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Eight, the requisitioned land farmers basic pension fund collection and distribution standards
19. The requisitioned land farmers basic pension fund collection.
When land is expropriated, the total cost of land expropriation compensation calculated on the basis of the area of the expropriated land and the comprehensive land value of the area shall give priority to the payment of the maintenance subsidy, the self-employment subsidy, the subsistence subsidy for self-financed farmers who have transferred to non-nationality and for students in colleges or universities at their own expense, the subsistence subsidy for the uniformly non-nationality-converted persons under the age of 16 years who are policy immigrants and who are living with their parents, the subsistence subsidy for those under the age of 16 years who have not been resettled at the time of the withdrawal of groups from the original expropriated land to transfer to other households, and the remaining The remaining resettlement subsidy shall be used as the basic pension fund for the expropriated farmers, and the district government shall promptly pay to the financial account of the basic pension fund for the expropriated farmers after the compensation and resettlement plan of the expropriated land has been approved by the municipal government. Specifically, the district government set up a special account for land expropriation compensation fees and set up accounts for the village group as a unit, independent accounting, in order to realize the overall balance of the land expropriation village group expropriated area piece of comprehensive land price allocation ratio extraction. Municipal finance, labor security departments and other departments should be the end of the year with the district government on the amount of basic pension security contributions to the expropriated farmers to be reconciled and verified to ensure that the basic pension security fund should be paid to the expropriated farmers to pay the full amount to the account.
20. The basic pension payment standard for the expropriated farmers.
Where approved into the basic pension system of the expropriated land farmers, men aged 60 years old, women aged 55 years old expropriated land farmers, the monthly pension payment standard is 180 yuan per person.
IX. Employment training and medical insurance for expropriated farmers after transferring to other households
21. Unemployed expropriated farmers can register as unemployed at the public ****employment service organizations in each district and receive an Employment Service Card, which will entitle them to free vocational introduction and one-time subsidies for vocational training.
Funds required for the participation of expropriated farmers in the relevant employment support and free employment services are charged to the re-employment fund.
22. If the expropriated farmers voluntarily participate in urban residents' medical insurance after transferring to other households, they shall register for the insurance at the community in accordance with the relevant regulations of the labor security department.
X. Housing demolition and relocation of resettlement methods and demolition compensation
23. Housing demolition and relocation of resettlement methods.
In accordance with the provisions of Article 32 of the Measures, housing demolition and relocation resettlement methods are divided into monetized plus the purchase of resettlement housing and property rights exchange resettlement methods. Specific operation, the demolished households shall fill in the "demolished households choose demolition resettlement mode application form", as compensation and resettlement basis. For remote suburbs and line projects and other projects land acquisition is not suitable for the implementation of monetization or property rights exchange resettlement, approved by the municipal government can implement self demolition and self-built resettlement.
24. Compensation payments for demolition.
When the demolition of residential houses is carried out in the form of monetization and purchase of resettlement houses, property rights exchange or self-demolition and self-built resettlement, the monetary compensation for the demolished person shall include the following six items: (1) demolition and relocation compensation, (2) decoration and decoration compensation, (3) moving and transition fees, (4) removal and relocation fees for telephones, cable TVs, hot water heaters, air conditioners, etc., (5) compensation for fences and floors, etc., and (6) moving incentives. (6) Incentive fee for moving. Among them, the demolition and relocation compensation fee for the implementation of monetization plus the purchase of resettlement housing includes: (1) the original house compensation fee, (2) housing resettlement fee; the demolition and relocation compensation fee for the implementation of property rights exchange resettlement is: the excess original house compensation fee other than the area of property rights exchange; the demolition and relocation compensation fee for the implementation of the self-demolition and self-built resettlement method includes: (1) the original house compensation fee, (2) the self-demolition and self-built subsidy calculated according to the 20% of the original house compensation fee.
Non-residential housing demolition and relocation, the monetary compensation for the enterprise category of the evictee includes the following six items: (1) demolition and relocation compensation, (2) decoration and installation of Juan compensation, (3) telephone, cable television, air conditioning, water heaters, and water, electricity, and gas facilities such as demolition and removal of the compensation fee, (4) fences, ground, roads and other compensation fees, (5) the demolition and installation of equipment and removal of the fee, and the subsidy for the cessation of production and business, (6) Compensation fee for removal of equipment and facilities for destructive demolition. The monetary compensation payment to the evictee of the public ****service house is composed of the first 1-4 items of the enterprise category plus the moving incentive fee.
25. Compensation for destructive removal of equipment and facilities.
Destructive demolition equipment, facilities refers to underground oil tanks, substation facilities, chemical pipelines, fire-resistant furnaces and other special equipment and facilities that can not be relocated or resettled again after demolition. This type of equipment, facilities by the land unit and the demolished people *** with the selected intermediary organization for assessment, the assessment results as a reference basis, by the district relocation affairs agencies by project summary reported to the district government to finalize the compensation.
26. Payment of expenses.
The cost of compensation and resettlement for the demolition and relocation of houses and other compensation and resettlement expenses shall be paid by the land use unit to the special account designated by the respective district government based on the total cost measured within three days after the approval of the "Announcement of Demolition and Relocation Compensation and Resettlement Program", and shall be paid by the district requisition and relocation service agency and other units directly to the demolished and relocated persons.
XI. Determination of Compensatory Area of Residential Houses
27. Basis for Registration of Demolition and Relocation Housing Survey.
Demolition and relocation of housing survey and registration based on the "one family, one house" regulations, the implementation of the registration of compensation system according to the title. Housing without title shall not be registered compensation. But by the city planning and land department review and approval of the legal living area of the exception.
No compensation shall be registered for the five types of houses that are not subject to registration of ownership of real estate property as stipulated in the second paragraph of Article 1 of the Notice on Specific Issues Concerning the Registration and Certification of Ownership of Houses on Collective Land by the Office of the People's Government of Ma'anshan City (Mazhengban 〔2007〕 No. 87).
28. Determination and treatment of the legal compensation area of housing.
Housing legal compensation for the determination of the area in accordance with the provisions of Ma Zhengban [2007] No. 87. Compensation for the demolished household registration did not apply for real estate property registration or "real estate property rights certificate", according to "the city's rural housing per household construction area standard of 160 square meters, the family with a larger population can be an appropriate increase in the area of housing, but per capita shall not exceed 40 square meters (one child calculated according to the two)" provisions, by the Planning, Land The department examined and approved to be compensated.
The overbuilt and unauthorized housing, such as their own demolition within the specified time limit, to give 80 yuan/square meter self demolition subsidies. Do not remove by themselves, by the land unit to apply for municipal planning department for the identification of unauthorized building, administrative law enforcement departments in accordance with the law to implement the demolition, the organization of the demolition of the implementation of the fee paid by the executor.
Twelve, housing demolition and resettlement compensation for the identification of separate households
29. In the housing demolition and resettlement compensation for the investigation and registration, the establishment of separate households in accordance with the Maanshan City, the leading group of the registration of housing ownership on collective land, "on the registration of housing ownership on collective land on the notice of the supplementary provisions of the specific policy (Ma set of group 〔2008〕 No. 2) for the provisions of the registration of housing ownership. Without the consent of the relevant organizations, the public security department for approval or written determination, shall not be subdivided into households to register compensation and resettlement.
Thirteen, the determination of the same household size
30. In addition to the five cases stipulated in Article 31 of the Measures, the following persons are not subject to housing resettlement:
(1) empty households that do not actually reside in the household;
(2) those who are actually living in the household but who live in foster homes, foster homes, or send students to school.
Fourteenth, the housing resettlement object of the investigation identified
31. Housing resettlement object of the investigation.
The relocation agency should be demolished and relocated households to provide the household register (including the household title page), demolition of household building certificate or title certificate and other authenticity and legality of the investigation to confirm.
Three or four generations of the same family or have reached the age of late marriage or divorced for more than a year must be respectively to the public security departments in accordance with the relevant provisions of the approval of the division of the household and the property rights of the registration or identification procedures, or will not be divided into separate households registered.
32. Housing resettlement objects identified.
The relocation agencies should be based on the requisitioned land in the village or group of agricultural households (or originally for the requisitioned land account), in line with the right to use the rural residential base, the legal housing was demolished to determine the three elements. The following types of people are always recognized as non-housing resettlement objects:
(1) those who were originally the agricultural hukou of the requisitioned land, but later changed to non-agricultural hukou, and have owned housing in the city and do not have the registration procedures for the property rights of the requisitioned land;
(2) those whose hukou is not in the village or group where the requisitioned land is being demolished and evicted, and those who do not have the certificate of the right of use of the residential base or the certificate of the construction of the building at the place of requisition, no matter whether or not they have a house at the location of their hukou (the certificate). There are village groups and merger situations, except for those who have been provided with certificates by villages and townships);
(3) Urban residents who have constructed or acquired houses in the place to be demolished and relocated.
XV. Demolition and relocation of non-residential housing
33. Non-residential housing without two certificates.
Non-residential housing without planning and land use procedures in accordance with the law, the land unit to apply for the planning department to determine the legality of the determination of illegal structures, all by the administrative law enforcement departments to be demolished according to law.
34. Non-residential housing only one license.
Only the land use formalities without planning and construction formalities, the confirmation of the maximum area shall not exceed the area recorded in the land use rights certificate. The excess area is treated as illegal construction.
Sixteen, agricultural personnel resettlement, housing resettlement and other deadlines
35. In the case of land expropriation and demolition, agricultural personnel resettlement, housing resettlement and one-time living allowances, with the date of the announcement of the land expropriation compensation and resettlement and housing demolition compensation and resettlement programs approved by the law as the deadline for acceptance.
Seventeen, the identification of special hardship case
36. Special hardship case should be, in principle, low-income households and households returning to poverty from serious illnesses (according to the medical insurance policy listed in order to provide assistance for the identification of the disease) and so on. The procedure for recognition is:
(1) the demolished and relocated households with special difficulties (or households returning to poverty due to serious illnesses) apply to their villages;
(2) the village committee agrees to form an opinion after research and relocation of the village group in the village publicized without objection;
(3) by the district relocation working group to form an opinion by the District Civil Affairs Bureau or the city's medical injury and maternity insurance management service centers to determine.
Eighteen, demolition and resettlement certificate issuance
37. The demolished household to purchase housing, should hold housing demolition and relocation compensation form, housing resettlement monetization approval form or demolition and relocation of housing property rights exchange settlement vouchers and the original "Purchase Contract" to the Municipal Land Acquisition and Relocation Affairs Administration Office to issue "Maanshan City Land Acquisition, Demolition, Relocation, and Resettlement Certificate". The Municipal Property Rights Office and the Municipal Finance Bureau will handle the title certificate and deed tax exemption formalities with the Certificate of Resettlement for Land Acquisition, Demolition and Relocation of Maanshan City.
Nineteen, the demolition and relocation of the demolition and relocation transition time and standards
38. Demolition and relocation of housing should be resettled, need to be resettled on their own transition time according to the date of the demolition and relocation to the notification of the release of resettlement housing keys after the date of 3 months, the project land unit is responsible for paying the transition fee for a maximum of 18 months, the part of the overtime in principle by the resettlement of housing construction is responsible for the payment of the responsibility of the main body. The standard of the demolition and relocation transition fee is 200 yuan per person per month. The implementation of municipal government order No. 39 demolition transition has not yet been issued resettlement house keys of the demolished households, demolition transition fee standard from the date of implementation of the Measures in accordance with the implementation of this standard, the source of the cost is still paid by the original project land unit.
Twentieth, the demolished farmers resettlement housing matters
39. District governments should be based on land acquisition, demolition and resettlement needs at the beginning of each year to put forward the annual resettlement housing construction plan, reported to the municipal resettlement housing construction leading group for approval after the implementation of the organization. Resettlement housing construction needs to expropriate land, involving agricultural land, the municipal land and resources bureau should be included in the annual agricultural conversion plan, give priority to land.
40. Demolished farmers resettlement housing construction, supply and management.
(1) the demolished farmers resettlement housing refers to the municipal government unified planning, district government organization and implementation, market operation, directed to limit the sale of policy housing with the nature of security.
(2) the city resettlement housing construction leading group is the city's demolished farmers resettlement housing construction, supply and management of the coordinating body. Its office specifically to undertake the day-to-day work.
(3) The supply of resettlement housing for demolished farmers is aimed at those whose housing is demolished and relocated in accordance with the provisions of Article 30 of the Measures.
(4) the demolished farmers resettlement housing by the district government (or other units approved by the municipal government) is responsible for the construction, management and distribution.
(5) The planning, design and construction of resettlement housing must conform to the national residential construction norms, and the design and construction standards shall not be lowered. Resettlement community planning and design programs and construction of household type programs, by the planning department review and report to the municipal resettlement housing construction leading group agreed to before the issuance of "construction project planning permit". Development and construction units shall be strictly in accordance with the approved planning design and construction of household type program organization and construction, without the consent of the leading group shall not be changed.
Resettlement house type design shall comply with the Measures resettlement standards. Combined with the city was relocated to resettle the actual family population of farmers, resettlement housing construction house type set for A, B, C, D, E, F six categories, and their corresponding building design standards were: 50 square meters, 60 square meters, 70 square meters, 80 square meters, 90 square meters, 120 square meters. Around the value of control within 5 square meters (including 5 square meters).
(6) the demolished farmers resettlement housing sales price and floor level fee rate standards.
Demolished farmers resettlement housing sales price of resettlement housing sales price multiplied by the floor level fee rate.
①Resettlement housing sales price.
The sales price of resettlement housing is 1600 yuan/square meter. Should be resettled within the area of the part (A type of household standards are deemed to be resettled area) sales base price of 1600 yuan / square meter; beyond the provisions of the resettlement standard of 5 square meters below (including 5 square meters), is considered to be a natural over the area of the sales price of 1600 yuan / square meter; beyond the resettlement standard of 5 square meters of its resettlement of more than 10 square meters below (including 10 square meters), the base price of the sales is 1780 yuan /square meter; exceeding the required resettlement standard of more than 10 square meters, the sales price of 2080 yuan / square meter. For special circumstances really need to raise the level of house type to buy a house, by the application of the evicted households, approved by the resettlement housing construction responsibility of the main unit, can be over the provisions of the house type to buy a house, the price of 2,680 yuan / square meter charge. The sales price of the leaping part of the house is always calculated at 1000 yuan/square meter.
② floor level fee rate standard.
Floor level fee rate standards for the first floor -1%, second floor 0, third floor +3%, fourth floor +4%, fifth floor +2%, sixth floor -8%. The unit composite rate is 0.
(7) Housing demolition and resettlement regulations room type standard.
Families who choose to be resettled in the form of monetized plus allocated resettlement housing. Allocation and purchase of resettlement housing standards for per capita 20 square meters (one child plus 10 square meters), to be the corresponding set of resettlement. That is, 1 person households, 2 person households corresponding to the purchase of A-type house; 3 people in the non-only child households with the purchase of B-type house; 3 people in the only child households with the purchase of C-type house; 4 people households with the purchase of D-type house, and so on. Taking into account the family demographic structure, composition and demographic changes and other factors, the following cases such as its request to raise the standard of the house type level to buy a house, can be allowed to raise the standard of resettlement in the policy on the basis of a house type level to buy resettlement housing:
1 ① split households living in the elderly couples;
② separate living in the newlywed couples;
③ single-parent family
④Couples with two or more children and at least one child of legal marriageable age but unmarried.
If you do not belong to the above cases, you are not allowed to increase the standard of housing type class to purchase a house in principle.
(8) Approved to increase the base price of housing sales for house type class purchase.
①After an elderly couple living in a separate household raises the standard for purchasing a house from type A to type B, the area of less than 55 square meters will be calculated at the base price of RMB 1,600 yuan/square meter, and the area exceeding that will be calculated at the base price of RMB 1,780 yuan/square meter.
② belonging to the above two or three types of cases, should be resettled from the corresponding A-type housing to raise the level of a house type to the B-type housing level of purchase, and four types of cases, from the D-type housing to raise the level of a house type to the E-type housing, calculated on the basis of the base price of 1,600 yuan / square meter.
(9) the choice of property rights transfer resettlement of families, according to the per capita transfer 30 square meters regulations, shall not be raised housing type level resettlement. That is, 1 person households corresponding to the transfer of resettlement A household type, 2 person households corresponding to the transfer of resettlement B household type, 3 person households corresponding to the transfer of resettlement D household type, 4 person households corresponding to the transfer of resettlement E household type. Due to the design of the resettlement housing set and other reasons, the area of the resettlement housing actually exchanged by the evicted person is smaller than the area that should be exchanged for resettlement, the evicted person shall compensate for the price of the insufficient area of resettlement according to the benchmark price of the resettlement housing; over the area of resettlement that should be exchanged for resettlement, the area of the over area of the evicted person is from 5 square meters (excluding 5 square meters) to 10 square meters (including 10 square meters) according to the payment of RMB 1,780 yuan/square meter, the part of the part of the area above 10 square meters shall be paid according to the payment of RMB 2080 yuan/square meter. The part above square meter is paid by 2080 yuan/square meter.
(10) Relevant taxes and housing maintenance funds payable by the demolished and evicted households for the purchase of resettlement housing shall be paid by the demolished and evicted households themselves.
41. Management of funds for construction of resettlement houses for demolished farmers.
Districts should set up a special financial account for the construction of resettlement housing for evicted farmers, earmarked for this purpose, and subject to the supervision of the financial and auditing departments. In principle, the funds are managed in accordance with the project closure, shall not be diverted for other purposes. Land units should be included in the resettlement plan in a timely manner in the resettlement of demolished farmers housing resettlement monetized resettlement payments or property rights exchange (property rights exchange area within the benchmark price of 1,600 yuan / square meter) settlement funds, according to the actual allocation of resettlement housing construction responsibility for the main body of the unit set up by the demolished farmers resettlement housing funds special account. Over the area of the purchase of the demolished farmers resettlement housing purchase money, should be included in the district of the demolished farmers resettlement housing construction funds financial account, specifically for the balance of funds for the construction of resettlement housing for the demolished farmers.
Twenty-one, the expropriation compensation, resettlement dispute coordination, ruling
42. The expropriated collective economic organizations, villagers or other rights of the expropriated collective economic organizations, villagers or other rights of the expropriated land demolition and relocation of compensation disputes, from the date of the municipal government approved compensation for the expropriation and relocation of resettlement of the program announcement of the date of 30 days, written to the municipal government to apply for coordination, the city government from the date of receipt of the application to coordinate the completion of the 60-day period. If the coordination fails to reach an agreement, the parties concerned may, within 15 days from the date of failure of coordination, apply in writing to the provincial government for a ruling. If the parties do not accept the ruling, they may apply for administrative reconsideration or file an administrative lawsuit. During the period of coordination, adjudication, reconsideration and litigation of compensation and resettlement disputes, the implementation of the land acquisition program shall not be stopped.
Xxii. Use and management of land requisition lump-sum fee
43. The land requisition lump-sum unforeseeable fee is mainly used to deal with the historical problems in the requisition and relocation and some sudden incidents, such as petitions and maintenance of the order of the requisition and relocation work, etc. After the final account of the project is completed, if any savings are made, the project will be closed. If there are any savings after the completion of the final account of the project, all of them should be paid to the financial management.
Twenty-three, bridges, ditches and other attachments to the use and management of compensation costs
44. Attachment compensation costs belong to the owner, belonging to the village, group-owned, special account storage. When transferring households and withdrawing groups, they will be divided equally according to the list of registered households. Usually if you need to use, in accordance with the village account township management regulations and procedures.
Twenty-four, land requisition work funds standard, use and management
45. Land requisition work funds for 5,000 yuan per mu, the scope of its use in three main areas: first, to pay for the requisition and relocation of the rent of the work site and the purchase of the necessary office facilities; the second is to pay for the employment of staff wages, village representatives and other personnel labor subsidies, communication subsidies, all staff overtime, summer frost and other costs; third, to pay for meetings, meetings, and other expenses. Thirdly, it is to pay for meeting fees and all kinds of consumables (such as photocopying fees, paper forms, rulers, paints, brushes, etc.) in the work of land requisition. The funds for land requisition work shall be used by each responsible body for land requisition and relocation, and the specific allocation and use management methods shall be decided by each district government and other responsible bodies for land requisition and relocation.
Twenty-five, on strengthening the comprehensive supervision of land requisition and relocation
46. The implementation of land requisition and relocation of local responsibility system.
District governments are responsible for the compensation and resettlement of land requisition, demolition and relocation in their respective districts. Each district government shall effectively take up the responsibility of demolition and relocation in accordance with the law, comprehensive safeguards, strict enforcement, safeguarding the interests of the people being demolished and relocated, and ensuring stability, and strengthen the organization and coordination to form a joint force in the demolition and relocation and improve the efficiency of the demolition and relocation.
47. The implementation of special assessment of the objectives of the work of eviction and relocation.
Targets of land requisition and relocation of special assessment, including the task of requisition and relocation, requisition and relocation according to law, compensation and resettlement, cost control, resettlement housing construction, supply and management of demolished peasants, requisition and relocation of project data archiving and management, requisition and relocation of stability and other content. The specific assessment work, conducted on an annual basis, is organized and implemented by the Municipal Bureau of Land and Resources.
48. The implementation of relocation work project audit system.
Districts should implement the relocation project audit system, the relocation project cost audit, strict control of the cost of relocation.
49. Establishment of the relocation work package reward system.
The implementation of relocation work package, the land unit shall be measured in accordance with the total cost of relocation of 1% of the total cost of relocation to the district government to pay the relocation work incentive fee, by the land unit in the signing of the land requisition package agreement to pay to the municipal land requisition and relocation services management office supervision, where the district to complete the package within the agreed period of time, after obtaining the consent of the land unit, the municipal land requisition and relocation services management office to pay to the district government; Otherwise, directly returned to the land unit, the land unit shall be paid to the district government. Otherwise, it will be returned directly to the land use unit.
50．After the end of the project's expropriation and relocation, the district expropriation and relocation affairs agency shall, after obtaining the consent of the district government, go through the formalities of reporting to the Municipal Land Expropriation Compensation and Resettlement Affairs Office, and provide the following materials:
(1) application form for reporting the expropriation and relocation work;
(2) expropriation, compensation and resettlement materials;
(3) the agreement of the lump sum of the expropriated land;
(4) Transfer of land vouchers with land use units;
(5) Commitment of the host district government to continue to undertake the follow-up management of the closed project.
After the completion of the relocation project, the Municipal Administration of Land Acquisition and Relocation shall, on the basis of consulting the land use units, promptly pay the incentive fee to the district government for the completion of the relocation project.
Twenty-six, the date of implementation
The implementation of the rules from January 1, 2009 shall come into force.