The detailed rules for the implementation of land requisition compensation in Suqian City have been deliberated and adopted by the thirty-three executive meeting of the third session of the municipal government, and are hereby issued.
20 1 1 August 30th, 2008
Detailed rules for the implementation of land requisition compensation in Suqian City
Article 1 In order to effectively strengthen the management of land acquisition compensation and protect the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, in accordance with the Regulations of Jiangsu Province on Land Management, Measures for Land Acquisition Compensation and Basic Living Security of Land-expropriated Farmers in Jiangsu Province (Order No.26 of Jiangsu Provincial People's Government) and Notice of the Provincial Government on Adjusting Land Acquisition Compensation Standards (Su [201KLOC-0/] No.40).
Article 2 The term "compensation for land expropriation" as mentioned in these Detailed Rules refers to the act of the state to compensate the land-expropriated farmers and rural collective economic organizations according to law after the land collectively owned by farmers is expropriated.
The term "landless peasants" as mentioned in these Detailed Rules refers to the people who need to be resettled from the members of the collective economic organization after the land collectively owned by peasants is expropriated.
Article 3 These Rules shall apply to the compensation for land expropriation within the administrative area of this Municipality.
In principle, the compensation standards for land acquisition for key projects at or above the national level shall be implemented in this Municipality. If the national or provincial standards are higher than those of our city, the national or provincial standards shall be implemented.
Article 4 Within the administrative area of this Municipality, the people's governments of cities and counties (districts) shall be responsible for land requisition compensation.
If the administrative division belongs to Sucheng District, the compensation standards for land acquisition in three types of areas shall be implemented; Shuyang County, Siyang County, Sihong County and administrative divisions belong to suyu district, and the compensation standard for land acquisition in the four districts shall be implemented.
Fifth land acquisition compensation and resettlement subsidies, including land compensation, resettlement subsidies, ground attachments and young crops compensation.
The standards of land compensation fees and resettlement subsidies are determined according to three categories: agricultural land, construction land and unused land.
Article 6 The minimum standard of land compensation fees shall be implemented in accordance with the following provisions:
(1) Expropriation of agricultural land shall be calculated at18,000 yuan/mu for the third district and16,000 yuan/mu for the fourth district.
(two) the expropriation of construction land shall be calculated according to the land compensation fee for the expropriation of agricultural land.
(three) the collection of unused land, according to the collection of agricultural land compensation fee of 0.5 times.
Seventh minimum resettlement subsidy standards in accordance with the following provisions:
(a) agricultural land resettlement subsidies are calculated according to the number of landless farmers who need to be resettled. The number of land-expropriated farmers who need to be resettled shall be calculated according to the number of agricultural land expropriated before land expropriation divided by the number of agricultural land per capita occupied by the land-expropriated rural collective economic organizations. The resettlement subsidy standard for each landless farmer who needs resettlement is10.7 million yuan in the third-class area and10.4 million yuan in the fourth-class area.
If the per capita agricultural land exceeds 1 mu, it shall be calculated as 1 mu; If the per capita agricultural land is less than 0. 1 mu, it shall be calculated as 0. 1 mu.
(two) the expropriation of construction land and unused land, do not pay resettlement subsidies.
(three) the land that has been requisitioned before is not included in the calculation of per capita agricultural land before land acquisition; During this land acquisition period, the land-expropriated farmers who have been given resettlement compensation are no longer included in the number of land-expropriated farmers.
Eighth young crops and ground attachments compensation according to the following provisions:
(a) compensation for young crops is generally calculated according to the output value of crops in one season, and those that can be harvested as scheduled will not be compensated. The specific compensation standards shall be implemented according to the standards of 900 yuan per mu in the three types of areas and 800 yuan per mu in the four types of areas.
(2) transplanting seedlings, flowers, trees, etc. , pay the transplant fee; If it cannot be transplanted, it shall be given reasonable compensation. See Annex 1, Annex 2 and Annex 3 for specific compensation standards; See Annex 4 for compensation fees for other ground attachments.
(three) attachments such as farmland water conservancy facilities, electric power, broadcasting and communication facilities. The relocation fee or compensation fee shall be paid in accordance with the principle of equivalent substitution. Farmers' self-raised roads, bridges, culverts, pipe networks and other facilities have been included in the rating and comprehensive evaluation of the demolished houses in the village, and no compensation will be made; Outside the village, compensation shall be given according to the actual situation.
(four) housing and other buildings (structures) of the demolition compensation and resettlement according to the relevant provisions of the city and county.
(5) The young crops, other attachments, houses and other buildings (structures) planted after the investigation of land requisition will not be compensated, and will be demolished by the owners themselves.
Ninth construction occupation of state-owned nursery land, with reference to the implementation details of the corresponding land compensation standards for compensation.
Article 10 The land administrative departments of the municipal and county people's governments shall, within 3 months from the date of approval of the land acquisition compensation and resettlement scheme, transfer the land acquisition compensation and resettlement expenses to the special account of the financial department, and the financial department shall pay the land acquisition compensation and resettlement expenses of the landless farmers who choose monetary resettlement to individuals in a timely and full manner according to regulations; Not less than 70% of agricultural land compensation fees and all resettlement subsidies for landless farmers who choose to participate in land for social security will be included in the financial accounts of social security funds for landless farmers set up by the financial departments at the same level in the bank; Compensation for ground attachments and young crops shall be paid directly to individuals by the financial department; Pay surplus land compensation fees and resettlement subsidies to rural collective economic organizations.
Rural collective economic organizations and their members have the right to refuse to pay the land expropriation compensation and resettlement fees if they are not fully paid; Land acquisition compensation and resettlement subsidies in full, the landless rural collective economic organizations and their members shall not delay the delivery of land.
Article 11 Land compensation fees and resettlement subsidies paid to rural collective economic organizations shall be included in the special fund accounts of village collective economic organizations and managed by the township rural economic service centers. They must be used to solve the livelihood problems of landless farmers left over from history, and used by rural collective economic organizations to develop production and public welfare undertakings, and shall not be used for other purposes.
Article 12 The agricultural land area of rural collective economic organizations shall be based on the survey data of 2065438+65438 February 00+3 1 land change of county and district land administrative departments. Based on the population who participated in the second round of rural land contract, the number of landless farmers was determined and the database of rural collective economic organizations members was established.
The governments (administrative committees) of counties (development zones, parks and new towns) may, when establishing per capita agricultural land accounts of rural collective economic organizations, appropriately adjust the relevant bases of per capita agricultural land accounts of rural collective economic organizations in light of local conditions, and establish per capita agricultural land accounts suitable for local conditions.
Thirteenth national staff dereliction of duty, abuse of power, corruption in the land acquisition compensation work, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Those who practise fraud by land acquisition units or relevant departments, fail to pay compensation and resettlement fees as required, or embezzle, occupy, intercept or divert them for other purposes will be severely dealt with according to law. Impersonator, interception, misappropriation of land acquisition compensation and resettlement fees, by the land administrative departments of the people's governments at or above the county level shall be ordered to make corrections, and the administrative responsibility of the person in charge and other directly responsible personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Obstruct, destroy the land acquisition work, hinder the staff from performing official duties according to law, and be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 14 These Rules shall come into force as of the date of promulgation. Counties can be combined with the actual situation, with reference to the detailed rules for the implementation of the specific implementation plan.
Fifteenth the implementation details of the compensation and resettlement standards will be adjusted according to the relevant provisions of the provincial government.
Attachment: 1 Compensation standard for transplanting and cutting down economic trees
2 sporadic trees and woody flowers and trees compensation standard
3. Forest compensation standard
4. Compensation standard for other appendages