Question 2: Compensation and Resettlement for Land Expropriation and Demolition in Pukou District, Nanjing Measures for Land Compensation in Pukou District, Nanjing
Chapter I General Principles
Article 1 In order to strengthen the management of compensation and resettlement for land acquisition and demolition, ensure the smooth progress of construction and protect the legitimate rights and interests of the parties concerned, according to 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, the Regulations on Land Administration of Jiangsu Province, the Notice on Adjusting the Compensation Standard for Land Acquisition (Su [2003] 13 1No.) and the
Article 2 These Measures shall apply to the compensation and resettlement for land requisition and demolition within their respective administrative areas.
These Measures shall apply to the demolition of houses originally built on collective land on the remaining state-owned land, and the houses rebuilt or rebuilt on the original homestead according to law after the demolition, regardless of whether the demolished person receives the state-owned land use certificate and the house property right certificate.
Where there are other provisions on compensation and resettlement for land acquisition and demolition of major infrastructure projects such as railways, highways and water conservancy determined by the state and the province, those provisions shall prevail.
Article 3 The term "compensation and resettlement for land acquisition and demolition" as mentioned in these Measures refers to the act that the state turns the land collectively owned by farmers into state-owned land in accordance with the procedures and approval authority prescribed by law for the public interest and the needs of implementing the plan, and gives reasonable compensation and resettlement to the owners, users and other rights holders of land acquisition and demolition according to law.
Article 4 Pukou District Bureau of Land and Resources shall be responsible for the unified management of compensation for land acquisition and demolition within its jurisdiction. The land acquisition and demolition affairs institutions affiliated to the municipal and district land administrative departments shall specifically implement the compensation for land acquisition and demolition.
District labor and social security, construction (planning), planning, price, finance, supervision, public security, justice, civil affairs, rural economy and other departments and neighborhood offices (town people * * *), do a good job in related work according to their respective responsibilities.
The district land administrative department shall, jointly with the sub-district offices (town people * * *), establish the account of changes in the number of agricultural personnel and land and cultivated land in each village group, and do a good job in the statistical work of changes in the number of agricultural personnel and land and cultivated land in each village group.
Article 5 In case of land acquisition and demolition due to construction, the construction unit shall pay land compensation fees, young crops and attachments compensation fees, agricultural personnel resettlement subsidies, housing demolition compensation fees and other expenses in accordance with the regulations; Compensation for land acquisition and demolition must be paid in full and on time without delay; The compensation fees for land acquisition and demolition mastered and used by rural collective economic organizations shall be made public financially, earmarked for special purposes, and shall not be used for other purposes, and the income and expenditure shall be announced to the collective members.
The standard of resettlement subsidies and living allowances for agricultural personnel mentioned in the preceding paragraph shall be determined in two levels according to the administrative scope:
(1) The first level is the administrative areas of Taishan Street, Dingshan Street, Jiang Yan Street and Pancheng Town.
(2) The second level is the administrative regions of Zhujiang Town, Qiao Lin Town, tangquan town, Xingdian Town, stonebridge, yongningzhen and wujiang town.
Article 6 * * Establish a basic living security system for landless agricultural personnel, and the specific measures shall be formulated separately.
Chapter II Compensation Management for Land Requisition and Demolition
Article 7 The District Bureau of Land and Resources shall, within 10 working days after receiving the approval document of the land acquisition plan, make an announcement in the name of * * in the land-expropriated streets (towns) and villages.
The owners, users and other rights holders of the expropriated land shall, within the time limit stipulated in the announcement, handle the registration of land acquisition compensation and resettlement with relevant certification materials to the departments or units designated by the announcement.
If the owner, user right and other right holders of the expropriated land fail to register for land acquisition compensation and resettlement as scheduled, the compensation shall be subject to the investigation results of the district land administrative department.
District land administrative departments shall, according to the land requisition compensation and resettlement policy, the approved land requisition plan and the land requisition compensation and resettlement registration, draw up the land requisition compensation and resettlement plan, and make an announcement in the street (town) and village where the expropriated land is located for a period of not less than 7 days.
Eighth in accordance with the land acquisition plan and land acquisition compensation and resettlement plan for compensation and resettlement disputes, by the District People's government to coordinate and solve; If the coordination fails, it shall be decided by the municipal people.
Disputes over compensation and resettlement standards shall be settled by district people through coordination; If the coordination fails, it shall be decided by the person who approves the requisition of land.
The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan. The owners, users and other rights holders of land acquisition and demolition must obey the needs of construction and relocate the land within the prescribed time limit, and shall not obstruct it.
Article 9 The compensation and resettlement expenses for land acquisition shall be paid from the land acquisition funds ..... >>
Question 3: Can female farmers in Nanjing retire at the age of 50 after land acquisition? Farmers and women whose land has been expropriated can only go through retirement formalities at the age of 55, but they can't go through retirement formalities at the age of 50.
Question 4: You have downloaded the relevant documents of the compensation standard for land expropriation in Jiangning District of Nanjing. Once you know the specific standard, you don't have to talk about it. Two questions about you: first, the compensation standard for expropriation of land: expropriation of collective land, division of different regions according to different regions, and different compensation prices in different regions; Second: the benchmark per capita land refers to the per capita land quantity.
I wonder if I made myself clear. If you don't understand, you can call 1865 1887088.
Question 5: Does the new labor law stipulate whether the payment in lieu of notice and wages are the same? Different meaning.
Payment in lieu of notice means that the unit replaces the notice 30 days in advance. In other words, the original unit should notify the employee in writing to terminate the labor contract 30 days in advance, but the unit can pay one month's salary instead of 30 days in advance. And wage compensation or economic compensation is another matter, another calculation.
Question 6: Compensation and Resettlement Measures for Land Requisition and Demolition in Pukou District of Nanjing
Chapter I General Principles
Article 1 In order to strengthen the management of compensation and resettlement for land acquisition and demolition, ensure the smooth progress of construction and protect the legitimate rights and interests of the parties concerned, according to 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, the Regulations on Land Administration of Jiangsu Province, the Notice on Adjusting the Compensation Standard for Land Acquisition (Su [2003] 13 1No.) and the
Article 2 These Measures shall apply to the compensation and resettlement for land requisition and demolition within their respective administrative areas.
These Measures shall apply to the demolition of houses originally built on collective land on the remaining state-owned land, and the houses rebuilt or rebuilt on the original homestead according to law after the demolition, regardless of whether the demolished person receives the state-owned land use certificate and the house property right certificate.
Where there are other provisions on compensation and resettlement for land acquisition and demolition of major infrastructure projects such as railways, highways and water conservancy determined by the state and the province, those provisions shall prevail.
Article 3 The term "compensation and resettlement for land acquisition and demolition" as mentioned in these Measures refers to the act that the state turns the land collectively owned by farmers into state-owned land in accordance with the procedures and approval authority prescribed by law for the public interest and the needs of implementing the plan, and gives reasonable compensation and resettlement to the owners, users and other rights holders of land acquisition and demolition according to law.
Article 4 Pukou District Bureau of Land and Resources shall be responsible for the unified management of compensation for land acquisition and demolition within its jurisdiction. The land acquisition and demolition affairs institutions affiliated to the municipal and district land administrative departments shall specifically implement the compensation for land acquisition and demolition.
District labor and social security, construction (planning), planning, price, finance, supervision, public security, justice, civil affairs, rural economy and other departments and neighborhood offices (town people * * *), do a good job in related work according to their respective responsibilities.
The district land administrative department shall, jointly with the sub-district offices (town people * * *), establish the account of changes in the number of agricultural personnel and land and cultivated land in each village group, and do a good job in the statistical work of changes in the number of agricultural personnel and land and cultivated land in each village group.
Article 5 In case of land acquisition and demolition due to construction, the construction unit shall pay land compensation fees, young crops and attachments compensation fees, agricultural personnel resettlement subsidies, housing demolition compensation fees and other expenses in accordance with the regulations; Compensation for land acquisition and demolition must be paid in full and on time without delay; The compensation fees for land acquisition and demolition mastered and used by rural collective economic organizations shall be made public financially, earmarked for special purposes, and shall not be used for other purposes, and the income and expenditure shall be announced to the collective members.
The standard of resettlement subsidies and living allowances for agricultural personnel mentioned in the preceding paragraph shall be determined in two levels according to the administrative scope:
(1) The first level is the administrative areas of Taishan Street, Dingshan Street, Jiang Yan Street and Pancheng Town.
(2) The second level is the administrative regions of Zhujiang Town, Qiao Lin Town, tangquan town, Xingdian Town, stonebridge, yongningzhen and wujiang town.
Article 6 * * Establish a basic living security system for landless agricultural personnel, and the specific measures shall be formulated separately.
Chapter II Compensation Management for Land Requisition and Demolition
Article 7 The District Bureau of Land and Resources shall, within 10 working days after receiving the approval document of the land acquisition plan, make an announcement in the name of * * in the land-expropriated streets (towns) and villages.
The owners, users and other rights holders of the expropriated land shall, within the time limit stipulated in the announcement, handle the registration of land acquisition compensation and resettlement with relevant certification materials to the departments or units designated by the announcement.
If the owner, user right and other right holders of the expropriated land fail to register for land acquisition compensation and resettlement as scheduled, the compensation shall be subject to the investigation results of the district land administrative department.
District land administrative departments shall, according to the land requisition compensation and resettlement policy, the approved land requisition plan and the land requisition compensation and resettlement registration, draw up the land requisition compensation and resettlement plan, and make an announcement in the street (town) and village where the expropriated land is located for a period of not less than 7 days.
Eighth in accordance with the land acquisition plan and land acquisition compensation and resettlement plan for compensation and resettlement disputes, by the District People's government to coordinate and solve; If the coordination fails, it shall be decided by the municipal people.
Disputes over compensation and resettlement standards shall be settled by district people through coordination; If the coordination fails, it shall be decided by the person who approves the requisition of land.
The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan. The owners, users and other rights holders of land acquisition and demolition must obey the needs of construction and relocate the land within the prescribed time limit, and shall not obstruct it.
Article 9 The compensation and resettlement expenses for land acquisition shall be paid from the land acquisition funds ..... >>
Question 7: Does anyone know that Nanjing has been resettled by land-expropriated agricultural personnel? Measures of Nanjing Pukou District for Compensation and Resettlement of Land Requisition and Demolition
Chapter I General Principles
Article 1 In order to strengthen the management of compensation and resettlement for land acquisition and demolition, ensure the smooth progress of construction and protect the legitimate rights and interests of the parties concerned, according to 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, the Regulations on Land Administration of Jiangsu Province, the Notice on Adjusting the Compensation Standard for Land Acquisition (Su [2003] 13 1No.) and the
Article 2 These Measures shall apply to the compensation and resettlement for land requisition and demolition within their respective administrative areas.
These Measures shall apply to the demolition of houses originally built on collective land on the remaining state-owned land, and the houses rebuilt or rebuilt on the original homestead according to law after the demolition, regardless of whether the demolished person receives the state-owned land use certificate and the house property right certificate.
Where there are other provisions on compensation and resettlement for land acquisition and demolition of major infrastructure projects such as railways, highways and water conservancy determined by the state and the province, those provisions shall prevail.
Article 3 The term "compensation and resettlement for land acquisition and demolition" as mentioned in these Measures refers to the act that the state turns the land collectively owned by farmers into state-owned land in accordance with the procedures and approval authority prescribed by law for the public interest and the needs of implementing the plan, and gives reasonable compensation and resettlement to the owners, users and other rights holders of land acquisition and demolition according to law.
Article 4 Pukou District Bureau of Land and Resources shall be responsible for the unified management of compensation for land acquisition and demolition within its jurisdiction. The land acquisition and demolition affairs institutions affiliated to the municipal and district land administrative departments shall specifically implement the compensation for land acquisition and demolition.
District labor and social security, construction (planning), planning, price, finance, supervision, public security, justice, civil affairs, rural economy and other departments and neighborhood offices (town people * * *), do a good job in related work according to their respective responsibilities.
The district land administrative department shall, jointly with the sub-district offices (town people * * *), establish the account of changes in the number of agricultural personnel and land and cultivated land in each village group, and do a good job in the statistical work of changes in the number of agricultural personnel and land and cultivated land in each village group.
Article 5 In case of land acquisition and demolition due to construction, the construction unit shall pay land compensation fees, young crops and attachments compensation fees, agricultural personnel resettlement subsidies, housing demolition compensation fees and other expenses in accordance with the regulations; Compensation for land acquisition and demolition must be paid in full and on time without delay; The compensation fees for land acquisition and demolition mastered and used by rural collective economic organizations shall be made public financially, earmarked for special purposes, and shall not be used for other purposes, and the income and expenditure shall be announced to the collective members.
The standard of resettlement subsidies and living allowances for agricultural personnel mentioned in the preceding paragraph shall be determined in two levels according to the administrative scope:
(1) The first level is the administrative areas of Taishan Street, Dingshan Street, Jiang Yan Street and Pancheng Town.
(2) The second level is the administrative regions of Zhujiang Town, Qiao Lin Town, tangquan town, Xingdian Town, stonebridge, yongningzhen and wujiang town.
Article 6 * * Establish a basic living security system for landless agricultural personnel, and the specific measures shall be formulated separately.
Chapter II Compensation Management for Land Requisition and Demolition
Article 7 The District Bureau of Land and Resources shall, within 10 working days after receiving the approval document of the land acquisition plan, make an announcement in the name of * * in the land-expropriated streets (towns) and villages.
The owners, users and other rights holders of the expropriated land shall, within the time limit stipulated in the announcement, handle the registration of land acquisition compensation and resettlement with relevant certification materials to the departments or units designated by the announcement.
If the owner, user right and other right holders of the expropriated land fail to register the land requisition compensation and resettlement as scheduled, the compensation shall be subject to the investigation results of the district land administrative department.
District land administrative departments shall, according to the land requisition compensation and resettlement policy, the approved land requisition plan and the land requisition compensation and resettlement registration, draw up the land requisition compensation and resettlement plan, and make an announcement in the street (town) and village where the expropriated land is located for a period of not less than 7 days.
Eighth in accordance with the land acquisition plan and land acquisition compensation and resettlement plan for compensation and resettlement disputes, by the District People's government to coordinate and solve; If the coordination fails, it shall be decided by the municipal people.
Disputes over compensation and resettlement standards shall be settled by district people through coordination; If the coordination fails, it shall be decided by the person who approves the requisition of land.
The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan. The owners, users and other rights holders of land acquisition and demolition must obey the needs of construction and relocate the land within the prescribed time limit, and shall not obstruct it.
Ninth land acquisition compensation and resettlement fees shall be paid in full within three months from the date of the announcement of the land acquisition compensation and resettlement plan.
Before the land requisition compensation and resettlement fees are paid in full, the rural collective whose land has been expropriated shall ..... >>
Question 8: Chapter 1 General Provisions of Nanjing Municipality's Measures for Compensation for Demolition
Article 1 In order to strengthen the management of house demolition by land requisition, ensure the smooth progress of construction and protect the legitimate rights and interests of the parties concerned, it is implemented 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, the Regulations on Land Administration of Jiangsu Province and other relevant laws, regulations and provisions, combined with the Measures of Nanjing Municipality on Compensation and Resettlement for Land Expropriation and Demolition (Ningfa [2004] No.93).
Article 2 These Measures shall apply to the compensation and resettlement for house demolition in Xuanwu District, baixia district, Qinhuai District, jianye district, Gulou District, Xiaguan District, Yuhuatai District and Qixia District (hereinafter referred to as "Eight Districts in the South of the Yangtze River").
These Measures shall apply to the demolition of houses originally built on collective land on the remaining state-owned land, and the houses rebuilt or rebuilt on the original homestead according to law after the demolition, regardless of whether the demolished person receives the state-owned land use certificate and the house property right certificate.
Temporary use of land involving the demolition of farmers' houses shall be carried out in accordance with the provisions of these measures.
Article 3 The term "compensation and resettlement for house demolition due to land acquisition" as mentioned in these Measures refers to the act that the state turns the land collectively owned by farmers into state-owned land for the public interest and the need of implementing the planning, and carries out house demolition due to land acquisition, and gives reasonable compensation and resettlement to the demolished people according to law.
Article 4 The term "house demolition by land requisition" as mentioned in these Measures includes residential house demolition and non-residential house demolition. The demolition of residential houses includes the demolition of residential houses and the demolition of affiliated houses and houses. Non-residential house demolition includes operating house demolition and non-operating house demolition, as well as the demolition of affiliated houses and houses.
Fifth housing demolition compensation and resettlement methods are divided into monetary compensation and unified demolition and construction. The demolition of residential housing monetary compensation, the demolition can buy resettlement housing, property rights exchange. People who have been taken to give up the purchase of resettlement houses and have been notarized can get monetary compensation; Residential housing demolition does not have the conditions to implement monetary compensation, the implementation of unified demolition and construction.
Sixth demolition resettlement housing in principle by the district in accordance with the principle of "relative proximity", according to the overall urban planning, land use planning and urban construction planning, construction, supply and management; If cross-regional construction is really necessary due to planning, land and other reasons, it must be reported to the city for approval. Relocation and resettlement houses enjoy affordable housing policy. The specific measures for the construction, supply and management of resettlement houses shall be formulated separately by the municipal housing management department.
Seventh demolition and resettlement housing to implement the benchmark price range system. The benchmark price range shall be formulated and published in a timely manner by the Municipal Price Bureau in conjunction with the Municipal Bureau of Land and Resources with reference to the pricing system of affordable housing according to the actual situation in different regions.
The benchmark price of the specific demolition and resettlement housing project supply is determined by the district where the project is located within the benchmark price range of the demolition and resettlement housing announced in the preceding paragraph, and reported to the Municipal Price Bureau and the Municipal Bureau of Land and Resources for the record; If it is really necessary to exceed the benchmark price range of demolition and resettlement houses announced in the preceding paragraph, it must be approved by the Municipal Price Bureau and the Municipal Bureau of Land and Resources after the preliminary examination.
Before the implementation of the specific demolition project, the district * * * is responsible for publishing the benchmark price of the project demolition and resettlement housing to the demolished people in a timely manner.
Article 8 Nanjing Municipal Bureau of Land and Resources is the administrative department in charge of compensation and resettlement of land-expropriated houses in this Municipality, and shall supervise and manage the compensation and resettlement of land-expropriated houses in this Municipality.
This content is more .. the relevant regulations are also more complicated. Express and some TV stations can consult and have lawyers answer.
Question 9: What is the national compensation standard for land expropriation? What is the basis for compensation? How to compensate? First, the question 1. It is unscientific and unreasonable to use the average annual output value of land as the standard for calculating land compensation, which violates the requirement of determining compensation amount by market value. According to the provisions of Article 47 of China's current Land Management Law, if land is expropriated, compensation shall be given according to the original use of the expropriated land. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Resettlement subsidy is calculated according to the amount of cultivated land expropriated divided by the average amount of cultivated land occupied by each expropriated unit before land expropriation. Judging from the provisions of the current land management law in China, the basis for calculating land acquisition compensation is the annual output value of agricultural land. As we all know, the annual output value is a function of crop yield and price, and its level is influenced by agricultural production conditions and socio-economic conditions in the region, and has nothing to do with land price factors such as land acquisition location. [2] Moreover, the prices of agricultural products have been declining in recent years, and the compensation standard calculated according to the statutory standards can not solve the long-term livelihood of landless farmers at all. Theoretically speaking, the determination of land compensation fee is closely related to the location of land acquisition, regional economic development and regional infrastructure conditions, but not to the annual output value of land. Generally speaking, the current statutory compensation standard for land expropriation is divorced from the land market price, which seriously damages the rights and interests of farmers. 2. The compensation standard for the ground attachments and young crops fees is stipulated by * * *, which causes low compensation and greatly damages the interests of the expropriated person. According to Article 47 of China's current Land Management Law, the compensation standards for ground attachments and young crops fees shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Compensation according to the prescribed standards often leads to insufficient compensation, which greatly damages the interests of the land-expropriated people. Judging from the current actual situation in China, either the people in some provinces, autonomous regions and municipalities directly under the Central Government have not stipulated the compensation standards for ground attachments and young crops fees at all, but have authorized the people in cities and counties to do so themselves; Either although the compensation standard is stipulated, it is often not revised for a long time, which is quite different from the actual value of the above-ground attachments and young crop fees. For example, during the demolition of landless peasants organized by * * * in Luolong District, Luoyang City in 2005, according to Luoyang * * 7 1 document (1997), that is, the compensation standard for ground attachments on construction land in Luoyang City, the actual value of brick-concrete structure houses is still 10. As we all know, in the compensation system for house demolition in China, the starting point is also based on the standards stipulated by * * * *. For this unreasonable compensation system, the Regulations on the Administration of Urban House Demolition revised in 200 1 clearly states that the amount of monetary compensation should be determined according to the location, use, construction area and other factors of the house to be demolished, and at the appraised price of the real estate market. No matter how the above provisions are implemented in practice, this clause has at least realized the return of compensation standards to market value from the institutional level. Similarly, farmers' houses are valuable, and the fairest way to measure their value is the market. The standards set by any organ are fairer and more acceptable than the values determined by the market. 3. The legal compensation standard is low, which is quite different from the actual land value. The benefits that the expropriated person should enjoy are forcibly turned over to the public. Collective land is the collective property of farmers, and its price is the market price of land ownership under the condition of market economy. Fair and reasonable compensation for land expropriation should be based on the principle of equivalent exchange, and farmers should be compensated in full according to market value. The market price includes not only the value of the land itself, but also the appreciation of the land. In practice, when * * * expropriates land from farmers, it pays land compensation and resettlement subsidies according to agricultural income, but when it is auctioned to the society, it is sold at the market price of land, and the value added reaches dozens or even hundreds of times, forming a huge price gap. Rural collective land owners do not share the value-added after land transfer. As for the reasons, some scholars believe that the market price of collective land consists of two parts: one is the "shadow price" formed by the capitalization of the average net income of agricultural land in the first three years, that is, "the value of the land itself"; Second, the "natural appreciation" after "urbanization", the state should compensate "the value of the land itself", and the natural appreciation part should be turned over to the public. [3] Natural appreciation of land is a term used by early economists (John Mill and henry george). After the appearance of the externality theory initiated by Marshall's economic principles, it is believed that this is caused by the externality of economic activities ...
Question 10: The land requisition for demolition in Nanjing will not be paid, and the whole payment is required before 20 10. If there is no medical insurance and I need medical insurance, I will continue to pay it myself. unmerciful/ruthless