Please ask the Maanshan City demolition and relocation of Order 43 repealed?
Maanshan Municipal Government's Order No. 43:
Measures for Compensation and Resettlement of Land Acquisition in Maanshan City have been discussed and adopted at the 23rd executive meeting of the municipal government on December 16, 2008, and are hereby promulgated to come into force from January 1, 2009 onwards.
Mayor Zhou Chunyu
December 29, 2008
Methods for Land Expropriation, Compensation and Resettlement in Maanshan City
Chapter I General Provisions
Article 1 In order to strengthen the management of land expropriation, and to safeguard the lawful rights and interests of the parties concerned, in accordance with the "People's Republic of China*** and the State Land Administration Law", the "People's Republic of China*** and the State Property Law", and so on. Relevant laws and regulations, combined with the actuality of the city, the formulation of these measures.
The second article of the city within the jurisdiction of the expropriation of collectively owned land and demolition of collective land houses, attachments (hereinafter referred to as "expropriation") compensation and resettlement, shall be applicable to these measures. These Measures shall also apply to the compensation and resettlement of the land remaining after expropriation and removal of groups. The national and provincial major infrastructure projects on the relocation of compensation and resettlement standards for other provisions, from its provisions.
Article 3 of the municipal government unified leadership of the city's relocation work.
The municipal land and resources bureau unified management of relocation compensation and resettlement work, the municipal land requisition and relocation affairs management organization is responsible for the relocation compensation and resettlement management affairs. Each district government is responsible for organizing the relevant departments of the government at its level and the township governments and street offices to carry out the relocation work under its jurisdiction, and the land requisition and relocation affairs agencies established by it are responsible for the specific affairs of relocation and compensation and resettlement under its jurisdiction. The Administrative Committee of Cihu Economic Development Zone is responsible for the implementation of the requisition and relocation of the collective land of Zhaoming Village and Yangjia Village under its management. The relevant departments in accordance with their respective responsibilities to do a good job related to the relocation.
Article 4 of the requisitioned rural collective economic organizations, rural villagers or other rights shall be subject to the social and economic development of the need for land for construction, in accordance with the law to safeguard their legitimate rights and interests, and actively assist in the work of the requisition and relocation.
Article 5 the establishment of the relocation compensation and resettlement security joint meeting system, led by the district government (cihu economic development zone management committee), the city of land and resources, labor security, finance, public security, planning, real estate, agriculture and forestry, supervision and other relevant departments to participate in, and regularly study and solve the relocation of the work of the relevant issues.
Chapter II Procedures for Land Acquisition
Article 6 of the expropriation of land in accordance with the following procedures for approval:
(a) the application for expropriation of land units in accordance with the requirements of the expropriation of land for approval of the preparation of the report, sent to the Municipal Bureau of Land and Resources. The Municipal Bureau of Land and Resources shall organize the submission for approval in accordance with the annual land use plan and agricultural land diversion plan arrangement determined by the municipal government.
(2) The Municipal Bureau of Land and Resources shall coordinate the preparation of the agricultural land diversion plan, the supplementary farmland plan, and the land acquisition plan (for projects with separate sites, the land supply plan shall be prepared and submitted for approval), and then submit them for approval by the government which has the right to approve them according to the law after the municipal government has examined and agreed to them. Expropriation of forest land, shall first obtain the consent of the forestry administrative department. Article
Seven expropriation program approved in accordance with the law, the expropriated land in the village, group in the name of the municipal government to be announced. Among them, the expropriation of land owned by the collective economic organization of the township, the announcement is made at the seat of the township government.
Article 8 of the expropriated collective economic organizations, rural villagers or other rights shall be in the expropriation of land within the period stipulated in the announcement, with the land ownership certificate or other valid proof to the designated location for the expropriation of compensation registration formalities. If the registration procedures for compensation for land requisition are not carried out as scheduled, the investigation results of the competent land administration department shall prevail; if the registration procedures for compensation for demolished houses and attachments are not carried out as scheduled, the investigation results of the requisition and relocation affairs organization shall prevail.
Article 9 According to the approved land acquisition program, in accordance with the compensation and resettlement standards stipulated in these Measures, the Municipal Bureau of Land and Resources coordinates the formulation of compensation and resettlement programs for land acquisition and compensation and resettlement programs for house demolition and relocation, and makes public announcements in the places where the land is acquired to listen to opinions. After the land requisition compensation and resettlement plan, housing demolition compensation and resettlement plan approved by the municipal government, the district government (Cihu Economic Development Zone Management Committee) to organize the implementation.
Article 10 of the land requisition of the various costs of land requisition compensation and resettlement program from the date of approval of the full payment within three months. Before the compensation and resettlement fees for land requisition are paid in full, the requisitioned rural collective economic organization, rural villagers or other right holders have the right to refuse to hand over the land (except for the collective economic organization, rural villagers or other right holders who refuse to receive the compensation and resettlement fees without justifiable reasons); the requisitioned rural collective economic organization, rural villagers or other right holders shall deliver the requisitioned land within 30 days from the date of payment of the various fees for land requisition. Disputes over compensation and resettlement of expropriated land shall not affect the implementation of the expropriation program.
Article 11 After the announcement of land requisition, the relevant departments, units and individuals shall suspend the following matters within the scope of land requisition: (1) approving residence bases and other construction sites;
(2) approving new construction, alteration and extension of houses;
(3) applying for the entry into a household or the separation of a household, except for cases where the entry into a household or separation of a household is necessary due to marriage, birth, discharge of soldiers, and the release of a criminal from prison and release from re-education through labor.
(4) Issuance of industrial and commercial business licenses;
(5) Approval of housing transfer and land transfer;
(6) Changing the use of housing and land.
Article 12 coordinates and adjudicates disputes over compensation and resettlement for requisition and relocation, and orders the handing over of land and application to the People's Court for compulsory execution in accordance with the provisions of laws and regulations.
Chapter III compensation and resettlement of expropriated land
Article 13 of the expropriation of land to implement the area of comprehensive land price compensation. Expropriation area area comprehensive land price consists of land compensation and resettlement subsidies two parts. Among them, the land compensation fee is 40% of the comprehensive land value of the expropriated area, the resettlement subsidy (including the basic pension fund for peasants whose land has been expropriated) is 60% of the comprehensive land value of the expropriated area.
Article 14 of the land compensation fees are paid and used in accordance with the following provisions: the expropriated land is owned by the village collective economic organization, the establishment of a special account for financial purposes, managed by the townships and streets, and used by all. Is owned by the villagers group, 70% of the total land compensation fees by the collective economic organization in accordance with the provisions of villagers' autonomy, their own organizations should be allocated to the resettlement of people, for the production of the expropriated land farmers, living expenses. The remaining 30% into the village collective economic organization of the provident fund, for the successive expropriation and relocation of the legacy of other issues, its use, management by the district government (Cihu Economic Development Zone Management Committee) is responsible for supervision.
Article 15 of the number of agricultural population to be resettled, according to the number of the expropriated arable land divided by the number of per capita occupied arable land in the expropriated unit before the expropriation of the land to determine. The total population of the unit whose land is expropriated shall be the resident agricultural population eligible for resettlement on the date of the announcement of the expropriation. The total number of arable land in the unit whose land is expropriated before the expropriation is determined by the results of the survey conducted by the land and resources department. Cultivated land refers to vegetable land, paddy land, dry land and cash crop land. Finely raised fish ponds (including fish fry ponds) are counted as arable land.
Article 16 The following persons of the unit whose land is expropriated belong to the persons who should be resettled:
(1) the resident agricultural population as well as persons who were born and legally married into the population;
(2) active-duty conscripts of the original resident agricultural hukou;
(3) people undergoing reform through labor and re-education through labor of the original resident agricultural hukou;
(4) persons who moved their hukou to the villager group whose land was expropriated before August 1, 1995 (d) Persons whose household accounts were moved into the villagers' group whose land was requisitioned before August 1, 1995, and who have contracted land and housing, and whose main labor force is engaged in agricultural production and undertakes agricultural obligations. If the contracted land does not reach the per capita level of the contracted land of the villager group, they will be resettled in accordance with the proportion of the actual share; (5) the agricultural population of the initial place of relocation of the national policy migrants;
(6) "self-care food ration households" who have been policy-migrated to the small-town households in the urban areas of the city and still have the contracted land and housing in their original places of residence;
(vii) persons who were members of the collective economic organization at the time of land requisition and transfer of household (based on the transfer of household roster), and who should have been settled but not yet settled in the successive land requisitions.
The following persons are not to be resettled:
(1) persons who have been resettled in successive land expropriations and those who were married and born in natural growth after the transfer of land expropriations;
(2) persons who were moved into the country after October 15, 1982 who do not meet the conditions stipulated in the fourth subparagraph of the preceding paragraph are not to be resettled. However, they can apply for the transfer of their household accounts to non-agricultural status;
(3) self-financed non-agricultural persons and full-time college and university students whose household accounts have been moved out of school.
Article 17 shall be resettled by the villagers committee, after the land acquisition of villagers group publicity, by the township government, street office audit, district government (Cihu Economic Development Zone Management Committee) to confirm, copied to the municipal land requisition and relocation of the affairs of the management body for the record.
Article 18 of the expropriation, resettlement subsidies in the payment of the following expenses, the remaining portion of the district government into the municipal expropriated peasants basic pension fund account:
(a) less than 16 years of age (including policy migration when living with their parents unified farm to non-permanent), a one-time issue of 12,000 yuan of support subsidies;
(b) 16 years of age (including) above 16 years of age, a one-time issue of support subsidies;
(b) 16 years of age (including) (b) persons over 16 years of age, a one-time subsidy of 15,000 yuan for self-employment;
(c) self-funded agricultural workers who have no regular job or stable income, persons under 16 years of age who have not been resettled at the time of the withdrawal of the original requisitioned land and the transfer of the household, and full-time college and university students whose hukou has been moved out of the city, a one-time subsidy of 8,000 yuan for living expenses.
Article 19 allocates the compensation and resettlement fees due to the following persons to the district civil affairs departments in a lump sum, which will resettle them or grant them living expenses in accordance with the regulations:
(1) orphans under 16 years of age;
(2) orphans who are 60 years of age for males and 55 years of age for females;
(3) persons who hold disability certificates, are incapacitated for work, and do not have a guardian;
(4) persons who have no guardian, and who have no family members.
(d) persons who are certified by hospitals at or above the county level to be mentally ill and have no guardian.
Article 20 of the agricultural population approved for resettlement, the public security department in a timely manner on-site processing of agricultural to non-agricultural, into the requisitioned land farmers basic pension security system, urban employment service system and urban residents health insurance system. If the per capita income of family members is less than the minimum living standard for urban residents, the minimum living standard for urban residents shall be implemented.
Article 21 of the approved occupation of state-owned farms of agricultural land, resulting in the original use of the unit suffered losses, shall be in accordance with the standards of expropriation of land collectively owned by the farmers, to pay compensation for the land, seedlings, attachments, resettlement subsidies for the agricultural population, and its personnel are not included in the expropriated farmers basic pension security system. Compensation for the occupation of forest land shall be carried out in accordance with the "Regulations on the Protection and Management of Forest Land in Anhui Province".
Chapter IV Seedling, Attachment, Housing Compensation
Article 22 of the expropriation of land shall be paid in accordance with the law, the compensation for seedlings and attachments, and the compensation for seedlings and attachments shall belong to the owner. If the temporary use of rural collective land is approved in accordance with the law, the land-use unit shall pay the rent, compensation for seedlings and attachments and other expenses in accordance with these Measures.
Article 23: The compensation fee for seedlings shall be calculated by multiplying the production value of one season's crop by the actual area planted at the time of land acquisition, and no compensation shall be made for the absence of seedlings. Unauthorized occupation of arable land, change the use of arable land, planting trees or digging ponds to raise fish, etc., according to the original use of the use of the calculation of compensation fees for seedlings. If sporadic valuable ornamental trees can be transplanted, the transplantation fee will be paid; if they cannot be transplanted, appropriate compensation will be given. Sporadically planted trees are compensated according to the facts.
Article 24 of the farmland water conservancy and electromechanical drainage and irrigation facilities, need to be rebuilt, by the land unit rebuilt; power, broadcasting, communication facilities and other attachments can be relocated, pay the relocation fee. Attachments that do not need to be rebuilt and cannot be relocated shall be compensated to the owner on the basis of the replacement price combined with the newness. If graves need to be relocated, public notice shall be given. Relocation costs in accordance with the standards verified by the municipal civil affairs department.
Article 25 of the demolition and relocation of legal housing on the homestead according to the replacement price combined with the new to be compensated.
Article 26 demolition and relocation of non-residential housing, the land, construction procedures for legal property owners shall be compensated in accordance with the following provisions. Among them, the demolished person for the enterprise shall hold a business license:
(1) demolition of non-residential housing, demolition compensation according to the housing compensation standard combined with various types of structural floor height calculation compensation. Demolition and relocation of non-residential houses in the attached room, phi room without price increase;
(b) demolished factories, stations, warehouses and stacks in the equipment, facilities are destructive demolition should be based on the assessment of the price of compensation;
(c) demolition and relocation of the enterprise's shutdown costs according to the levy announcement date of the first three months of after-tax profits for three months of subsidies, the need to relocate the equipment, the relocation, installation costs of relocating the enterprise's equipment by 5% of the total value of compensation. 5% of the total value of compensation;
(4) demolition of schools, hospitals, homes for the elderly, village committees (community) offices and other public **** service buildings, should be rebuilt or replaced in accordance with the requirements of urban planning, do not need to be rebuilt or replaced, according to the compensation standards for the demolition of non-residential housing. If the demolished person rents out the house, the demolition and relocation implementation unit shall only compensate the demolished person, and the relevant tenant compensation costs shall be paid by the demolished person.
Article 27 of the demolition of individual industrial and commercial households own business houses and even store, the demolished need to provide the land use right certificate, house ownership certificate, industrial and commercial business license, such as land use right certificate of land use rights set out in the use of land for the residential base, according to the housing compensation standard of 1.1 times, and no longer separate resettlement and payment of other compensation for the loss of business relocation and other compensation; such as land use right certificate of land use rights set out in the other uses, according to the provisions of Article 26 compensation.
Article 28: The following seedlings, attachments and housing shall not be compensated:
(1) Attachments and housing built illegally without obtaining land use approval or planning permission according to the law or outside the approved or permitted area; (2) Flowers, plants and trees planted after the announcement of the expropriation of the land;
(3) Attachments on the land for temporary use exceeding the approved period of use;
(iv) Natural wild and miscellaneous bushes.
Article 29 of the expropriation of suburban professional vegetable land, in accordance with the relevant provisions of the State to pay the new vegetable land development and construction fund, the standard is 5,000 yuan / mu. New vegetable land development and construction fund by the districts in accordance with the provisions of the purpose of earmarking.
Chapter V housing demolition and resettlement
Article 30 of the demolition of housing shall be given housing resettlement. Meet the following conditions, is the housing resettlement object:
(a) land acquisition announcement before the law to deal with land use approval, planning permission or hold a building certificate, house ownership certificate of the owner of the demolished house;
(b) in line with the provisions of Article 16 should be resettled and moved after October 15, 1982, there are legal housing; the original resident agricultural hukou, and then transferred to the Non-agricultural hukou, still living in their original housing and have legal title registration procedures, compared to those who should be resettled to be resettled in housing; but has enjoyed the urban housing benefits (including welfare housing, housing subsidies, unit of capital construction) except.
Article 31 is not subject to housing resettlement if any of the following circumstances apply:
(1) the house has not been demolished;
(2) a temporary household or a permanent household but a rented house;
(3) a person who has acquired the ownership of a house, or the right to actually use it, or the right to receive its benefits, by way of inheritance, gift, or sale, but is not a member of the collective economic organization of the place where the house is demolished;
(4) a person who is a member of the collective economic organization of the place where the house is demolished or relocated; and
(4) Those who have been given housing resettlement or housing monetary resettlement in the successive evictions;
(5) Those who have moved in after October 15, 1982, and have no legal housing.
Article 32 of the housing demolition and resettlement of monetized housing plus the purchase of resettlement housing or property rights exchange resettlement, the demolished person may choose one of the above two ways.
(1) housing demolition and relocation of monetized plus the purchase of resettlement housing. Demolition of legal area of housing at the replacement price of compensation paid to the evicted. The person who should be housing resettlement of 30,000 yuan per person, housing resettlement payment, one-child and widowed another 15,000 yuan. The area of the resettlement house is 20 square meters for each person who meets the requirements for resettlement, with an additional 10 square meters for one-child and widowed persons. The total amount of compensation and resettlement expenses for housing demolition and relocation of special-needs households is not enough to purchase resettlement houses within the standard of resettlement, and the difference will be paid in full by the land unit. (ii) Housing demolition and relocation property rights exchange resettlement method. Each person who should be resettled in housing shall be resettled according to 30 square meters to implement equal area of property rights exchange, without paying each other the difference in price. For the demolition of the original legal housing area (excluding phi room, attached room) is lower than the area should be resettled, according to the original area to be exchanged for resettlement; higher than the area should be resettled, the higher portion of the demolition of housing according to the replacement price of compensation to the demolished.
Article 33 of the remote suburbs, line projects and other special circumstances are not suitable for the implementation of monetary resettlement and property rights exchange resettlement, approved by the municipal government may be self demolition and self-build mode of resettlement. The implementation of self-demolition and self-built resettlement, by the district government is responsible for the organization and implementation of the demolished house by 120% of the replacement price of the standard to be compensated. Self-demolition and self-built home base relocation compensation, "three through a leveling" and public **** facilities construction and other costs at 46,000 yuan per household by the district government to coordinate the use of the package.
Article 34 of the demolished and relocated households resettlement principles and per capita legal area of the demolished and relocated housing is determined according to the municipal government on the registration of property rights of housing on collective land relevant provisions.
Article 35 of the demolition and relocation of houses, the demolition and relocation of people shall pay the relocation subsidy; the demolition and relocation of people need to be temporarily resettled on their own transition, the temporary resettlement subsidy shall be paid (transition fee); the demolition and relocation of people in the demolition and relocation of the notice of the final deadline for the completion of the move, the demolition and relocation of people may be given a one-time relocation incentive fee in accordance with the prescribed standards.
Article 36 of the children of the demolished and relocated people to study in elementary school and junior high schools, due to housing demolition and relocation of the need to transfer to another school, with the city land acquisition and relocation affairs management agency issued by the children of housing demolition in Maanshan City, the education department shall be based on the demolition of the actual transition address, according to the principle of proximity to the principle of enrollment arrangements for schooling, and shall not be charged for the borrowing of schooling fees across the region.
Article 37 of the implementation of monetary housing resettlement of housing resettlement payments or the implementation of property rights in exchange for the exchange of resettlement should be resettled area of the purchase price are paid by the land unit to the district government.