality.

The municipal administrative department of land and resources is the expropriation department of collective land in this Municipality, and is responsible for the supervision and management of collective land expropriation in this Municipality.

The land acquisition and demolition office of the Municipal People's Government is responsible for the specific work of the management, coordination, supervision and guidance of collective land expropriation in this Municipality.

The people's Government of the city and the Administrative Committee of the Development Zone shall be responsible for organizing the specific work of collective land expropriation by the land expropriation agencies in this area.

The land acquisition agencies established by the urban people's government and the administrative committee of the development zone according to law are the implementing units of collective land acquisition within their jurisdiction.

Municipal development and reform, finance, planning, construction, housing, human society, supervision, letters and visits, urban management, cultural relics, gardens, public security, justice, industry and commerce, taxation, civil affairs, agriculture, forestry, water conservancy and other relevant departments shall do a good job in collective land expropriation in accordance with the division of responsibilities.

Article 4 According to the geographical location, the collective land within the urban area of this Municipality is divided into four districts with the administrative village (community or horticultural farm) as the unit:

(1) The first area includes administrative villages and Jiangqiao Village, Jicun Village, Zaojiao Village, Beihu Village, Lianchou Village, Su Lu Cun Village, Xijin Village, Datang Village, Tunli Village, Tunlu Village, Yongning Village (Xixiangtang District), Luolai Village, Hede Village, Zhenxing Village, Minghua Village, Xinwei Village and daling village.

(2) The second zone is outside the first zone, Administrative villages and Wuhe Community, Mocun Community, Tongfu Community, Jinhu Community, Rongmo Community, Najiu Community, Naliao Village, Santang Village, Naguang Village, Weichun Village, Ludong Village, Luxi Village, Xingxian Village, Shixi Village, Laokou Village, He 'an Village, Yong 'an Village, Zhongliang Village, Lezhou Village, jinji village, etc.

(3) The third zone is other than the second zone, Administrative villages within the new outer ring expressway of this city and Dongjiang Village, Defu Village, Minzheng Village, Youai Village, Tangun Village, Xilong Village, Siping Village, Wutang Community, Yingguang Village, Nabi Village, Sitang Community, Tongren Village, Natuo Village, Dadeng Village, Fulu Village, Jinjiang Village, Supen Village, Nade Village, Gusi Village, Juren Village and Hualian Village.

(4) fourth area is not included in the first, second and third zones except the new outer ring expressway.

Article 5 The urban people's government and the administrative committee of the Development Zone shall organize the relevant departments in their respective jurisdictions to register the registered agricultural population and the existing land of the rural collective economic organizations whose land has been expropriated in time after the completion of land acquisition, and report to the municipal land and resources administrative department for the record.

Article 6 If the population of the rural collective economic organizations whose land has been expropriated is all turned into non-agricultural population, the remaining collective land shall be turned into state ownership according to law and used by the original rural collective economic organizations. If the land needs to be used for construction, compensation and resettlement shall be carried out with reference to the provisions of these Measures.

Seventh rural collective economic organizations shall announce the income, expenditure and use of land compensation fees to the members of the collective economic organizations, and accept supervision.

Chapter II Procedures and General Provisions on Land Expropriation

Article 8 The municipal administrative department of land and resources shall, according to the overall land use plan, annual land use plan and urban construction plan, draw up the scope of land acquisition and issue a pre-announcement of land acquisition to the rural collective economic organizations whose land has been expropriated.

The pre-announcement of land expropriation includes the location, scope, area, compensation standard and resettlement way of the land to be expropriated.

The pre-announcement of land expropriation is valid for 2 years. If it is necessary to extend the time limit, the land-using unit shall apply to the municipal administrative department of land and resources for the extension of the pre-announcement of land expropriation.

During the period of validity of the pre-announcement of land expropriation, the departments of development and reform, planning, construction, land, housing, industry and commerce, taxation, public security, etc. shall suspend the examination and approval procedures for relevant licenses within the scope of land expropriation.

After the pre-announcement of land expropriation is issued, without approval, no unit or individual may rush to plant or seed within the scope of land to be expropriated, and may not build, expand or rebuild buildings, structures or other facilities or change the land use. In violation of the provisions, no compensation will be made in the implementation of land expropriation.

Article 9 After the pre-announcement of land expropriation is issued, the land expropriation agencies in urban areas and development zones shall make a written investigation and confirmation on the purpose, location, compensation standard, the number of agricultural population to be resettled, resettlement ways, ownership, land type and area of the land to be expropriated, and other related rights holders (hereinafter referred to as rights holders). If the obligee refuses to confirm without justifiable reasons, the land acquisition institution may take evidence preservation measures.

Article 10 Before the land requisition is submitted for approval according to law, the municipal administrative department of land and resources shall inform the obligee in writing that they have the right to apply for a hearing on the compensation standard and resettlement way of the land to be requisitioned. Where the obligee applies for a hearing, it shall organize a hearing in accordance with the procedures and requirements of the Provisions on Hearing of Land and Resources; If the obligee fails to apply for a hearing within the prescribed time limit, it shall be deemed as giving up the hearing. Land acquisition agencies in urban areas and development zones shall, according to the survey results and the registration of measurement and inventory, draw up plans for land acquisition compensation and resettlement, and negotiate with the right holders on land compensation and resettlement.

Eleventh land acquisition plan approved by the people's government of the State Council or the autonomous region, the Municipal People's government, the municipal administrative department of land and resources shall, in accordance with the provisions, respectively, release the announcement of land acquisition plan and compensation and resettlement plan. However, if an agreement on land acquisition compensation and resettlement is reached before the announcement of land acquisition plan, the land acquisition plan and compensation and resettlement plan can be announced together.

Article 12 If the obligee has any objection to the compensation and resettlement plan and requests a hearing, it shall submit a written application to the municipal administrative department of land and resources within 5 working days from the date of service of the announcement. Meet the hearing conditions, the municipal administrative department of land and resources shall hold a hearing.

The obligee has no objection to the compensation and resettlement plan, and the land acquisition institution in the urban area or development zone shall sign an agreement on compensation and resettlement for land acquisition and demolition with the obligee. After the compensation and resettlement agreement for land acquisition and demolition is approved by the urban people's government and the administrative committee of the development zone, the financial department of the urban area and the development zone shall pay compensation and resettlement fees to the obligee according to the regulations.

Thirteenth rights holders have objections to the compensation and resettlement plan drawn up by the municipal administrative department of land and resources or can not sign the land acquisition compensation agreement, which shall be organized and coordinated by the urban people's government or the administrative committee of the development zone.

If the land acquisition compensation agreement cannot be signed after coordination, the urban people's government or the Administrative Committee of the Development Zone shall submit the coordination situation, handling opinions, written records with written opinions or opinions put forward by the obligee, and relevant evidential materials to the municipal administrative department of land and resources.

Fourteenth city land and resources administrative departments in accordance with the provisions of the compensation and resettlement plan submitted to the Municipal People's government for approval. If the compensation and resettlement plan is approved by the Municipal People's Government and negotiation fails, the municipal administrative department of land and resources shall issue a "Decision on Ordering the Hand over of Land" to the obligee.

Article 15 If the obligee refuses to hand over the land or refuses to move beyond the time limit stipulated in the Decision on Ordering to Hand over the Land, the land acquisition agency in the urban area or development zone shall apply for the procedures for the deposit of compensation and resettlement fees according to law, and the municipal administrative department of land and resources may apply to the people's court for compulsory execution according to law.

Chapter III Compensation and Resettlement for Expropriation of Land

Article 16 Compensation fees for expropriation of collective land include land compensation fees, resettlement fees, young crops compensation fees and ground attachments compensation fees, as well as subsidies for industrial land and its supporting infrastructure, and subsidies for supporting infrastructure for demolition and resettlement land.

The compensation standard for parcel land shall be implemented in accordance with the provisions of the annex to these Measures, Nanning Collective Land Expropriation and Compensation and Resettlement Standard (see Table 1).

Subsidy for land resettlement = unit price of land acquisition × land acquisition area-land compensation fee for land acquisition.

The unit price of land requisition is determined by the comprehensive price of the requisitioned area combined with the per capita agricultural land coefficient of the expropriated rural collective economic organizations.

The per capita agricultural land is calculated by dividing the existing agricultural land area of the rural collective economic organization whose land is expropriated by the registered agricultural population of the rural collective economic organization on the day when the pre-announcement of land expropriation is issued. The per capita agricultural land coefficient is determined according to the per capita agricultural land (see Table 2).

According to the overall land use planning and urban and rural planning, the comprehensive price of the expropriated land is calculated based on the average output and price of major agricultural products in the previous three years, taking into account the location and category of the expropriated land and the price of agricultural products.

Compensation for contiguous young crops (see Table 3), compensation for planting young crops sporadically and compensation for ground attachments are calculated according to actual conditions.

Expropriation of unused land and construction land does not pay resettlement subsidies.

Seventeenth agricultural personnel who need to be resettled due to land acquisition must be the agricultural population registered by the rural collective economic organizations with land acquisition on the day of the pre-announcement of land acquisition. The specific resettlement number is calculated according to the area of agricultural land expropriated divided by the per capita area of agricultural land of rural collective economic organizations expropriated before land expropriation. If there is a decimal in the calculation, it shall be rounded off.

Before the pre-announcement of land expropriation is issued, rural collective economic organizations have enjoyed industrial land, subsidies in kind or subsidies for self-employment. When calculating the number of resettlement, the number of agricultural population that has been resettled should be deducted.

Article 18 Where resettlement is required due to land acquisition, in addition to paying resettlement subsidies according to the law, the Municipal People's Government may, according to the actual situation, broaden the resettlement channels by arranging industrial land, subsidies in kind or subsidies for self-employment. On the basis of conforming to the overall land use planning and urban and rural planning of this Municipality, the land acquisition institutions, land units and the rural collective economic organizations whose land has been expropriated shall negotiate on specific ways, which shall be implemented after being approved by the Municipal People's Government, and the relevant expenses shall be included in the land acquisition cost.

(1) Arranging industrial land. Arrange industrial land according to the standard that the registered agricultural population of the rural collective economic organizations whose land has been expropriated does not exceed 40 square meters per capita. The expenses for house demolition, young crops and ground attachments compensation (including pipeline relocation), agricultural conversion, "three links and one leveling" (water supply, electricity supply, access and site leveling) on industrial land shall be approved and paid by the municipal finance.

(2) subsidies in kind. In the commercial industrial building built or provided by the land-using unit, the resettled population shall enjoy in-kind subsidies for commercial industrial buildings or residential buildings with a per capita construction area of no more than 15 square meters.

(3) subsidies for self-employment. If it is absolutely unconditional to arrange industrial land or provide subsidies in kind, the agricultural personnel who have been resettled and the rural collective economic organizations whose land has been expropriated shall sign a self-employment resettlement agreement and pay the self-employment subsidy according to the standard of 60,000 yuan/person.

Nineteenth industrial land is divided into two types: collective and state-owned. Industrial land can only be used after completing the approval and land supply procedures for agricultural land conversion according to law. Industrial land with the nature of state-owned land can be provided by means of allocation or agreement transfer. Specific measures shall be formulated separately.

State-owned agriculture, forestry, animal husbandry, fishing grounds and other units to arrange industrial land standards and land supply methods, can refer to the implementation.

Article 20 Industrial land can be used to develop secondary and tertiary industries on the premise of meeting the requirements of urban and rural planning, or enterprises can be established in the form of shares or joint ventures with the right to use construction land. However, the industrial land that retains the nature of collective land shall not be used for the development and operation of real estate, nor shall it be transferred.

Twenty-first landless farmers employment training and social security in accordance with the "Nanning Municipal People's Government on the issuance of <: Interim Measures of Nanning Municipality on Employment Training and Social Security for Land-expropriated Farmers > Notice of "(N.F. [2010] No.32).

After land acquisition, eligible land-expropriated farmers should be included in the basic old-age insurance for urban enterprise employees according to regulations, and the list of insured persons should be audited by the urban people's government or the administrative committee of the development zone.

Where collective land is expropriated for a construction project, the land-using unit shall pay the basic old-age insurance premium and old-age security fee for the landless peasants subsidized by the financial contribution to the municipal finance, and the fees paid shall be included in the land acquisition cost. Specific measures shall be formulated separately.

Chapter IV Compensation and Resettlement for House Demolition

Article 22 The term "demolished person" as mentioned in this chapter refers to the owner of the house and its appendages on the expropriated collective land.

Twenty-third people should be taken to the land acquisition agencies to provide legal and effective land use, building approval documents and other supporting materials, land acquisition agencies should be required to identify the demolition of houses.

The demolished person has obtained the approval certificate of land use and building, but if the new house has not been completed after the pre-announcement of land expropriation, the demolished person shall immediately stop the construction.

Temporary buildings exceeding the approved use period shall not be compensated and resettled.

For dismantling temporary buildings within the approved use period, the calculation standard of compensation amount is: compensation amount = house replacement price × remaining period ÷ approved use period.

Twenty-fourth resolutely curb and crack down on illegal construction. The buildings (structures) identified as illegal construction shall not be compensated. Failure to provide legal and effective land use and building approval documents, which are verified to be one household, one house and no residential building, shall be compensated in a fixed way. The quota compensation provisions shall be formulated separately.

Twenty-fifth demolition of legal residential houses on collective land, according to different situations, the implementation of one of the following four ways to be compensated and resettled:

(1) Under the premise of conforming to the overall land use planning and urban and rural planning, the demolished residential houses are located in areas where there are conditions to rebuild resettlement residential apartments, and monetary compensation and resettlement at government-guided prices are implemented (see Table 4). The demolished people can apply for the purchase of resettlement residential apartments built by the government in accordance with regulations, or the rural collective economic organizations can build their own resettlement residential apartments.

(two) in accordance with the provisions of article thirtieth of these measures, the resettlement of property rights exchange can be implemented.

(three) in accordance with the provisions of article thirty-first, the implementation of the evaluation price compensation and resettlement. The implementation of the evaluation price compensation and resettlement, according to the relevant provisions of the demolition of housing compensation (subsidy) identification. The evaluation procedures and implementation measures shall be implemented with reference to the relevant provisions of the house expropriation on state-owned land, and the price determined by the evaluation shall be used as the basis for compensation and resettlement.

(four) the demolition of residential housing is located in the third and fourth districts, and does not have the conditions for the construction and resettlement of residential apartments, and the replacement price compensation and resettlement shall be implemented, and the homestead shall be arranged according to the regulations (see Table 5).

Article 26 In case of compensation and resettlement at the government-guided price, the land acquisition institution shall determine the monetary compensation amount according to the annex to the present Measures, Nanning Collective Land Expropriation and Compensation and Resettlement Standard, combined with the factors such as the construction area, new building and floor of the demolished residential house (see Table 6).

If the demolished residential house is compensated according to the government guidance price, the original house area and its supporting land shall be compensated according to the collective construction land standard.

Twenty-seventh for the implementation of government-guided compensation and resettlement, after consultation with the demolition and the rural collective economic organization where the demolition is located, one of the following four ways can be adopted to build a residential apartment:

(A) the government unified construction of residential apartments. By the city government and the development zone management committee organization construction and delivery.

(two) the rural collective economic organizations built resettlement residential apartments. By the rural collective economic organizations where the demolished people are located, they will use the compensation for house demolition and other funds obtained by the demolished people to build their own apartments according to the construction conditions of apartments approved by the government.

(3) Introducing social funds to build apartments in resettlement communities by cooperative development. First, the rural collective economic organizations apply to the government for the state-owned allocation of land for resettlement communities. After the relevant government departments determine the planning and control technical indicators of the demolition and resettlement plots, the rural collective economic organizations apply to the government for completing the transfer procedures of the agreement and paying the land transfer fee. The specific matters of cooperative development shall be negotiated by the local rural collective economic organization and the development and construction unit. Specific measures shall be formulated separately.

(four) the use of social funds to adopt the "construction-transfer" model to develop and build apartments in resettlement communities. The government will transfer the financing, construction and other concessions of the resettlement apartment project to the investor through bidding, and the investor will be responsible for the specific financing, construction and management of the project and bear the corresponding risks. After the completion of the project construction, the investor will hand over the apartments in the resettlement community that have passed the acceptance to the government, and the government will repay the financing and construction costs of the investor in proportion to the agreed total price.

If the apartments in resettlement communities are built in the above ways, the land for resettlement communities shall be approved according to the standards of 40 square meters of residential land per capita and 5 square meters of supporting public welfare projects. The land for public welfare projects is used for the construction of facilities such as public administration, culture and sports, environmental sanitation, medical care and security. The management and use scheme of public welfare projects shall be determined by the urban people's government or the administrative committee of the development zone to guide the villagers' committee and the villagers' group through consultation.

Twenty-eighth families who have been demolished can apply for the purchase of apartments in government-built resettlement communities with a construction area of no more than 60 square meters.

The sales price of apartments in resettlement communities shall be led by the municipal price department, and shall be formulated in conjunction with the departments of finance, construction, land, auditing, housing, etc. in urban areas or development zones, according to factors such as project construction cost, demolition period, compensation and resettlement, and resettlement objects.

Article 29 If the compensation for house demolition of the demolished family is really insufficient to purchase the resettlement housing with a per capita construction area of 40 square meters, the resettlement housing with a per capita construction area of 40 square meters may be purchased, and the insufficient part shall be made up by the land-using unit, but it is not allowed to apply for the purchase of other resettlement housing.

Article 30 Where the demolished residential houses are located in the first and second districts, and the existing apartments in the urban areas are used for resettlement, the demolished people may apply to the project owners to replace the apartments in the demolished residential areas with the legally recognized construction area of 60 square meters per capita, and the remaining construction area of the demolished houses after the replacement shall be recognized and dealt with according to relevant regulations.

Demolition and resettlement apartments for property rights exchange are built on allocated land, and the exchange ratio between the legal construction area of the demolished residential houses and the construction area of the resettlement apartments is: frame structure1:1.1; Masonry structure1:1.0; Brick and wood structure1:0.9. Due to reasons such as huxing, the construction area of resettlement housing for property rights exchange exceeds the exchangeable area approved according to the specified proportion, and the area is less than 10 square meter, and the relocated households shall purchase it according to the sale price of resettlement housing; If it exceeds 10 square meter and is less than 30 square meters, the relocated households will purchase it by increasing the selling price of resettlement houses by 20%; Those exceeding 30 square meters (including 30 square meters) shall be purchased by the relocated households after deducting the land transfer fee from the average transaction price of the commercial housing market in the same period and in the same lot (see Table 7).

Due to reasons such as huxing, the part of the building area of the apartment building in the demolition and resettlement community used for property right exchange is less than the exchangeable area approved according to the prescribed proportion, and the compensation is paid to the demolished person according to the market evaluation price.

Property rights exchange, demolition and resettlement of residential apartments belong to the construction of land transfer, and the exchange ratio shall be implemented with reference to the second paragraph of this article. The person to be demolished shall pay the land transfer fee in accordance with the relevant provisions.

Article 31 If the demolished person has no second residential house in the collective economic organization, or has more than two (including two) residential houses, but promises not to choose other ways such as property right exchange, government-guided price, replacement price compensation and resettlement in the future land acquisition and relocation, and meets one of the following conditions, he can take the evaluation price compensation and resettlement method:

(1) The demolished residential house is located in the first district of this Municipality.

(two) the demolition of residential housing is located in the second district of this city, and it is unconditional to build a residential apartment.

The demolition of residential housing compensation according to the evaluation price, the original housing area and supporting land no longer pay land acquisition compensation.

Thirty-second implementation of replacement price compensation and resettlement, the population to be resettled shall be arranged to rebuild the homestead according to the standard of no more than 22 square meters per capita and no more than 100 square meters per household.

Thirty-third demolition of non residential houses on collective land, monetary compensation.

Supporting houses for agricultural production and breeding houses shall be compensated according to the annex to these Measures, Nanning collective land expropriation and compensation and resettlement standards.

Replacement of industrial land, industrial housing demolition compensation according to the replacement price.

Article 34 Where a government-guided resettlement is implemented and an application is made for the purchase of an apartment in a resettlement community, before the apartment is delivered, the farmer's residential house needs to be demolished due to construction, and the payment of the temporary transitional subsidy shall start from the month when the demolished residential house is vacated and delivered for demolition to three months after the delivery of the resettlement apartment. If there is an existing house at the time of demolition, a temporary transitional subsidy of 3 months will be paid.

If the monetary compensation and resettlement method is implemented, the temporary transitional subsidy for 9 months relocation will be paid in one lump sum.

If the replacement price compensation and resettlement method is implemented, the temporary transitional subsidy for relocation shall not exceed 1 year (see Table 8).

Article 35 If the children of the demolished people attend primary school or junior high school and need to transfer because of the demolition of residential houses, the land acquisition agency shall issue relevant certificates, and the education department shall arrange for them to attend according to the actual address of the demolished people and the principle of admission nearby.

Thirty-sixth land units should bear the demolition of housing relocation subsidies and temporary transitional subsidies; For those who are relocated in advance within the prescribed time limit, appropriate rewards may be given.

Thirty-seventh resettlement population is determined according to the number of permanent residence of the demolished family. In any of the following circumstances, an additional resettlement population may be added:

(a) married without children.

(two) have received the one-child certificate.

Thirty-eighth family members of the demolished people may be included in the resettlement population, although they have no permanent residence in the rural collective economic organizations whose land has been expropriated, but they belong to one of the following circumstances:

(1) A spouse who has been married for more than 3 years.

(two) the original account in the rural collective economic organizations whose land has been expropriated, and now the soldiers in active service (excluding those who have married and settled abroad).

(three) students whose original household registration is in the rural collective economic organizations whose land has been expropriated and who are receiving higher education and secondary vocational education.

(four) the original household registration in the landless rural collective economic organizations, now serving sentences in prison, reeducation through labor personnel.

(five) other personnel who can be included in the resettlement population according to laws and regulations.

Article 39 Non-agricultural personnel and their family members * * * have legal property rights of residential houses, are permanent residents of rural collective economic organizations where the houses are demolished, and they and their married spouses have never bought housing reform houses, fund-raising houses, resettlement houses, affordable houses or low-rent houses, or they have gone through the check-out procedures before signing the compensation and resettlement agreement for house demolition, and can be compensated and resettled according to the relevant provisions of these Measures after the government organizes investigation, publicity and confirmation procedures.

Chapter V Supplementary Provisions

Fortieth the specific standards of collective land expropriation, compensation and resettlement fees stipulated in these Measures shall be implemented in accordance with the annex "Nanning collective land expropriation, compensation and resettlement standards".

The Municipal People's Government may timely adjust the "Nanning collective land expropriation and compensation and resettlement standards" according to the social economy and urban construction and development, and announce it to the public.

The land compensation fee, resettlement subsidy, compensation fee for young crops and attachments on the ground and the expenses required by the Municipal People's Government to broaden the resettlement channels according to the actual situation shall be paid by the municipal finance according to the prescribed procedures.

Article 41 If a construction project recovers state-owned agricultural land such as state-owned agriculture, forestry, animal husbandry and fishing grounds according to law, the land compensation fee, resettlement subsidy and compensation fee for young crops and ground attachments shall be implemented according to the standards determined by the district where the adjacent administrative village is located.

Article 42 These Measures shall be implemented as of the date of promulgation, and the Notice of Nanning Municipal People's Government on Printing and Distributing the Measures for Compensation and Resettlement of Collective Land Expropriation and House Demolition in Nanning (N.F.F. [2008]15) promulgated on February 26, 2008 shall be abolished at the same time.