Chapter I General Principles
Article 1 In order to ensure the smooth progress of land acquisition for national construction, properly solve the employment, production and life of the land-expropriated personnel, and promote social stability, these Measures are formulated in accordance with the Land Management Law of the People's Republic of China and the Agriculture Law of People's Republic of China (PRC), and in combination with the actual situation of our city.
Article 2 The principles of unified planning, unified requisition, unified development, unified transfer and unified management shall be applied to national construction land.
Article 3 Projects and projects in which land collectively owned by rural areas is requisitioned for national construction within the administrative areas of Jinjiang District, Qingyang District, jinniu district, Wuhou District and chenghua district of this Municipality. These measures will apply.
The requisition of land for national construction shall be subject to the needs of the state and shall not be obstructed.
Article 4 The number of people in agricultural registered permanent residence who are transferred to non-agricultural registered permanent residence (hereinafter referred to as "rural to non-") shall be calculated by dividing the number of cultivated land (grain fields and vegetable fields) requisitioned by the number of cultivated land per capita before requisition. According to the amount of cultivated land requisitioned divided by the average amount of cultivated land occupied by each worker before requisition, the number of workers to be resettled is calculated.
Chapter II Compensation for Land Requisition
Article 5 Land requisitioned for national construction shall be paid by the land requisitioning unit according to the following standards:
(1) Land compensation fee. Expropriation of cultivated land is calculated as 5 times of the average annual output value per mu in the three years before the land is expropriated; If other land is requisitioned, it will be levied by half according to the compensation standard for cultivated land.
(2) Subsidies for resettlement. The resettlement subsidy for each agricultural population who needs to be resettled due to the expropriation of cultivated land shall be calculated according to 2 to 3 times of the average annual output value per mu in the three years before the expropriation of cultivated land; However, the maximum resettlement subsidy per mu of expropriated cultivated land shall not exceed 15 times of the average annual output value per mu in the three years before expropriation, and the resettlement subsidy for other expropriated land shall be halved according to the resettlement subsidy standard for expropriated cultivated land.
(three) young crops compensation fee, the expropriation of cultivated land, according to the three-year average annual output value per mu of expropriated cultivated land conversion compensation. Among them, the grain field is converted into two seasons a year and compensated for one season; Vegetable fields are converted into three seasons a year, with compensation for one and a half seasons; Private plots are compensated according to the compensation standard of vegetable fields.
(4) Compensation fees for attachments on the ground. According to the verified specifications and quantity, compensation shall be made according to the supplementary standards of the ground attachments.
(5) compensation fees for specialized households. The certificate issued by the competent agricultural department of the District People's Government shall prevail. According to the verified variety and quantity, compensation shall be made according to the compensation standard of aquaculture professional households.
The crops, bamboos, trees and built buildings and structures on the ground will not be compensated from the date when the municipal planning administrative department issues the notice of designated planning.
Article 6. Where land is requisitioned for national construction, the compensation for personal attachments, young crops and specialized households on the requisitioned land shall be paid to the requisitioned person; The resettlement subsidy for requisitioned cultivated land shall be allocated by the land-expropriated unit to the unit that receives the "non-agricultural" labor force, and no land compensation fee shall be paid to the land-expropriated unit; Land compensation fees and resettlement subsidies for the requisition of other land shall be delivered by the land requisition unit to the land requisition unit for the development of production and the employment of surplus labor force, and the living allowance for unemployed people caused by land requisition shall not be used for other purposes, and no unit or individual may occupy it.
Article 7 The demolition of the above-ground buildings built by individual rural residents within the scope of land requisition for national construction shall be handled in accordance with the following provisions:
(a) the demolition of "rural" personnel's residence, according to the detailed rules for the implementation of the regulations on the management of urban housing demolition in Chengdu (Chengdu Municipal Government Decree Article 30 of the municipal government).
(two) the demolition of agricultural registered permanent residence residents' houses shall be based on the main construction area specified in the rural housing homestead use certificate or the building approval document of the district people's government, and the land acquisition unit shall make arrangements for houses with the same construction area. When placing, the same building area does not complement each other; Beyond the original construction area, by the demolition of agricultural registered permanent residence residents according to the comprehensive price of new housing purchase; Less than the original building area. Economic compensation shall be given by the land acquisition unit according to the commodity price of new houses.
(three) the demolition of the attached houses approved by the competent authorities for the development of production and living arrangements, and give economic compensation according to the prescribed standards.
(four) the demolition of temporary buildings approved by the competent authorities and not exceeding the approved use period, and give economic compensation according to the prescribed standards.
(five) the demolition of illegal buildings and temporary buildings exceeding the approved use period will not be compensated.
Eighth national construction land acquisition involves the transformation of farmland water system, land acquisition units should pay the transformation fee according to the prescribed standards.
Article 9 Where land with taxable area is requisitioned, it shall report to the agricultural tax collection department and the agricultural department for reduction or exemption of agricultural tax according to law, and the District People's Government shall report to the Municipal People's Government to adjust the grain contract ordering task accordingly.
Chapter III Placement of Labor Force
Tenth permanent residence within the scope of land acquisition "peasants" personnel. Villagers who are healthy and can participate in productive labor all the year round, male 16 to 54 years old and female 16 to 44 years old, are the resettlement targets for the "rural-to-non-agricultural" labor force (hereinafter referred to as the resettlement targets).
Students over the age of 16 are not resettlement targets.
The actual age of the resettlement object shall be calculated based on the date when the municipal government issues the approval letter for land acquisition and the date of birth recorded in the household registration book.
Eleventh of the resettlement object, according to the relevant provisions of the "People's Republic of China (PRC) * * * and the land management law", by the municipal and district land management departments to organize land acquisition units, land acquisition (use) units and relevant units to negotiate, take multiple channels to be properly placed. Specific placement directions and methods are:
(a) the resettlement of "peasants" labor, who take the land resettlement, who use the land who receive the way, by the land acquisition (use) units responsible for resettlement. Endless. You can submit a written application to the labor department, and entrust enterprises and institutions owned by the whole people, labor and employment service enterprises, collective enterprises and other enterprises and institutions with normal production and operation to receive resettlement.
(2) If the resettlement object is unwilling to go to the provided resettlement unit, it may submit a written application to the department in charge of resettlement and contact the receiving unit by itself within the specified time, but the time limit shall not exceed one month at most. If the receiving unit is not contacted within the time limit, it shall be subject to unified arrangements.
(three) the placement object automatically gives up the unified placement and can find a job. I submit a written application and sign an agreement with the requisitioning (using) unit, which will be notarized by the notary office. 70% of the total resettlement subsidy will be given to me for self-employment, and the rest will be allocated to the municipal insurance company for debt repayment and endowment insurance premiums. The amount of insurance is linked to the monthly pension. I can also submit a written application, and the requisitioning (using) unit will sign an agreement with the merging party. After notarization by a notary office, I will give the self-employed resettlement subsidy in full, and my old-age insurance will be included in the social insurance scope according to the national treatment method for individual industrial and commercial households.
(four) for individuals who voluntarily stay in rural areas, encourage them to work in rural areas with more land in the outer suburbs.
Twelfth conscripts whose original registered permanent residence is within the scope of land acquisition and included in the resettlement target but are in active service shall be arranged for employment by the civil affairs department where their registered permanent residence is located after returning to their original places.
Thirteenth after the cancellation of the village system, it is possible to establish a new economic entity, by the district, township government in conjunction with the requisition (use) units responsible for the implementation. On the premise of meeting the requirements of urban planning, we can allocate land on the spot according to the resettlement population of 20 square meters, collect land acquisition fees, build production and operation facilities for newly established economic entities, and resettle the "rural-to-urban" labor force. Resettlement subsidies are allocated to newly established economic entities according to the number of people resettled. The land for newly established economic entities is administrative allocation land. It shall be used by the resettlement personnel, and shall not be transferred, leased or mortgaged without authorization under the premise of ensuring the "rural to non-agricultural" resettlement. Excess buildings can be rented after approval.
The newly established economic entity that has obtained the land use right by administrative allocation shall be registered as a collective-owned enterprise and managed by the local government and relevant departments in accordance with the relevant provisions on the management of urban collective-owned enterprises.
After the land is expropriated, if the original agricultural collective economic organizations can retain it, they should be encouraged to set up joint-stock cooperative enterprises to engage in production and operation and resettle the labor force, and the land can be allocated in accordance with the provisions of the first paragraph of this article.
Fourteenth for other units that have the ability to receive "rural" labor. You can also allocate a certain amount of land with preferential land prices.
Fifteenth "rural" labor should be placed before the land.
For national, provincial and municipal key construction projects that cannot be placed in time due to special circumstances and are in urgent need of land, they can be placed in a waiting position after approval by the Municipal Labor Bureau. And the land acquisition (use) unit pays monthly living expenses from the date of land delivery to the time of employment placement.
The standard of payment of living expenses, according to the provisions of document No.38 of the general office of the municipal government [1991], the salary level is set according to the age, and then the salary is reduced by one level, and the policy subsidy is calculated and paid monthly. The allocation time is from the date of land use to the month of resettlement.
During the waiting period, 16 to 35 years old will be given 3.5 yuan medical expenses every month, and everyone over 36 years old will be given 5 yuan full medical expenses every month. And you can receive the one-child fee on a monthly basis with the one-child certificate.
Sixteenth "peasants" without index card, handled by the Municipal Planning Commission, recruitment procedures handled by the municipal labor department. Mobilization, physical examination and transportation of resettlement objects. Responsible by the land acquisition (use) unit.
Article 17 After the land is expropriated, the resettlement subsidy allocated to the unit receiving the resettlement object is 14000 yuan per person; The resettlement subsidy allocated to the self-employed resettlement object is per person 12000 yuan.
Article 18 If the registered permanent residence serves a sentence or reeducation through labor within the scope of land acquisition, the resettlement subsidy shall be allocated by the land acquisition (use) unit to the labor department where the registered permanent residence is located, and the labor department shall make overall arrangements after the release from prison or the termination of reeducation through labor.
Nineteenth private teachers in the resettlement target are under the age of 45, and I am willing to continue to engage in private education. The resettlement subsidy is still based on the standard of per person 14000 yuan. Schools that continue to be employed are managed by townships. Allocated to the township finance; It is managed by each district and allocated to the District Education Committee.
Article 20 After the "rural-to-urban" labor force is placed in the unit for employment, it shall be implemented in accordance with the Enterprise Law, the Regulations on Urban Collective Ownership Enterprises and other relevant laws and regulations in terms of grading and wage adjustment, rewards and punishments, retirement, medical insurance, and children's further education and employment.
Twenty-first "peasants" labor is dismissed, expelled or terminated for various reasons, and their own file transfer and resettlement subsidies shall be handled according to the municipal government document [1993] 126.
Chapter IV Resettlement of Retired Persons
Article 22 When land is requisitioned for national construction. Men who have reached the age of 55 and women who have reached the age of 45 are the targets of early retirement and enjoy living allowances. Male over 50 years old and under 55 years old; Women over 40 years old and under 45 years old can also be used as early retirement resettlement targets upon their own application.
Twenty-third national construction land requisition, "rural" early retirement, by the land acquisition (use) units to organize resettlement. After the resettlement, the requisitioning (using) unit shall be responsible for uniformly handling the procedures for the participation of the old-age living allowance for retirees who are "urbanized" to the Municipal People's Insurance Company.