Dazhou Municipal People's Government Decree
No. 47-1
"Dazhou City Land Acquisition, Demolition and Relocation Compensation and Resettlement Measures" has been revised and adopted on July 24, 2013, Dazhou City People's Government of the third session of the 44th executive meeting, is hereby published the revised "Dazhou City Land Acquisition, Demolition and Relocation Compensation and Resettlement Measures," effective October 1, 2013, the revised.
Mayor: Bao Hui
September 18, 2013
Dazhou City, land expropriation, demolition and relocation compensation and resettlement measures
Chapter I General Principles
Article 1 In order to ensure the smooth progress of land expropriation, demolition and relocation compensation and resettlement, and to safeguard the lawful rights and interests of the requisitioned land of the rural collective economic organization and the individual, in accordance with the "People's Republic of China * * * and State Land Management Law", "Chinese People's *** and State Land Management Law Implementation Regulations", "Sichuan Province
Article 2 In the administrative area of the city, where approved by law the expropriation of rural collective economic organization land compensation and resettlement, the application of these measures.
The state and the province to determine the large and medium-sized water conservancy, hydropower, railroads, highways and other key engineering construction projects, land acquisition, demolition and relocation compensation and resettlement of other provisions, from the provisions.
Article 3 The people's governments of cities and counties (cities and districts) may, upon approval, expropriate the land of collective economic organizations for the needs of public **** interests. The requisitioned units and individuals shall obey, shall not be obstructed, and shall enjoy the right to compensation and resettlement in accordance with law.
Article 4 The people's governments of cities and counties (cities and districts) are the main body of the organization and implementation of compensation and resettlement of expropriated land and demolition, compensation and resettlement of demolition, timely and full payment of compensation in place, employment training of the expropriated farmers, social security of the expropriated farmers and so on, is responsible for the overall responsibility. Relevant departments under the leadership of the government at this level in accordance with their respective responsibilities, and effectively do a good job of land acquisition, demolition, compensation and resettlement work within their jurisdiction.
The people's governments of counties (cities and districts) are responsible for organizing the relevant departments and units to do a good job in the demolition and relocation of houses and other buildings (structures) on collective land within the confines of the expropriated land and the compensation and resettlement of houses;
The land and resources departments are responsible for the compensation for the expropriation of collective land and for organizing the announcement of the expropriation and the announcement of compensation and resettlement of expropriated land and social security programs and the registration of compensation (hereinafter referred to as the "two announcements and one registration"). "two announcements, one registration"), compensation and resettlement fee calculation and payment, and other specific work of land expropriation compensation;
Human resources and social security departments are responsible for the preparation and implementation of social security programs for the expropriated farmers, strengthening the employment training of the expropriated farmers, improving the employability of the expropriated farmers, and realizing the employment in multiple ways;
The financial sector is responsible for the financing, allocation and management of funds for compensation and resettlement of expropriated land and the transfer and supervision of social insurance funds for the resettlement of expropriated land;
The public security sector is responsible for the confirmation of the actual agricultural population of the collective economic organization of the land expropriated and the number of people of all ages, and the formalities for the registration of the agricultural non-permanent household registration of the farmers whose land is expropriated and resettled in the towns and cities;
The agriculture department is responsible for guiding the distribution of compensation funds for land requisition;
Radio and television networks, electric power, telecommunications, mobile, Unicom and other units are responsible for the demolition and relocation of their own poles (pipelines) and other facilities within the confines of the requisitioned land;
The township (town) people's government and street offices are responsible for guiding and supervising the village (neighborhood) committees or villagers' groups in convening the village (neighborhood) general meeting or the village (neighborhood) representative meeting to determine the collective economic value of the requisitioned land. Representative Assembly to determine the expropriated land collective economic organization of the agricultural transfer of personnel, land acquisition, demolition and resettlement compensation funds allocation and use, and actively resolve land acquisition, demolition and resettlement compensation and resettlement of contradictions and disputes, and supervise the expropriated land collective economic organization to deliver the work of the expropriated land;
development and reform, audit, supervision, water, environmental protection, transportation, urban management and law enforcement and other relevant departments in accordance with their respective responsibilities to do the relevant work. work.
Article 5 of the city, county (city, district) people's government is responsible for raising funds for compensation and resettlement of land requisition and relocation in accordance with the regulations. Prohibit any unit or individual to retain, misappropriation, misappropriation, misrepresentation and arbitrage should be paid to the land requisitioned rural collective economic organizations and individual compensation and resettlement fees.
If the full amount is not paid by the due date, the rural collective economic organization has the right to refuse to deliver the land, and the department of land and resources shall not issue the approval letter for construction land.
Article 6 The people's governments of cities and counties (cities and districts) shall establish land requisition adjustment funds, which shall be extracted from the revenue of land transfer and used to subsidize the social security expenditure of the farmers whose land has been requisitioned, and the specific standards and the collection, management and use of the funds shall be implemented in accordance with the relevant regulations.
Article 7 of the people's governments at all levels shall strengthen the leadership of the land acquisition, demolition, compensation and resettlement work, the relevant departments and the requisitioned rural collective economic organizations shall actively support and cooperate with the work of land acquisition, demolition, compensation and resettlement. On the land acquisition, demolition and relocation compensation and resettlement work has outstanding contribution of units and individuals, by the city, county (city, district) people's government to give reward.
Chapter II Procedures for Land Expropriation
Article 8 The expropriation of land of rural collective economic organizations, shall be implemented in accordance with the law, "two announcements, a registration" and hearing system.
Article IX in the expropriation of land according to the law before the approval, the city, county (city, district) department of land and resources shall be proposed to expropriation of land use, location, compensation standards, resettlement methods, such as written notice of the expropriation of rural collective economic organizations and their members, other rights. The results of the investigation of the current land use status of the land to be expropriated shall be confirmed by the rural collective economic organization of the expropriated land, and if the rural collective economic organization of the expropriated land, its members, or other rights holders have any objections and request for a hearing, the local land and resource department, human resources and social security department shall promptly organize a hearing to listen to the opinions of the rural collective economic organization of the expropriated land, its members, or other rights holders.
Article 10 of the municipal and county (city and district) people's governments, within 10 working days after receiving the approval documents of the land expropriation program, will approve the land expropriation authority, approval number, the use of the expropriated land, the scope, the area, the land expropriation compensation standards, the resettlement of the expropriated peasants and social security measures and the time limit of the expropriation compensation process, the expropriation of the demolition of the agency, etc., in the townships (townships) where the expropriated land is located, the villages (groups, communities) The announcement shall be made for a period of not less than 10 working days.
Article 11 The owner, user and other rights holders of the expropriated land shall, within the period specified in the announcement, go to the designated place for registration of compensation and resettlement for land expropriation, demolition and resettlement with the certificate of ownership of the land or the certificate of ownership of the building (structure). The land requisition, demolition and relocation agency shall organize staff to investigate and verify the site.
If the rural collective economic organization and its members and other rights holders of the expropriated land fail to go through the registration procedures for compensation and resettlement for land requisition, demolition and relocation on time and refuse to investigate and verify, the compensation content shall be subject to the investigation results notarized as stipulated in Article 13 of these Measures.
Article 12 The municipal and county (city and district) departments of land and resources, in conjunction with the human resources and social security departments and other relevant departments, shall, in accordance with the laws, regulations and relevant policies on compensation and resettlement of expropriated land, the approved land expropriation plan, and the registration of compensation and resettlement of expropriated land, draw up a draft of compensation and resettlement of expropriated land and social security, and shall make an announcement in the townships (townships) and villages (groups and communities) in which the land to be expropriated is located. The opinions of the rural collective economic organizations and their members, and other rights holders of the expropriated land shall be heard, and the announcement period shall be not less than 10 working days.
If the requisitioned rural collective economic organizations and their members or other rights holders have any objections to the announced draft of compensation and resettlement of the requisitioned land and social security, they shall submit them to the unit that issued the announcement within the announcement period. If the parties concerned request a hearing, the municipal, county (city or district) departments of land and resources, human resources and social security shall organize a hearing according to the regulations, and shall carefully study the opinions of the expropriated rural collective economic organizations and their members, other rights holders and the holding of hearings, and put forward opinions and suggestions for solutions, and report them together with the draft of compensation and resettlement of expropriated land and social security to the municipal, county (city or district) municipal people's government which has made the announcement of expropriation for its approval. The people's government of the city, county (city, district) that made the announcement of land requisition for approval.
After the approval of the compensation and resettlement of land requisition and social security programs, no organization or individual shall change without authorization, and all relevant units must strictly follow the approved program.
Article 13 The land requisition and demolition agency shall notify the owner of the requisitioned building (structure) in writing to go through the procedures of demolition, compensation and resettlement.
If it is not possible to notify or the owner of the demolished building (structure) intentionally avoids cooperating with the compensation registration, the land requisitioning and demolition agency shall make a good record of the survey of the requisitioned building (structure) and other aboveground attachments, and apply for the preservation of evidence and the deposit of compensation fees to the notary public.
Article 14 of the expropriation of land approved in accordance with the law, and the parties concerned in accordance with the law, compensation, resettlement, the city, county (city, district) department of land and resources shall be expropriated to the rural collective economic organization issued a notice of the deadline to hand over, the expropriated rural collective economic organization and its members shall be delivered according to the notice of the deadline for the delivery of the land shall not be refused and obstructed.
Chapter III Compensation for Land Expropriation
Article 15 The unified annual production value of the expropriated land shall be based on the annual production value of the planting industry in the counties (cities and districts) approved by the provincial government.
Article 16 The number of arable land and the number of agricultural population of the rural collective economic organization before the expropriation of land as the basis for calculation of compensation for expropriation and personnel resettlement. The number of cultivated land shall be based on the actual area of cultivated land or the contracted area of cultivated land in the second round of rural areas. The number of agricultural population shall be based on the registered resident agricultural population enjoying the right to contract rural collective land on the date of approval of the compensation and resettlement and social security plan for land acquisition, as well as soldiers on active duty, school students, and people serving prison sentences or re-education through labor in the collective economic organization of the expropriated rural land.
The area of the expropriated land is calculated according to the horizontal projection area. The land category is determined in accordance with the provisions of the Classification of Land Use Status Quo (GB/T21010-2007) formulated by the Ministry of Land and Resources.
Article 17 The land compensation fee for the expropriation of each mu of arable land shall be calculated at 10 times of the uniform annual value of the expropriated land.
The resettlement subsidy is based on the per capita arable land area of the collective economic organization of the expropriated land, and is calculated according to the following standards: if the per capita arable land area is 1 mu and above, each mu of arable land area is calculated at 6 times of the unified annual value of the expropriated land; if the per capita arable land area is less than 1 mu, each resettlement population is calculated at 6 times of the unified annual value of the expropriated land.
The land compensation fee and resettlement subsidy for the expropriation of non-cultivated land shall be calculated by half of the standard stipulated in the preceding paragraph.
If the arable land is adjusted to orchards and pits, the land compensation and resettlement subsidies shall be calculated according to the arable land.
Article 18 of the expropriation of arable land compensation for seedlings, to the actual area planted at the time of land expropriation at the following standards:
(a) planting: 80% of the unified annual output value of the large spring, 60% of the unified annual output value of the small spring;
(b) professional aquaculture water surface compensation for loss of fish fry: two times the unified annual output value of the expropriated land.
In the arable land interplanting, planting a variety of cash crops (fruit trees, mulberry trees, tea trees, medicinal herbs) and other trees, etc., are calculated in accordance with the planting industry compensation standards for compensation, and no longer a single tree to compensate;
other agricultural land (except forest land, garden land, etc.) in accordance with the planting industry compensation standards for compensation for seedlings reduced by half.
Article 19 Expropriation and occupation of patches (more than 0.5 acres) of forests, etc., to the actual area of compensation in accordance with the standards of Annex 4.
The use of front of the house within 3 meters of the vacant land sporadic planting of fruit trees, bamboo, wood, flowers, etc., can be transplanted transplanted; can not be transplanted to give appropriate compensation, compensation standards in accordance with the implementation of Annex 3.
Article 20 The expropriation and demolition of rural collective land enterprise buildings (structures), with reference to the annex to this method of similar compensation standards for the implementation of monetary compensation. Enterprise relocation of business losses, according to the production and operation, building (structures) old and new, according to the demolition of the enterprise's building (structures) compensation fee of 15-20% of the total compensation; enterprise's industry-specific facilities, equipment, etc., can be commissioned by both parties *** with the intermediary institutions to assess the validation of the financial sector, according to the price of the validation of the compensation; demolition of the enterprise Indeed need to build another, should be based on planning by the people's government at or above the county level according to law.
Article 21 land requisition involves the relocation of poles (pipelines) and human and animal drinking water restoration project, by the demolished and relocated units according to the cost of restoration of the construction of the design budget, after the financial sector review, in accordance with the relevant provisions of the national project management organization and implementation of the relocation of upgrading and transformation of the project is not included in the scope of the compensation; telephone, broadband and so on, according to the standard compensation of the transfer fee.
Involving industry-specific facilities, equipment, etc., can be commissioned by both parties *** with the intermediary organization to assess, after the financial sector to validate, according to the price of the validation of compensation.
Article 22 of the demolition of bridges and roads, water conservancy facilities, cultural relics, monuments, trees, etc., in accordance with the relevant provisions of the State, according to the size of the loss, to repair or appropriate compensation.
Article 23 The original collective land ownership certificates and collective land use certificates within the scope of land expropriation approved by law, from the date of publication of the announcement of the expropriation of land, the right holders shall be handed over to the original land registration authority or the competent authority to be canceled.
The transfer of the original collective land contracting right within the scope of land expropriation, such as subcontracting, leasing, joint venture, partnership development, etc., shall be terminated by itself from the date of the announcement of land expropriation. After the termination of the transfer behavior, unless otherwise agreed by the parties concerned, the compensation fee for seedlings belongs to the actual investor, and the compensation fee for ground attachments belongs to the owner of the attachments.
Article 24 The following ground attachments and seedlings shall not be compensated:
(1) Illegal buildings and their appurtenances;
(2) Buildings and their appurtenances whose approved use of temporary land has expired;
(3) Abandoned buildings and their appurtenances, natural rock dams and wild plants;
( (D) Crops, economic forests, flowers and plants, etc. and buildings (structures) built within the land acquisition area from the date of publication of the announcement of land acquisition.
Chapter IV Resettlement
Article 25 The object of social security resettlement of the farmers whose land is expropriated shall be the registered resident agricultural population who enjoys the right to contract management of the rural collective land on the date of the publication of the announcement of the land expropriation, as well as the soldiers on active duty, school students, and those serving a sentence of imprisonment or re-education through labor who have their origins in the collective economic organization of the rural area where the expropriated land is located.
From the date of the announcement of land expropriation to the date of approval of the compensation and resettlement and social security programs for land expropriation by the local people's government, the agricultural population who have moved to the area in accordance with the law by marriage and those who have given birth in accordance with the family planning policy are entitled to resettlement.
Article 26: If the arable land of a rural collective economic organization is expropriated in its entirety, the establishment of the rural collective economic organization shall be revoked in accordance with the law, and all of the original peasants shall be turned into urban residents; if the arable land is partially expropriated, the number of people to be resettled and the number of laborers to be resettled shall be determined in accordance with the number of per capita and labor-per-person possession of the arable land.
The age of the resettled persons shall be determined by the age registered by the public security household registration management department on the date when the government approves the compensation and resettlement and social security programs for land acquisition.
The rural collective economic organization of the expropriated land shall implement the number of people to be resettled by the expropriation, and report the name, age, gender, ID number, and changes in the number of increase or decrease of the agricultural population to the land expropriation and resettlement agency during the announcement period of the land expropriation compensation and resettlement and social security draft as the basis of the compensation and resettlement.
Article 27 The farmers whose land is expropriated shall be included in the social security system according to law, and shall implement the old-age pension, medical care, unemployment and minimum living security system according to the policy. Expropriated farmers shall be resettled according to the following principles:
(a) the implementation of land acquisition within the urban planning area of the implementation of urban resettlement, resettlement of people into the scope of employment in the towns, strengthen employment training, improve employability, multi-channel employment, and the implementation of the corresponding social security policies;
(b) the implementation of land acquisition outside of the urban planning area per capita cultivated land area of more than 0.5 mu (including), the land shall be resettled according to the following principles. 0.5 mu), on the basis of respect for the wishes of the farmers whose land is expropriated, agricultural resettlement, and included in the scope of local rural social security; expropriation of per capita arable land of less than 0.5 acres of urban resettlement, into the urban employment system, and the implementation of the corresponding social security policies.
Article 28 of the requisitioned land farmers social security funds required, in principle, by individual farmers, rural collectives, the local government **** with the same. The individual contributions to the funds required for the social security of the farmers whose land has been expropriated shall be paid directly from the resettlement subsidies they receive. Resettlement of the land requisitioned farmers need to pay the individual contribution shortfall and the rest of the social security funds, the urban planning area within the scope of the batch implementation of land requisition, the local people's government from the state-owned land compensatory use of income to solve; town planning area outside the project for land requisition, included in the cost of land allocation or transfer.
Article 29 in the town resettlement of the expropriated farmers, in line with the local urban residents of the minimum subsistence guarantee policy standards, into the local urban residents of the minimum subsistence guarantee scope; in line with the conditions of the urban medical assistance into the scope of the urban medical assistance.
Chapter V Housing Resettlement
Article 30 The resettled people whose land is expropriated and demolished for housing shall have the following conditions at the same time:
(1) members of the collective economic organization;
(2) registered persons belonging to the household registration of the right holder who holds a legal certificate of property rights of the house;
(3) family members who reside in the demolished housing and have no other housing in the collective economic organization. (c) Persons of the family who live in the demolished housing and have no other housing in the collective economic organization.
Those who do not meet the above conditions but are entitled to compensation and resettlement according to relevant policies and laws shall be compensated and resettled in accordance with the relevant provisions.
Article 31 of the expropriation of rural collective economic organizations, the need for the expropriation of land within the scope of the implementation of the demolition of housing, shall be resettled in the following ways:
(a) demolished housing is located in the town planning area, housing resettlement to take the property rights exchange resettlement or monetary compensation for resettlement;
(b) is located in the demolition of housing outside the town planning area, housing resettlement to take the relocation of construction or monetary compensation for resettlement. Resettlement to take the relocation of resettlement or monetary compensation, in which all the land of the collective economic organization of the expropriated land has been expropriated, and all the household population of the farm to non-farming, can be taken to the property rights exchange resettlement or monetary compensation resettlement.
Article 32 of the urban planning area housing resettlement shall be implemented in the following manner:
If property rights exchange resettlement is chosen, the people's government implementing land acquisition and relocation shall provide basic housing guarantee, in accordance with the following provisions:
(a) The standard of basic housing floor area enjoyed by the demolished households shall be calculated according to the standard of 40 square meters per person (including communal area, the same hereinafter), and the households with less than 2 persons (Including 2 people) households according to the calculation of 2 people, more than 2 people demolished households according to the demolition of the actual population of the family;
(b) the demolished households original housing area per capita 40 square meters (including 40 square meters, the same hereinafter) within the basic housing floor area, do not pay the cost of purchasing a home, and do not enjoy the original housing demolition compensation; per capita floor area of more than 40 square meters less than 90 square meters (including 90 square meters, the same hereinafter) part, the original housing demolition compensation. square meters, the same hereinafter), according to Annex 1 standards to improve the implementation of monetary compensation, including the establishment of towns (townships) increased by 50%, the county-level people's government seat of the establishment of towns increased by 80%, Dazhou City, the central urban area increased by one times; per capita floor area of more than 90 square meters of the portion of the monetary compensation in accordance with the standards of Annex 1; the residual value of the compensation to the expropriator;
(C) resettlement of housing return area is less than the per capita 40 square meters, according to the same batch or adjacent batches of financial assessment of the comprehensive cost of resettlement housing construction price increased by one times the standard monetary compensation to the demolished households; due to the demolition of households with a larger population or due to the design of the house type and structural differences, resettlement and return of housing area of more than 40 square meters per capita, according to the same batch or adjacent batches of the financial assessment of the resettlement housing construction of the integrated cost of the price of purchasing, per capita over the area of not more than 10 square meters;
(d) The resettlement transition period of the demolished households is calculated on the basis of 18 months, during the transition period, the expropriator to provide swing space or current housing resettlement, no resettlement transition fee; self-arranged accommodation, according to each person should enjoy the basic housing area per month per square meter of the standard payment of resettlement transition fee of RMB 8 yuan, late resettlement of resettlement in the previous resettlement transition fee on the basis of the standard of issuance of a monthly increase of RMB 4 yuan per square meter;
(e) resettlement housing by the implementation of land acquisition and demolition of the people's government to organize the construction of a unified construction, according to the same period of the same type of affordable housing standards, resettlement housing land can be implemented by allocating land supply.
The choice of monetary resettlement, according to the number of people who should be resettled in housing, in accordance with the same batch or adjacent batches of financial assessment of the comprehensive cost of resettlement housing construction, increased by one times the standard, a one-time 40 square meters per capita of the basic housing construction area of the purchase price of compensation to the demolished households; demolished households of the original housing area in excess of 40 square meters per capita is less than the portion of 90 square meters, in accordance with the standards of Annex 1 Improved implementation of monetary compensation, of which 50% of the established towns (townships), 80% of the county-level people's government seat of the established towns, Dazhou City central urban area increased by one times; per capita floor area in excess of 90 square meters, according to the Annex 1 standard compensation; no longer enjoy the resettlement transition fee, the residual value of the compensated to the expropriator.
Article 33 housing resettlement outside the urban planning area shall be implemented in the following manner:
The choice of relocation resettlement shall be implemented in accordance with the following provisions:
(a) the original housing of the demolished household floor area in the per capita 40 square meters within the part of the compensation in accordance with the Annex 1 brick-concordant structure of the first level of the standard, exceeding the per capita 40 square meters part of the compensation in accordance with the standards of the Annex 1 according to the facts; original housing If the floor area of the original housing is less than 40 square meters per capita, the basic housing area of 40 square meters per capita and Annex 1 brick-concrete structure level 1 standard shall be compensated; after compensation, the residual value of the original housing shall be returned to the demolished households, and according to the number of people to be resettled per person, 4,500 yuan per person shall be given to the standard of the newly constructed housing subsidies for subsidies to the newly constructed housing for the adjustment of the residential base, the basic site leveling, the restoration of indoor plumbing and electrical facilities, etc.;
( (B) the resettlement transition period of the demolished households is calculated according to 12 months, during the transition period, the expropriator to provide swing space or current housing resettlement, no resettlement transition fee is paid, for self-arranged accommodation, according to each person should enjoy the basic housing area of RMB 8 yuan per square meter per month as a one-time resettlement transition fee;
(C) the demolished households to build houses, shall reapply for land for construction of agricultural houses in accordance with law and arrange for the construction of residential land in accordance with the current provisions of the approval of agricultural houses. The approval of agricultural housing regulations to arrange for the construction of residential housing, and handle the relevant procedures for the construction of housing, taxes and fees borne by the expropriator; occupation of arable land, according to the arable land compensation standards, half the compensation to the occupied collective economic organization, the occupation of other land will not be compensated.
The demolished households are relatively concentrated and have the conditions for centralized building, should be in accordance with the principle of unified planning, unified design, unified style, centralized construction, guided by the township (township) government, the village (group, community) organization, the demolished households to implement, centralized construction.
The choice of monetary resettlement, upon application, in accordance with the basic housing resettlement area of 40 square meters per capita and Annex 1 standards by 50% to implement monetary compensation; the original housing floor area exceeding 40 square meters per capita part of the compensation in accordance with the standards in Annex 1, the residual value of the compensation to the expropriator, and no longer enjoys the home base, the resettlement of transition costs and new housing subsidies.
Article 34 of the demolished housing compensation and resettlement, in accordance with the provisions of rural villagers a household can only have a residence not exceeding the specified area of the provisions of the residence, as well as a multi-family area of the combined calculation of a multi-family and a combined calculation of the population of the implementation of the principle.
Article 35 of the nature of the use of the demolished housing, according to the collective land use certificate to determine the land use. City, town planning area of the ground floor housing for more than three years of business (with business license, tax registration certificate), in accordance with the provisions of Article 32 of these measures, in addition to the standard compensation, and then the depth of not more than 7 meters part of the Annex 1 of the same structural compensation standards of 20% to be subsidized.
Article 36 of the demolition of non-housing and other buildings (structures) not for housing resettlement, the implementation of monetary compensation, according to Annex 1 non-housing standards and Annex 2 standards.
Article 37 demolition of mortgaged houses and judicial or administrative organs ruled by law, decided to seize or otherwise restrict the rights of the house, shall be the mortgagor to settle debts or judicial or administrative organs to lift the sealing and other restrictions on the rights of the measures, and then to the notary public for the preservation of evidence to implement the demolition.
Chapter VI Rewards and Penalties
Article 38 The people's governments at or above the county level shall give rewards to the units and individuals who have completed the task of land requisition and demolition and relocation in advance or on time.
Article 39 If the demolished and relocated households move in advance or on time within the specified time limit, a one-time bonus of RMB 2,000 yuan and a moving subsidy of RMB 2,000 yuan shall be paid per household.
Article 40 After the compensation and resettlement of land acquisition is implemented in accordance with the law, if the party concerned refuses to move within the specified date, the land and resources department of the people's government at or above the county level shall order it to move within a certain period of time; and if it fails to move after the specified date, the people's government of the city or county shall apply to the people's court for compulsory relocation according to the law.
Article 41 The land requisition and relocation agencies and their staff, in the exercise of their duties, infringe upon the legitimate rights and interests of the parties concerned, or privately share, equalize, embezzle and retain land requisition fees, as well as unlawful and illegal requisition of land, shall be dealt with in accordance with the provisions of the relevant laws and regulations.
Chapter VII Supplementary Provisions
Article 42 of the construction process requires temporary land, by the construction unit to put forward the plan, the construction unit to review and agree, reported by the municipal, county (city, district) people's government in accordance with the approval authority of the land and resources department approved according to the law and then use. Compensation for ground attachments on the temporary land shall be executed according to the standards stipulated in these Measures. No permanent buildings shall be constructed on the land for temporary use. The expiration of the period of use, by the land unit to replant or 15-20 yuan per square meter standard to the land and resources departments at or above the county level to pay the replanting fee uniform arrangements for replanting.
Article 43 of the township enterprises or township (township) village public **** facilities, public welfare construction of the use of rural collective land, with reference to the compensation standards set out in these measures negotiated compensation.
Article 44 The central city of Dazhou referred to in these Measures refers to the Dazhou City Master Plan recent construction planning map (2011-2015) shows the scope.
Article 45 These Measures shall come into force on October 1, 2013, and shall be valid for five years and shall expire upon expiration. During the validity period, laws, regulations, rules and regulations and higher-level normative documents provide otherwise or in accordance with the procedures of this Measures to make the decision to repeal, amend or invalidate, from its provisions.
Before the implementation of these measures, land acquisition, compensation and resettlement and social security programs have been approved by the construction project of land acquisition, demolition, relocation, compensation and resettlement matters, are still in accordance with the original approach.