Tongren City Wanshan District of land expropriation compensation and resettlement of the specific content of the approach?

Article 1 In order to standardize the work of compensation and resettlement for land expropriation in our city, to ensure the smooth progress of land expropriation, and to protect the lawful rights and interests of the rural collective economic organizations and farmers whose land is expropriated, according to the "Land Management Law of the People's Republic of China", "Regulations on the Implementation of the Land Management Law of the People's Republic of China", "Property Law of the People's Republic of China", "Decision of the State Council on Deepening Reforms and Strictly Managing the Land (Guo Fa [2004] No. 28), "Guizhou Provincial Land Management Regulations", "Guizhou Provincial People's Government on the unified annual production value standard of land requisition in Guizhou Province and the results of the requisition area piece of comprehensive land price of the approval" (Qianfu letter [2009] No. 255), combined with the actual situation of the city, to formulate the relevant provisions of this approach. Article 2 These Measures shall apply to the compensation and resettlement of land requisition in the administrative area of the city. Where laws and regulations provide otherwise, they shall apply. Article 3 The compensation and resettlement of expropriated land referred to in these Measures means that the State, in order to meet the needs of the public interest of society, expropriates collectively owned land in accordance with the law, and compensates and resettles the expropriated land of the rural collective economic organization and the peasants (including other legal use of the collective land of the units and individuals, hereinafter the same). Article 4 The competent department of land administration of the municipal people's government and the townships (towns and offices) shall be responsible for the compensation and resettlement of the expropriated land under their jurisdiction, and the relevant departments and units shall assist in the compensation and resettlement of the expropriated land in accordance with their respective duties. Article 5 The competent department of land administration, each township (township, office) shall, in accordance with these Measures, compensate and resettle the rural collective economic organizations and farmers whose land has been expropriated. The rural collective economic organizations and farmers whose land is expropriated shall submit to the needs of the State in expropriating land and shall not obstruct the work of expropriation. Article 6 Except for the State's expropriation of land in accordance with the provisions of the law, no other unit or individual shall carry out land acquisition activities. I. Protection of Cultivated Land Article 7 Where non-agricultural construction is approved to occupy cultivated land, the unit or individual occupying the cultivated land shall be responsible for reclaiming cultivated land of a quantity and quality comparable to that of the cultivated land occupied; if there are no conditions for reclaiming the reclaimed land or if the reclaimed land fails to meet the requirements, he shall pay reclamation fees for the cultivated land in accordance with the following provisions and shall earmark the fees for reclaiming the new cultivated land. (a) If basic farmland is occupied and there are no conditions for reclamation, the reclamation fee for the arable land shall be paid at two times the land compensation fee for the expropriation of the land; if the reclaimed arable land does not meet the requirements, the reclamation fee for the arable land shall be paid at more than one and less than two times the land compensation fee for the expropriation of the land. (ii) If other arable land is occupied and there are no conditions for reclaiming it, the arable land reclamation fee of one times the land compensation fee for expropriating the land shall be paid; if the reclaimed arable land does not meet the requirements, the arable land reclamation fee of more than 0.5 times and less than one times the land compensation fee for expropriating the land shall be paid. The land compensation fee for arable land in the area of zone comprehensive land value shall be calculated at 40% of the compensation standard of zone comprehensive land value. Cultivated land reclamation fee shall be included in the total investment of the construction project. Article 8 prohibits idle and deserted arable land. Idle and deserted arable land shall be dealt with in accordance with relevant state regulations. In case of violation of Article 37 of the Land Management Law, the idle fee shall be paid at the rate of one to two times of the annual production value of the arable land. The idle fee for arable land in the area of district comprehensive land value shall be paid at the rate of 4% to 8% of the compensation standard of district comprehensive land value. Article 9 land damage caused by digging, collapse, pressure occupation, solid waste piling, temporary use of land, etc., land use units and individuals should be reclaimed in accordance with the principle of "who destroys, who reclaims"; no conditions for reclaiming or reclaiming does not meet the requirements, should be paid per square meter of 5 yuan to 15 yuan of land reclamation fees, specifically for land reclamation. Article 10 Article 10 arable land reclamation fee, land idle fee, land reclamation fee by the municipal people's government to undertake arable land balance of the land administrative department in accordance with the provisions of the authority to collect the full amount into the same level of financial extrabudgetary funds account, the implementation of the two lines of management, dedicated to arable land reclamation, land consolidation and land reclamation. Specific collection, management and utilization methods in accordance with the provisions of the provincial people's government. Second, land requisition compensation and resettlement Article 11 The land requisition program shall be formulated by the land administrative department of the municipal people's government in accordance with the relevant provisions of the state, and after approval in accordance with the law, the municipal people's government shall approve the requisitioning authority, the approval number, the location of the land requisitioned, the use, the scope, the area, as well as the location of the requisitioned land compensation registration and the period of time, etc., the requisitioned land in the location of townships (townships, offices) and villages, groups to be announced, and organized for its implementation. Article 12 Rural collective economic organizations and farmers whose land is expropriated shall not plant crops or change the use of land within the expropriated land. Crops planted in a rush shall not be compensated, and land use changes shall be compensated according to the land use before the change. Article 13 During the period of land acquisition, the relevant departments of public security, industry and commerce, real estate, planning and other relevant departments shall suspend the procedures of moving households into the area, splitting households, issuing business licenses, and the procedures related to the reconstruction, expansion, mortgage, lease, sale and purchase of houses. Within the period of land requisition, if it is really necessary to move into a household or split a household due to birth, marriage and demobilization of soldiers, etc., the public security organs shall handle such cases after verification by the competent department of land administration. Article 14 The owner and the user of the expropriated land shall, within the period specified in the announcement, go to the competent land administrative department designated in the announcement for registration of compensation for the expropriation of land with the land ownership certificate. If there are buildings (structures) on the expropriated land, they shall also provide legal documents concerning the buildings (structures). Article 15 The competent department for land administration shall, in accordance with the approved land expropriation plan, draw up a compensation and resettlement plan in conjunction with the relevant departments, make public announcements in the townships (townships and offices) and villages and groups where the expropriated land is located, and listen to the opinions of the rural collective economic organizations and farmers whose land is being expropriated. Article 16 If there is a dispute over the compensation standard of land requisition, the municipal people's government shall coordinate the dispute; if the coordination fails, the municipal people's government which approves the land requisition shall adjudicate the dispute. Disputes over land requisition compensation and resettlement shall not affect the implementation of the land requisition program. Article 17 The land expropriation compensation fees shall be paid in full within 3 months from the date of approval of the land expropriation compensation and resettlement plan. If a person refuses to receive the land requisition compensation fees, the competent land administration department shall store the land requisition compensation fees in a special account in the name of the requisitioned place. Rural collective economic organizations and farmers whose land is expropriated shall hand over the land within the period specified in the land expropriation compensation and resettlement plan. Article 18 No unit or individual may appropriate or misappropriate the land expropriation compensation costs and other expenses of the rural collective economic organizations and farmers whose land is expropriated Article 19 Compensation for land expropriation shall be given in accordance with the original use of the expropriated land. The compensation fee for land requisition includes the unified annual value of the land requisitioned (district comprehensive land price compensation standard) and the compensation fee for seedlings and ground attachments. Article 20 The land compensation fee in the land requisition compensation fee is paid to the rural collective economic organization or the villagers' committee for safekeeping. With the consent of the villagers' meeting, the rural collective economic organization or the villagers' committee has the conditions to use the land compensation fee for the development of production and the solution of the farmers' livelihood, it can be arranged for the use of the land; the land to be expropriated belongs to the farmers' contracted land or the land retained by themselves, with the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, the rural collective economic organization or the villagers' committee can adjust the land to the expropriated farmers. If the rural collective economic organization or the villagers' committee fails to adjust other land to the farmers and fails to solve the farmers' livelihood problems, the rural collective economic organization or the villagers' committee shall pay no less than 80% of the land compensation fee to the farmers for developing production and seeking their own livelihood. The land compensation fees obtained by a rural collective economic organization or a villagers' committee in accordance with the preceding paragraph shall be managed in a special account and used for the development of production and for the living subsidies of the farmers whose land has been expropriated. The use of land compensation fees shall be determined by a vote of the members of the collective economic organization or villagers' committee whose land has been expropriated, and the status of its income and expenditure shall be announced at least once every six months, subject to the supervision of the members of the collective economic organization or the villagers. It is prohibited for any unit or individual to retain, misappropriate, encroach upon, or otherwise illegally use land compensation fees. The land compensation fee in the area of zone comprehensive land value shall be calculated according to 40% of the compensation standard of zone comprehensive land value (unutilized land shall be calculated according to 100%). Article 21 Compensation fees for seedlings and ground attachments. (1) If there are seedlings on the requisitioned land, they shall be compensated according to the standards stipulated in these Measures (see the Annex to these Measures). (b) The buildings (structures) and trees on the expropriated land shall be compensated in accordance with the relevant provisions of these Measures (see the Annex to these Measures), and if there are no provisions in these Measures, the two parties shall agree on the standard of compensation; if there are no provisions in these Measures and if the agreement cannot be reached, the Municipal People's Government shall determine it according to the actual value of the loss. (3) No compensation shall be made for crops or trees planted or facilities built on the land to be expropriated after the issuance of the advance notice of land expropriation. Article 22 For houses on the land to be expropriated, the determination of their property rights, area, structure, nature of use and age of construction shall be based on the land use right certificates and other legal documents before the announcement of the land expropriation. Article 23 No compensation shall be paid for the demolition of illegal and unauthorized buildings and temporary buildings that have legal documents stating that they are unconditionally demolished when needed for national construction. Article 24 If the state-owned land lent to a rural collective economic organization for cultivation is recovered due to the needs of national construction, only the seedlings shall be compensated, and if an agreement on the lending of land has been signed, it shall be fulfilled in accordance with the agreement. Article 25 For the temporary use of collective land, the land user shall sign a contract for the temporary use of land with the relevant land administrative department or rural collective economic organization or villagers' committee, and shall make compensation year by year according to the contract or with reference to the unified annual production value standard after deducting the input cost of cultivating the pipe, and for the destruction of the land caused by the expiration of the temporary use of the land, the land user shall be responsible for the reclamation and, if he is not in a position to do so, he shall If there are no conditions for reclamation, the land user shall pay the land reclamation fee, which shall be specially used for land reclamation. Article 26 The relocation of graves within the scope of land expropriation shall be carried out in accordance with the relevant laws and regulations of the State. Where compensation should be made, it shall be made according to the prescribed standards. Grave owners shall relocate their graves themselves within the period specified in the announcement [3-4]; if they fail to relocate their graves after the expiration date, they shall be regarded as graves with no owner, and shall be dealt with by the competent department for land administration of the Municipal People's Government in conjunction with the relevant departments. Article 27 The compensation standards for land acquisition and resettlement of immigrants for large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the State Council's Regulations on Compensation for Land Acquisition and Resettlement of Immigrants for Large and Medium-sized Water Conservancy and Hydropower Project Construction and the relevant provisions of the provincial government. Article 28 After expropriation of land, the resettlement subsidy may be issued to the resettled persons personally or, with the consent of the resettled persons, may be used to pay for the pension, unemployment, medical insurance and other expenses of the resettled persons. The resettlement subsidy in the area of district comprehensive land value shall be calculated at 60% of the compensation standard of district comprehensive land value (there is no resettlement subsidy for unutilized land). Article 29 If a house to be demolished or relocated needs to be rebuilt, it must conform to the overall land use planning and urban and rural planning. The relevant land use limit stipulations in the Land Management Regulations of Guizhou Province shall not be breached. Article 30 The demolished and relocated households to re-apply for land to build houses must be handled in accordance with the relevant provisions, one of the following circumstances, will not be arranged for reconstruction of land. (a) the owner of the house has another residential base in another place has reached the standard of the required area of land; (b) land requisition notice published and the scope of housing demolition determined, the use of all kinds of relations to move the household, the sudden division of households; (c) neither the contracted land, but also housing hitching post households; (d) illegal occupation of land for the construction of buildings.