"Ma 'anshan city land acquisition compensation and resettlement measures" has been discussed and passed at the 23rd executive meeting of the municipal government on February 6, 2008, and is hereby promulgated and shall come into force as of June 6, 2009.
Mayor of Zhou Chunyu
December 29th, 2008
Measures of Maanshan Municipality on Land Acquisition Compensation and Resettlement
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Property Law of People's Republic of China (PRC) and other relevant laws and regulations, in combination with the actual situation of this Municipality, in order to strengthen the administration of land expropriation and safeguard the legitimate rights and interests of all parties involved.
Article 2 These Measures shall apply to the compensation and resettlement for expropriation of collectively-owned land and demolition of houses and attachments on collectively-owned land (hereinafter referred to as expropriation and demolition) within the urban area of this Municipality. These Measures are also applicable to the compensation and resettlement of the remaining land after land acquisition and demolition. Where the national and provincial standards for compensation and resettlement for major infrastructure projects have other provisions, those provisions shall prevail.
Third municipal government unified leadership of the city's relocation work.
The Municipal Bureau of Land and Resources manages the compensation and resettlement work in a unified way, and the municipal land acquisition and resettlement affairs management institution to which it belongs is responsible for the transactional work of compensation and resettlement management. The district governments are responsible for organizing the relevant departments of the government at the corresponding level, township governments and subdistrict offices to implement the land acquisition and demolition work within their respective jurisdictions, and the land acquisition and demolition affairs institutions established by them are responsible for the specific affairs of compensation and resettlement within their respective jurisdictions. The Administrative Committee of Cihu Economic Development Zone is responsible for the requisition and demolition of collective land in Zhaoming Village and Yang Jiacun under its management. The relevant departments shall, in accordance with their respective responsibilities, cooperate in the relevant work of land acquisition and demolition.
Fourth rural collective economic organizations, rural villagers or other rights holders who have been demolished shall obey the needs of social and economic development for construction land, safeguard their legitimate rights and interests according to law, and actively assist in the demolition work.
Article 5 A joint meeting system of compensation and resettlement guarantee for land acquisition and demolition shall be established, led by the district government (Administrative Committee of Cihu Economic Development Zone) and attended by relevant departments of the city, such as land and resources, labor security, finance, public security, planning, real estate, agriculture, forestry and supervision. Participate in and regularly study and solve relevant problems in land acquisition and demolition work.
Chapter II Land Requisition Procedures
Article 6 Land requisition shall go through the examination and approval procedures according to the following procedures:
(a) the applicant for land acquisition shall prepare a report in accordance with the requirements of land acquisition approval and send it to the Municipal Bureau of Land and Resources. The Municipal Bureau of Land and Resources shall arrange for examination and approval according to the annual land use plan and agricultural land conversion plan determined by the municipal government.
(II) The Municipal Bureau of Land and Resources shall co-ordinate the formulation of agricultural land conversion scheme, supplementary cultivated land scheme and land acquisition scheme (for projects with separate site selection, the land supply scheme shall be formulated and submitted for approval), and after approval by the municipal government, it shall be submitted to the government with approval authority for examination and approval according to law. The requisition of forest land shall first obtain the consent of the administrative department of forestry. sequence
Seventh land acquisition plan approved according to law, announced in the name of the municipal government in the land acquisition village, group. Among them, the expropriation of all land of township collective economic organizations shall be announced at the location of the township government.
Eighth collective economic organizations, rural villagers or other rights holders who have been expropriated shall, within the time limit stipulated in the land acquisition announcement, go through the registration procedures for compensation for land acquisition and demolition at the designated place with the land ownership certificate or other valid documents. Failing to go through the registration procedures for land acquisition compensation as scheduled, the survey results of land administrative departments shall prevail; Failing to go through the compensation registration procedures for the demolished houses and attachments as scheduled, the survey results of the demolition institutions shall prevail.
Article 9 The Municipal Bureau of Land and Resources shall, according to the approved land acquisition plan and the compensation and resettlement standards stipulated in these Measures, make overall plans for land acquisition compensation and resettlement plans and house demolition compensation and resettlement plans, and make an announcement at the place where the land is expropriated to listen to opinions. After the approval of the municipal government, the compensation and resettlement plan for land acquisition and the compensation and resettlement plan for house demolition shall be organized and implemented by the district governments (Administrative Committee of Cihu Economic Development Zone).
Tenth land acquisition compensation City shall pay in full within 3 months from the date of approval of the land requisition compensation and resettlement plan. Before the compensation and resettlement fees for land acquisition are paid in full, the expropriated rural collective economic organizations, rural villagers or other obligees have the right to refuse to pay the land payment (except that the collective economic organizations, rural villagers or other obligees refuse to receive compensation and resettlement fees without justifiable reasons); Rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated shall deliver the expropriated land within 30 days from the date of paying all the land expropriation fees. Disputes over land requisition compensation and resettlement will not affect the implementation of land requisition plan.
Eleventh after the announcement of land acquisition, the relevant departments, units and individuals should suspend the following matters within the scope of land acquisition: (1) approval of homestead and other construction land;
(two) to approve the construction, renovation and expansion of houses;
(three) to apply for household or household, but because of marriage, childbirth, military retirement, released from prison, the lifting of reeducation through labor and other circumstances must be home or household except;
(4) Issuing business licenses for industry and commerce;
(five) to approve the transfer of houses and land;
(6) Changing the use of houses and land.
Twelfth land acquisition and demolition compensation dispute coordination award, ordered to hand over the land, apply to the people's court for compulsory execution, in accordance with the provisions of laws and regulations.
Chapter III Compensation for Land Requisition and Personnel Placement
Thirteenth land acquisition to implement regional comprehensive land price compensation. The collection of regional comprehensive land price consists of land compensation fee and resettlement subsidy. Among them, the land compensation fee is 40% of the comprehensive land price in the expropriated area, and the resettlement subsidy (including the basic old-age security fund for landless farmers) is 60% of the comprehensive land price in the expropriated area.
Article 14 Land compensation fees shall be paid and used in accordance with the following provisions: If the expropriated land belongs to the village collective economic organization, a special financial account shall be set up, which shall be managed by towns and streets and used by all. For those belonging to villagers' groups, 70% of the total land compensation fee shall be allocated to the resettlement personnel by the collective economic organizations according to the provisions of villagers' autonomy for the production and living expenses of landless farmers. The remaining 30% will be included in the provident fund of the village collective economic organizations to deal with the problems left over from the previous land acquisition and demolition, and its use and management will be supervised by the district government (the Administrative Committee of Cihu Economic Development Zone).
Fifteenth the number of agricultural population to be resettled shall be determined according to the number of cultivated land requisitioned divided by the number of cultivated land per capita occupied by requisitioned units before land requisition. The total population of the land-expropriated units is the permanent agricultural population that meets the resettlement conditions on the date of the announcement of land expropriation. The total amount of cultivated land before land acquisition by the land-expropriated unit shall be subject to the investigation results of the land and resources department. Cultivated land refers to vegetable fields, paddy fields, dry land and cash crops. Intensive fish ponds (including fry ponds) are calculated according to cultivated land.
Article 16 The following personnel of the land-expropriated unit belong to those who need to be resettled:
(a) Permanent agricultural population and persons born and legally married;
(2) Active duty conscripts who originally lived in agricultural registered permanent residence;
(three) the original permanent residence was reeducation through labor in agricultural registered permanent residence;
(4) 1 August 19951The people who moved into the landless villagers' group a few days ago have contracted land and houses, and the main labor force is engaged in agricultural production and undertakes agricultural obligations. If the contracted land does not reach the per capita contracted land level of the villagers' group, it shall be resettled according to the actual proportion; (five) the agricultural population of the national policy immigrants who moved in for the first time;
(six) the city's urban policy migration for small town hukou "self-care rations households", there are still people who contract land and housing in the original place of residence;
(seven) when land acquisition is transferred to households, those who are members of the collective economic organization (subject to the transfer list) shall be settled.
The following personnel do not belong to the resettlement personnel:
(1) Persons who have been resettled after the previous land acquisition and natural growth persons who have married and given birth after the land acquisition and transfer;
(2) Those who move in after 1982, 10, 15, and those who do not meet the requirements in Item 4 of the preceding paragraph, shall not be resettled. But you can transfer from agriculture to Africa in your hukou;
(three) self-funded full-time college students who moved out of their accounts.
Seventeenth people need to be placed by the villagers' committee. After being publicized by the land-expropriated villagers' group, it shall be audited by the township government and sub-district offices. After confirmation by the district government (Administrative Committee of Cihu Economic Development Zone), it shall be copied to the municipal land acquisition and demolition affairs management institution for the record.
Eighteenth land acquisition and resettlement subsidies after paying the following fees, the rest by the district government unified payment into the city's basic old-age security fund accounts for landless farmers:
(a) 16 people under the age of one year (including those who live in the countryside with their parents when the policy moves), and give a one-time support subsidy of 1.2 million yuan;
(two) 16 years old (including 16 years old) above, a one-time self-employment subsidy150,000 yuan;
(3) Self-funded farmers who have no fixed jobs or stable income, full-time college students who were under 16 years old when the original land acquisition was removed from the group and transferred to the household, and were given a one-time living allowance of 8,000 yuan.
Nineteenth the compensation and resettlement fees due to the following persons shall be allocated to the district civil affairs department in one lump sum, and the district civil affairs department shall arrange or pay the living expenses according to the regulations:
/kloc-orphans under 0/6 years old;
(two) men over 60 years of age, women over 55 years of age;
(3) Persons with disability certificate, incapacity and no guardian;
(4) Persons who have been proved by hospitals at or above the county level to be mentally ill and have no guardians.
Twentieth approved resettlement of agricultural population, the public security department will promptly transfer the agricultural population from rural to non-rural areas, and be included in the basic old-age security system for landless farmers, urban employment service system and urban residents' medical insurance system. If the per capita income of family members is lower than the minimum living guarantee standard for urban residents, the minimum living guarantee system for urban residents shall be implemented.
Article 21 If the approved occupation of agricultural land of state-owned farms causes losses to the original users, compensation fees for land, young crops and attachments and resettlement subsidies for agricultural population shall be paid according to the standard of expropriation of land collectively owned by farmers, and their personnel shall not be included in the basic old-age security system for landless farmers. Compensation for the occupation of forest land shall be implemented according to the Regulations on the Protection and Management of Forest Land in Anhui Province.
Chapter IV Young crops, attachments and housing compensation
Twenty-second land acquisition shall pay compensation for young crops and attachments according to law, and the compensation for young crops and attachments shall be owned by the owner. If the temporary use of rural collective land is approved according to law, the land-using unit shall pay the rent, young crops and attachments compensation fees in accordance with these measures.
Twenty-third young crops compensation fee is calculated by multiplying the output value of crops in one season by the actual planting area at the time of land acquisition. Young crops will not be compensated. Unauthorized occupation of cultivated land, change of cultivated land use, planting trees or digging ponds to raise fish. , young crops compensation should be calculated according to the original purpose. Sporadic rare ornamental trees can be transplanted and pay the transplant fee; If it cannot be transplanted, appropriate compensation shall be given. Scattered trees are compensated according to the actual situation.
Twenty-fourth farmland water conservancy and electromechanical irrigation and drainage facilities that need to be rebuilt shall be rebuilt by the land use unit; If the attachments such as electric power, broadcasting and communication facilities can be relocated, the relocation fee shall be paid. Attachments that do not need to be rebuilt and cannot be moved shall be merged into new facts according to the replacement price and compensated to the owner. If it is necessary to move the grave, it shall be announced. The relocation expenses shall be implemented according to the standards approved by the municipal civil affairs department.
Twenty-fifth demolition of homestead legal housing according to the replacement price combined into a new compensation.
Twenty-sixth demolition of non residential housing, land use, construction procedures of legal property rights compensation in accordance with the following provisions. Among them, the demolition enterprise shall hold a business license:
(a) the demolition of non-residential housing, demolition compensation according to the housing compensation standards combined with various structural floors to calculate compensation. Demolition of non-residential houses attached to the house, the house does not increase the price;
(two) the equipment and facilities in the demolished factories, stations and warehouses are destructive demolition, and compensation should be given according to the assessed price;
(three) the cost of the demolition enterprise to stop production and business shall be compensated for 3 months according to the after-tax profit of 3 months before the date of announcement. If the equipment needs to be relocated, the relocation and installation fee shall be compensated by 5% of the total equipment value of the enterprise to be relocated;
(IV) Demolition of schools, hospitals, homes for the aged, village committees (communities) and other public service buildings shall be rebuilt or replaced in accordance with the requirements of urban planning. If reconstruction or replacement is not needed, it shall be implemented in accordance with the compensation standards for non-residential housing demolition. If the house is rented by the demolished, the demolition implementation unit will only compensate the demolished, and the relevant lessee compensation fee will be paid by the demolished.
Twenty-seventh demolition of individual industrial and commercial households own business premises and shops, the demolition should provide land use permits, real estate licenses and business licenses. If the land use stated in the land use certificate is homestead, it shall be calculated as 1. 1 times of the housing compensation standard, and no other compensation such as the loss of business suspension and relocation shall be made. If the land use right certificate states that it is used for other purposes, compensation shall be made in accordance with the provisions of Article 26.
Twenty-eighth the following young crops, attachments and houses will not be compensated:
(1) Attachments and houses that have not obtained land use approval or planning permission according to law, or are illegally built outside the approved area; (two) flowers and trees planted after the announcement of land acquisition;
(3) Attachments on temporary land beyond the approved use period;
(4) Natural wild miscellaneous clumps.
Twenty-ninth collection of suburban professional vegetable fields, in accordance with the relevant provisions of the state to pay the new vegetable field development and construction fund, the standard is 5000 yuan/mu. The new vegetable development and construction fund shall be earmarked by each district according to the regulations.
Chapter V Housing Demolition and Resettlement
Thirtieth demolition of houses should be given housing placement. Meet the following conditions, belonging to the housing resettlement object:
(a) before the announcement of land acquisition, the owner of the demolished house who has gone through the approval of land use, planning permission or holding a building permit or house property certificate according to law;
(2) Persons who meet the requirements of Article 16 and those who moved in after19821kloc-0/5 and have legal housing; The original permanent residence in agricultural registered permanent residence, then turned to non-agricultural registered permanent residence, still living in the original residential housing and legal property registration procedures, should be placed in housing; However, they have enjoyed urban housing benefits (including welfare housing distribution, housing subsidies, and units raising funds to build houses).
Thirty-first one of the following circumstances, does not belong to the housing placement object:
(a) The house has not been demolished;
(two) temporary residents or permanent residents who are renting houses;
(three) through inheritance, gift, sale and other means to obtain housing ownership or actual use rights, income rights, but not members of the collective economic organizations in the demolition area;
(four) the previous resettlement has been given housing or housing monetary resettlement;
(5) Move in after 1982 10 15, and there is no legal housing.
Thirty-second housing demolition monetary resettlement plus the purchase of resettlement housing or property rights exchange resettlement, the demolition can choose one of the above two ways.
(1) Monetization of house demolition and purchase of resettlement houses. According to the replacement price, the legal house area to be demolished will be paid compensation. For those who should be resettled, each person will be paid 30,000 yuan for housing resettlement, and the only child and the widowed person will be increased by 6,543,800 yuan+0.5 million yuan. The allocated resettlement housing area is 20 square meters for each person who meets the requirements of demolition and resettlement, plus the only child and the widowed person 10 square meter. If the total cost of housing demolition compensation and resettlement for poor households is not enough to purchase resettlement houses within the resettlement standards, the difference shall be paid in full by the land unit. (two) housing units to implement property rights exchange and resettlement. Everyone who should be placed in housing will exchange property rights of equal area according to 30 square meters, and they will not pay the difference to each other. If the original legal housing area of the demolished person (excluding leather houses and appendages) is lower than the resettlement area, it shall be replaced and resettled according to the original area; Higher than the resettlement area, the higher part shall be compensated to the demolished according to the replacement price of the demolished house.
Thirty-third special circumstances, such as outer suburbs and linear projects, are not suitable for monetary resettlement and property rights exchange resettlement. With the approval of the municipal government, resettlement can be carried out by self-demolition and self-construction. The district government is responsible for organizing the implementation of self-demolition and self-construction resettlement, and the demolished houses will be compensated according to the replacement price 120%. The expenses for self-demolition and self-built homestead demolition compensation, "three links and one leveling" and public facilities construction are 46,000 yuan per household, which will be used by the district government as a whole.
Thirty-fourth the principle of household resettlement of relocated households and the determination of the per capita legal area of demolished houses shall be implemented in accordance with the relevant provisions of the municipal government on the registration of housing property rights on collective land.
Thirty-fifth housing demolition, relocation subsidies should be paid to the demolition; If the person to be demolished needs temporary resettlement on his own, he shall pay a temporary resettlement subsidy (transition fee); If the demolished person completes the relocation within the final relocation period stipulated in the demolition announcement, the demolished person may give a one-time relocation incentive fee according to the prescribed standards.
Article 36 If the children of the demolished people attend primary school or junior high school and need to transfer due to house demolition, the education department shall arrange for them to attend according to the actual transition address after the demolition, and shall not charge inter-regional borrowing fees, with the transfer certificate of children of house demolition households in Maanshan issued by the municipal land acquisition and demolition affairs management agency.
Thirty-seventh housing monetary resettlement funds or the implementation of property rights exchange should be placed in the area of housing funds are paid by the land unit to the district government.