catalogue
Chapter I General Principles
Chapter II Land Expropriation Procedures
Chapter III Compensation and Resettlement for Land Requisition
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Principles
Article 1 In order to strengthen land acquisition management, standardize land acquisition behavior, effectively protect the legitimate rights and interests of landless rural collective economic organizations, farmers and other rights holders, and promote coordinated economic and social development, these Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and other laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to the expropriation of land collectively owned by farmers for public interests within the administrative region of this province.
Article 3 The construction activities on the expropriated land shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning; If the land spatial planning has been compiled, the construction activities on the expropriated land shall conform to the land spatial planning. The construction of affordable housing projects and the development and construction of land plots organized and implemented by the government need to requisition land, which should also be included in the annual plan for national economic and social development. Involving the development of a piece of land, it shall conform to the standards set by the competent department of natural resources of the State Council; Involving the expropriation of cultivated land, the compensation system for cultivated land occupation shall be implemented according to law; Involving the requisition of permanent basic farmland, it shall comply with the relevant provisions of the state on the protection of permanent basic farmland.
Article 4 Land requisition shall follow the principles of legality, reasonableness, fairness and openness, give consideration to the interests of the state, collectives and individuals, and ensure the living standards and long-term livelihood of landless farmers.
Fifth people's governments at or above the county level shall be responsible for organizing the implementation of land expropriation within their respective administrative areas, and incorporate the land expropriation funds into the fiscal budget at the corresponding level.
The people's governments of cities and counties (cities, districts) with districts shall organize natural resources, finance, development and reform, housing and urban and rural construction, human resources and social security, agriculture and rural areas, forestry, civil affairs and other departments, as well as township (town) people's governments and sub-district offices to formulate land acquisition work plans, and carry out land acquisition work in a standardized and orderly manner. The land acquisition work plan shall include the division of work, work arrangement, fund implementation, and the division of responsibilities for resolving contradictions and disputes.
Sixth provincial people's government departments of natural resources, finance, development and reform, housing and urban and rural construction, human resources and social security, agriculture and rural areas, forestry and other relevant departments should strengthen the guidance, supervision and inspection of land acquisition.
Article 7 The competent natural resources department or natural resources management institution of the people's government of a city or county (city, district) divided into districts shall be responsible for the specific implementation of land expropriation within their respective administrative areas, and undertake the red line demarcation, survey and demarcation of land expropriation, investigation and confirmation of land, young crops and trees, compensation of land, young crops and trees in the land expropriation compensation and resettlement scheme, formulation of reserved land resettlement contents, signing of agreements, calculation and disbursement of compensation fees, etc.
The financial departments of the people's governments of cities and counties (cities, districts) divided into districts shall undertake the land compensation fees and resettlement subsidies for land expropriation, compensation fees for rural villagers' houses and other ground attachments and young crops, social security fees for landless farmers, relocation fees, temporary resettlement fees and other related fund-raising work.
The competent departments of human resources and social security of the people's governments of cities and counties (cities, districts) with districts undertake the overall planning and policy implementation of the basic old-age insurance for landless farmers, organize the implementation of the basic old-age insurance policy publicity for landless farmers and apply for insurance.
The competent agricultural and rural departments of the people's governments of cities and counties (cities, districts) with districts undertake the work of guiding the members of rural collective economic organizations to identify and supervise the use of compensation fees for collectively owned land within rural collective economic organizations.
Other relevant departments of the people's governments of cities and counties (cities, districts) with districts shall undertake the work related to land acquisition according to their respective responsibilities.
In the process of land acquisition, the departments designated by the people's governments of cities and counties (cities, districts) with districts are responsible for the investigation and confirmation of rural villagers' houses and other buildings and structures, the formulation of compensation and resettlement contents, the signing of agreements, the calculation of compensation expenses and the demolition.
Article 8 Township (town) people's governments and sub-district offices shall, in accordance with the unified arrangements of the people's governments at higher levels, assist in organizing the implementation of land expropriation, policy propaganda, implementation of compensation and resettlement, land delivery, review of the list of social security personnel, and resolution of contradictions and disputes.
Rural collective economic organizations, villagers' committees and villagers' groups shall cooperate with the land acquisition work.
Article 9 The people's governments of cities and counties (cities, districts) divided into districts shall establish and improve the archives management system of land acquisition, and urge the relevant departments of natural resources, human resources and social security to collect, sort out and preserve all the information of the whole process of land acquisition in accordance with the provisions of the archives management system of land acquisition.
Chapter II Land Requisition Procedures
Tenth because of the need of public interest, it is really necessary to requisition land collectively owned by farmers, and the people's governments of cities and counties (cities, districts) with districts shall issue a pre-announcement of land requisition.
The pre-announcement of land expropriation shall include the scope of expropriation, the purpose of expropriation, the investigation arrangement of land status, the working organization of land expropriation and its contact information. Pre-announcement of land requisition shall be posted in public places such as townships (towns), streets, villages and villagers' groups where the land is expropriated, and published on the portal website of the local people's government. The pre-announcement time is not less than ten working days.
Since the release of the pre-announcement of land acquisition, no unit or individual may rush to plant or build buildings within the scope of expropriation, including building, rebuilding or expanding houses or other buildings and structures, planting trees, grass or planting other crops; Those who rush to plant and build in violation of regulations will not be compensated for rushing to plant and build.
Article 11 The people's governments of cities and counties (cities, districts) divided into districts shall convene the owners and users of the expropriated land to investigate the current situation of the land, including the location, ownership, type and area of the land, the ownership, type and quantity of rural villagers' houses and other ground attachments and young crops. , and the results of the survey will be signed and confirmed by all parties involved, and the participation of landless farmers in basic old-age insurance will be investigated at the same time.
If the owner or user of the expropriated land cannot participate in the investigation of the current situation of the land, he shall entrust others to participate in it in writing. If you can't participate and don't entrust others, or participate in the investigation and don't sign for confirmation, the people's government that intends to expropriate land shall apply to the notary office for evidence preservation of the investigation behavior and results.
The results of the investigation and confirmation of the land status quo shall be published in the township (town), street, village and villagers' group where the land is expropriated, and posted in public places and other ways conducive to public awareness, and the publicity time shall not be less than five working days. The publicity of the results of the investigation and confirmation of land status should clarify the feedback channels of objections. If the owner or user of the expropriated land has any objection to the results of the investigation and confirmation, it shall be put forward within the publicity period and reviewed by the units participating in the investigation.
Twelfth districts of the city and county (city, district) people's government shall organize the social stability risk assessment of land acquisition, make a comprehensive judgment on the social stability risk of land acquisition, determine the risk points, and put forward risk prevention measures and disposal plans. The social stability risk assessment shall be attended by the rural collective economic organizations and their members, villagers' committees and other interested parties whose land has been expropriated, and the assessment results shall serve as an important basis for applying for land expropriation.
Article 13 The people's governments of cities and counties (cities, districts) divided into districts shall, according to the results of social stability risk assessment and in combination with the investigation of land status, organize relevant departments such as natural resources, finance, housing and urban and rural construction, human resources and social security, agriculture and rural areas, forestry, civil affairs and so on to formulate compensation and resettlement plans for land acquisition. The compensation and resettlement plan for land acquisition shall include the scope of expropriation, the present situation of land, the purpose of expropriation, the compensation method and standard, the resettlement object, the resettlement method, social security and so on.
The people's governments of cities and counties (cities, districts) divided into districts shall announce the compensation and resettlement plan for land acquisition in a way that is conducive to public knowledge, such as posting in public places, within the scope of townships (towns), streets, villages and villagers' groups where the land is expropriated, and publish it on the portal of the local people's government to listen to the opinions of rural collective economic organizations and their members. The villagers' committee and other interested parties of the expropriated land shall make an announcement for no less than 30 days. The announcement shall specify the right, method, place, time limit, unit, contact information, consequences of not handling compensation registration and objection feedback channels.
The owner and user of the expropriated land shall handle the compensation registration with the certificate of ownership of the immovable property within the time limit stipulated in the announcement. If the compensation registration is not handled within the prescribed time limit, the relevant information shall be determined according to the land survey and publicity results.
Article 14 If more than half of the members of the rural collective economic organizations whose land has been expropriated think that the compensation and resettlement plan for the land to be expropriated does not conform to the provisions of laws and regulations, the people's governments of cities and counties (cities, districts) with districts shall organize a hearing.
Land-expropriated rural collective economic organizations or their members, villagers' committees or other interested parties have opinions and suggestions on the compensation and resettlement scheme for land expropriation, which can be put forward to the people's governments of cities and counties (cities, districts) with districts. The people's governments of cities and counties (cities, districts) with districts may, according to their opinions and suggestions, organize hearings if they think it is really necessary.
Fifteenth districts of the city and county (city, district) people's government shall, according to the provisions of laws and regulations and the hearing, solicit opinions, modify the compensation and resettlement plan for land acquisition and make an announcement.
Article 16 The people's governments of cities and counties (cities, districts) divided into districts shall organize relevant departments to sign land acquisition compensation and resettlement agreements with the owners and users of expropriated land. The contents of the land acquisition compensation and resettlement agreement shall include the location, ownership, land type and area of the expropriated land, the ownership, type and quantity of rural villagers' houses and other ground attachments and young crops, the corresponding compensation standards, and the compensation and resettlement methods, implementation period and liability for breach of contract. The demonstration text of the land acquisition compensation and resettlement agreement shall be formulated by the provincial people's government.
If it is really difficult for individuals to reach an agreement on land acquisition compensation and resettlement, the people's governments of cities and counties (cities, districts) with districts shall truthfully explain when applying for land acquisition, and put forward measures to prevent and resolve contradictions.
Article 17 The people's governments of cities and counties (cities, districts) divided into districts shall organize the relevant departments of finance, natural resources, human resources and social security, agriculture and rural areas to calculate and implement the land compensation fees and social security fees of landless farmers, and ensure that the fees are paid in full and earmarked. If the relevant expenses are not paid in full, the land acquisition shall not be approved.
Land compensation fees include land compensation fees, resettlement subsidies and compensation fees involving rural villagers' houses, other ground attachments and young crops. Relocation and temporary resettlement caused by expropriation shall also include relocation and temporary resettlement fees.
National and provincial key construction projects, the construction unit shall be involved in the project construction of land compensation fees and social security fees for landless farmers into the project budget, earmarking.
Eighteenth after the completion of the preliminary work of land acquisition, the people's governments of cities and counties (cities, districts) with districts may apply for land acquisition, and report to the people's governments with approval authority for examination and approval according to law. The application for land expropriation shall be made within two years from the date of signing the agreement on compensation and resettlement for collective land ownership expropriation. If it is not put forward within two years, the preliminary work of land acquisition should be restarted. The people's governments of cities and counties (cities, districts) with districts shall, before applying for land acquisition, organize the verification of the legality, authenticity and completeness of the preliminary work and application materials for land acquisition.
Article 19 After the application for land requisition is approved according to law, the people's governments of cities and counties (cities, districts) divided into districts shall, within 15 working days from the date of receiving the approval documents for land requisition, publish the land requisition announcement within the range of townships (towns), streets, villages and villagers' groups where the land is expropriated, and publish it on the portal website of the local people's government through public places and other ways that are beneficial to the public. The announcement time is not less than ten working days.
The announcement of land expropriation shall include the specific work arrangement, relief channels and time limit, such as the land expropriation approval authority, approval document number, approval time, land expropriation scope and time limit.
Article 20 For individuals who have not reached an agreement on land acquisition compensation and resettlement, the people's governments of cities and counties (cities, districts) divided into districts shall, within 45 days from the date of the announcement of land acquisition, make a decision on land acquisition compensation and resettlement according to the results of land survey and publicity, land acquisition compensation and resettlement plan, compensation and registration results, etc. And delivered to the land-expropriated owners and users, and organized and implemented according to law.
The decision on compensation and resettlement for land expropriation shall include the basic information of the people's government and the owners and users of land expropriation, the approval authority and approval number of land expropriation, the main facts and reasons of the dispute, the standard, method, amount and payment period of compensation and resettlement, the basis and reasons for compensation decision, the right and time limit for applying for administrative reconsideration and bringing an administrative lawsuit, etc.
Article 21 The people's governments of cities and counties (cities, districts) divided into districts shall, within 60 days from the date of the announcement of land expropriation, fully pay the land compensation fees and resettlement subsidies to the expropriated rural collective economic organizations, fully pay the compensation fees for rural villagers' houses, other ground attachments and young crops to the owners, and fully incorporate the social security funds of landless farmers into the personal social security fund accounts such as the basic old-age insurance for landless farmers.
For individuals who have not reached an agreement on land acquisition compensation and resettlement, the time limit for paying land acquisition compensation shall be calculated from the date when the decision on land acquisition compensation and resettlement is made.
If the land compensation fee and social security fund are not paid in full, the land owner and land use right holder shall not be required to vacate the land and house.
Article 22. If the land collectively owned by farmers needs to be expropriated for the development and construction of plots within the scope of urban construction land determined in the overall land use planning and approved by the people's governments at or above the provincial level, a plot land expropriation and development plan shall be prepared in accordance with the relevant provisions of the state and the province. After the development plan is approved according to law, land expropriation can be implemented in accordance with laws, administrative regulations and these measures.
Chapter III Compensation and Resettlement for Land Requisition
Twenty-third land compensation fees and resettlement subsidies for agricultural land expropriation shall be determined by the provincial people's government through the formulation and publication of comprehensive land prices. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.
The people's governments of cities and counties (cities, districts) divided into districts may, according to local conditions, formulate compensation standards for land acquisition in this region, but not lower than the comprehensive land price announced by the provincial people's government.
Twenty-fourth compensation standards for expropriation of land other than agricultural land, rural villagers' houses, other ground attachments and young crops. Formulated by the provincial people's government, adjusted or re-published at least once every three years. Expropriation of legally acquired collectively-operated construction land shall be in accordance with the requirements of the same land and the same rights, and the compensation standard shall be determined with reference to the land price assessment price.
Article 25 Where the expropriation of land involves rural villagers' houses, it shall, in accordance with the principle of compensation before relocation and improvement of living conditions, respect the wishes of rural villagers, and in combination with the current situation of local land use, give fair and reasonable compensation by rearranging the homestead to build houses, providing resettlement houses or monetary compensation, and compensate for the relocation, temporary resettlement and other expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights.
If the homestead is rearranged, monetary compensation shall be given to the house according to the replacement price, and the rearranged homestead area shall be implemented in accordance with the provisions of relevant laws and regulations. If the original homestead area determined according to law exceeds the rearranged homestead area, reasonable compensation shall be given to the exceeded homestead area.
To provide compensation for resettlement houses, the resettlement housing area shall not be less than the original housing area determined according to law, but shall not exceed the maximum resettlement area of each household. If the original housing area determined according to law exceeds the maximum resettlement area of households, reasonable monetary compensation will be given to the excess. The maximum resettlement area standard and specific resettlement compensation measures shall be formulated by the people's governments of cities and counties (cities, districts) with districts.
If monetary compensation is adopted, the homestead and rural villagers' houses shall be compensated in accordance with the provisions of Article 24 of these Measures.
Twenty-sixth rural villagers' houses to be expropriated shall be located within the scope of rural collective economic organizations to which the villagers belong. The site selection and resettlement area shall conform to the relevant provisions of the land and space planning and rural villagers' housing construction, and the people's governments of cities and counties (cities, districts) with districts shall organize the relevant procedures for the examination and approval of homesteads and bear the relevant expenses.
Twenty-seventh for the choice of homestead or resettlement housing, the transition period shall be agreed. During the transition period, if the land-expropriated farmers arrange their own temporary residences, the people's governments of cities and counties (cities, districts) with districts will pay temporary resettlement subsidies; Provide temporary housing turnover, do not pay temporary resettlement subsidies, but provide temporary housing turnover area shall not be less than the local per capita housing area, and in line with national quality and safety standards and related building facilities supporting requirements.
If the transition period is extended due to the responsibility of the local people's government, the land-expropriated farmers who arrange temporary accommodation by themselves shall pay the temporary resettlement subsidy according to the standard of not less than 1.5 times; In addition to continuing to provide revolving houses for landless farmers, temporary resettlement subsidies should also be paid separately.
Twenty-eighth can be transplanted into pieces of seedlings, flowers and other perennial economic plants, pay the transplant fee; If the transplant fee exceeds the plant price or cannot be transplanted, it shall be purchased at a fixed price. Plant prices and transplant costs can be determined by hiring a third-party professional evaluation agency.
Involving water conservancy, transportation, electric power, communication infrastructure and other ground attachments, relocation, reconstruction or payment of relocation fees, reconstruction fees, compensation fees, etc. Should be carried out in accordance with the principle of equivalent substitution.
If there are water sources, channels, culverts, pipelines, roads and other facilities closely related to economic construction and people's lives on the expropriated land, they shall not be blocked or damaged without authorization; If it is blocked or damaged, it shall timely repair or build corresponding engineering facilities; If losses are caused, compensation shall be made according to law.
The placement of graves on expropriated land shall be implemented by the people's governments of cities and counties (cities, districts) divided into districts in accordance with the provisions of relevant laws, regulations and rules.
Twenty-ninth people's governments at or above the county level shall establish a social security system for land-expropriated farmers, and incorporate land-expropriated farmers into the corresponding social security system such as old-age care according to the principle that whoever expropriates land is responsible and insurance comes first.
The social security expenses of land-expropriated farmers shall be fully arranged by the people's governments of cities and counties (cities, districts) divided into districts from the social security expenses and land transfer income pre-stored at the time of land acquisition and approval, which are mainly used for social insurance payment subsidies such as endowment insurance for land-expropriated farmers that meet the requirements, and shall be separately charged and earmarked. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by the provincial people's government.
Article 30 The people's governments at or above the county level shall establish an employment security system for land-expropriated farmers, include them in the scope of employment and unemployment registration and the public employment service system, and provide free labor skills training for land-expropriated farmers in accordance with relevant national and provincial regulations; Conditional to arrange certain public welfare jobs to support the employment of landless farmers.
Thirty-first people's governments at or above the county level shall establish a system of land reservation and resettlement, and reserve a certain proportion of construction land for the development of production and employment of rural collective economic organizations whose land has been expropriated according to local conditions.
The reserved construction land shall conform to the national spatial planning and be managed by the rural collective economic organizations whose land is expropriated. Enterprises can start, develop and build with their own funds, or lease or co-establish with other units and individuals in the form of land use rights and joint ventures. , but shall not be used for rural residential construction.
Rural collective economic organizations applying for the use of reserved land for construction shall go through the relevant examination and approval procedures according to law.
Thirty-second national and provincial key construction projects of land compensation standards can be formulated by the provincial people's government, but not lower than the comprehensive land price announced by the provincial people's government.
Land requisition compensation standards and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the relevant provisions of the State Council.
Thirty-third rural collective economic organizations shall, within 30 days from the date of receiving land compensation fees and resettlement subsidies, formulate distribution and use plans and pay no less than 80% of land compensation fees and all resettlement subsidies to landless farmers. The allocation and use of land compensation fees shall be fair and reasonable, and shall not harm the legitimate rights and interests of vulnerable groups such as women and children. The villagers' meeting of the members of the rural collective economic organization shall discuss and decide according to law, and report in writing to the township (town) people's government and the subdistrict office.
The details of the income and expenditure of land compensation fees shall be published in a timely manner within the scope of the township (town), street, village and villagers' group where the land is expropriated, and the time for publication shall not be less than 30 days.
Chapter IV Legal Liability
Thirty-fourth acts in violation of the provisions of these measures, laws and regulations have been punished, the provisions shall apply.
Thirty-fifth people's governments at all levels and relevant departments in violation of statutory authority or procedures for land acquisition and compensation and resettlement, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-sixth rural collective economic organizations, villagers' committees and villagers' groups who violate the provisions of Article 33 of these measures shall be punished according to law.
Chapter V Supplementary Provisions
Article 37 These Measures shall come into force as of June 6, 2022.