Wufa [2005] No.55
Notice on printing and distributing the compensation and resettlement measures for land acquisition and demolition in Wujin District of Changzhou City
Township People's Government, Development Zone Management Committee, district offices (companies) and units directly under the district:
The "Measures for Compensation and Resettlement for Land Acquisition and Demolition in Wujin District of Changzhou City" has been discussed and passed by the district government executive meeting, and is hereby issued to you, please implement it carefully. May 30, 2005
Measures for compensation and resettlement of land-expropriated houses in Wujin District, Changzhou City
Chapter I General Principles
Article 1 In order to standardize the compensation for house demolition, compensation for ancillary facilities and unified resettlement in the process of land acquisition in our region, safeguard the legitimate rights and interests of rural collective economic organizations, land-expropriated residents and land-using units, and ensure the smooth progress of various construction undertakings in our region, 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 and other laws and regulations and the Administrative Measures for the Demolition and Resettlement of Land-expropriated Houses in Changzhou (Chang [2004]
Article 2 The term "compensation" as mentioned in these Measures refers to the compensation for house demolition and ancillary facilities on the expropriated (reclaimed) land; The term "unified resettlement" as mentioned in these Measures refers to the unified resettlement of land acquisition and demolition people in the form of apartments.
The third district land administrative department is the competent department of land acquisition and demolition in this district, and supervises and manages the land acquisition and demolition work in this district.
Towns (development zones) and district planning, construction, labor, price, auditing, finance, public security, industry and commerce, justice and other departments should cooperate with each other according to their respective responsibilities to ensure the smooth progress of land acquisition and demolition.
Fourth land acquisition and demolition shall be in accordance with the provisions of these measures, compensation and resettlement for land acquisition and demolition; The person whose land is requisitioned and removed shall relocate the land within the prescribed time limit, and shall not obstruct or hinder the implementation of land requisition and removal.
Article 5 The person whose land is expropriated and removed shall, in accordance with the provisions of these Measures, sign the relocation compensation and resettlement agreement on matters such as compensation method, compensation amount, location and area of resettlement house, relocation period, relocation transition mode and transition period.
Article 6 Purpose of the house: the purpose stated in the land and house ownership registration certificate shall prevail; If the purpose is not specified in the ownership certificate, the purpose recorded in the ownership file shall prevail; If the ownership registration is not handled, the use specified in the construction procedures approved by the land management department shall prevail.
Housing area: subject to the construction area specified in the land and housing ownership registration certificate; If the construction area specified in the ownership certificate is inconsistent with the actual area, the land management department shall confirm it in conjunction with the town and village where it is located, and then send it to the evaluation agency for evaluation.
Seventh in the demolition of illegal buildings and temporary buildings over the approved period, no compensation and resettlement; Demolition of temporary buildings that do not exceed the approved period, and no resettlement, should be combined with the replacement price according to the service life of temporary buildings to give appropriate compensation; Temporary buildings that have been unconditionally demolished when urban construction needs are stated in the approval procedures, and no compensation will be given.
Chapter II Compensation and Resettlement for Demolition of Residential Houses
Eighth demolition of residential houses in urban planning areas, should adopt the form of unified resettlement or monetary resettlement; Outside the urban planning area, unified resettlement, unified reconstruction, self-demolition and self-construction and monetization resettlement can be adopted.
Article 9 The house demolition shall be compensated according to the replacement price of the house to be demolished, and the replacement price shall be determined by a qualified appraisal institution after evaluation according to the replacement price standard of the house, the structure of the house, the service life, the comparison table of annual depreciation rate and the comparison table of the newly built house (see Annex 1 and Annex 2).
Article 10 If unified resettlement is adopted, the calculation formula of the compensation amount for house demolition is: the demolished house is replaced with a new price × building area×110%.
In the case of unified construction and self-demolition, the calculation formula of the compensation amount for house demolition is: the demolished house is replaced with a new price × building area × 100%.
Article 11 If the land requisition and relocation involves the compensation for the ancillary facilities (including decoration) of the house, it shall be registered and determined according to the compensation standards for the decoration and ancillary facilities of the house for land requisition and relocation after being evaluated by a qualified evaluation agency. The specific standards are attached (see Annex 3). For unqualified decoration and inferior material decoration, the evaluation agency strictly controls the compensation standard and discusses the price according to the quality.
Land acquisition and demolition involves the relocation losses of individual industrial and commercial households, family workshops, looms and other mechanical equipment, and appropriate compensation is given according to regulations.
Twelfth land acquisition housing demolition resettlement object is:
(a) the permanent residents whose household registration is within the scope of demolition, who hold the house ownership certificate, enjoy the rights and undertake the obligations within the rural collective economic organizations within the scope of demolition, and the personnel who meet the conditions for the examination and approval of rural homestead;
(2) Servicemen with original permanent residence (including conscripts and volunteers who have not settled in different places) and their spouses. Active-duty officers whose original household registration is within the scope of demolition can be placed if they have the house ownership certificate and their spouses' household registration is within the scope of demolition; If the spouse has been with the army, it shall be calculated according to the population taken care of by two people;
(3) Among the family members of the house of the land expropriated person, there are college students who have the original permanent residence or are unemployed at home after graduation and live in the demolished house for a long time (including the period to be allocated after graduation);
(four) among the family members of the house of the person whose land is demolished, the account is in the work unit in this area, and there is no housing in other places, and I actually live in the house being demolished. Actual residence refers to continuous residence within the scope of land acquisition for more than three years (including three years) before the announcement of land acquisition and demolition;
(five) land acquisition and demolition couples, one spouse in the scope of demolition and household registration in the field;
(six) the family members of the houses demolished by land acquisition, who were born, married, retired and transferred to other jobs after the announcement of land acquisition and demolition, have declared their household registration;
(seven) the location of the original permanent residence, is reeducation through labor or serving a sentence;
(8) In the 1960s, due to the reform of the household registration system, the decentralization of educated youth and the decentralization of old residents, the policies of on-site urbanization, land acquisition and overall relocation were implemented, and those who actually lived in the demolished houses in the pilot construction of small towns;
(9) Family members who have daughters married, whose registered residence is within the scope of demolition, and who participate in the distribution of rural collective economic organizations within the scope of demolition can be listed as resettlement population, but they shall not be resettled repeatedly.
Thirteenth land acquisition housing demolition and resettlement care object is:
(1) Among the resettlement population, the eligible young people (unmarried people who have reached the legal age of marriage, men are 22 years old and women are 20 years old) and the only child (unmarried) care 1 person. Those who meet the above two conditions at the same time can only be calculated by taking care of one population; Older young people who have unplanned births will not increase their care for the population; During the transition period, one more person will be taken care of by older youth; During the transition period, if you reach the age of youth and get married, you will be placed with one more person;
(two) the ancestral home in the scope of demolition, there are housing ownership certificates, but no one to live in the empty households, can be calculated according to the care of two people. If the actual area of the house to be demolished is less than 80 square meters, the actual area shall be executed at the cost price, and the part exceeding the actual area shall be executed at the market price. Land acquisition and demolition can only buy a house, and may not receive monetary resettlement subsidies;
(three) married people who have not yet given birth to land acquisition and demolition can have one more child to take care of under the normal placement of husband and wife. For example, babies born during the transition period are included in the resettlement population, and those who extend the transition period due to their own reasons when there is a resettlement house do not enjoy the above treatment;
(4) If the person who has been demolished by land acquisition is single (widowed, widowed, lonely and alone) and can only be placed alone, one person can be taken care of on the basis of normal placement;
(five) approved by the relevant departments or units, in the demolition of residential arrangements, or through the purchase of housing within the scope of demolition, and there is no residential households in other places, their permanent family members can be listed as caring for the population. However, the maximum care area shall not exceed the original residential construction area, and the excess part shall be implemented at the market price.
Fourteenth people who are not included in the resettlement or care object in the demolition and resettlement of land-expropriated houses are:
(1) Renting or borrowing houses within the scope of demolition;
(two) due to kindergarten, school and other reasons, the permanent residence was reported in the scope of demolition;
(3) Persons who have enjoyed state housing subsidies;
(4) Married daughters of family members of land-expropriated residents (except those whose husbands have settled in the woman's house), although their household registration is within the scope of demolition, do not participate in the distribution of rural collective economic organizations within the scope of demolition;
(five) after remarriage, although the account has not moved out of the scope of demolition, but actually live with the man;
(six) although the household registration is within the scope of demolition, it does not enjoy the rights and obligations of rural collective economic organizations;
(seven) there is another homestead in other places;
(eight) from the date of the announcement of the demolition to the date of the formal signing of the demolition compensation and resettlement agreement, the demolition person died;
(nine) regardless of whether the account is within the scope of demolition, the property within the scope of demolition has been transferred or donated to others;
(ten) in this area has been implemented in accordance with the provisions of the demolition and resettlement personnel, demolition of other houses, no longer be placed, the demolition of houses in accordance with the provisions of compensation.
Fifteenth in accordance with the provisions of Article twelfth and Article thirteenth of these measures, all the main houses of the land-expropriated residents shall be resettled; After the demolition of some main houses, if the homestead area of the remaining main houses reaches the homestead area standard, it will not be resettled; After the demolition of some main houses, the homestead area of the remaining main houses is not up to the standard of homestead area, and it will be placed in proportion; Only the auxiliary rooms are demolished, not the main rooms. If some houses are demolished due to the demolition of linear projects such as roads and rivers, all houses shall be demolished in principle.
In the urban planning area, if pre-resettlement is needed, after I submit a written application, the group, village and town (development zone) will sign opinions, and after being audited by the district land management department and reported to the district government for approval, the demolition compensation and resettlement agreement will be signed, and the old house will be resettled in the resettlement community determined by the district planning department.
Article 16 The construction area of resettlement houses for land-expropriated residents shall be 40 square meters per person according to the number of people who are included in the resettlement population and take care of the population; The layout of resettlement houses is determined according to the principle that the sum of resettlement area and nursing area is closest to the specific layout construction area of resettlement apartments.
The specific allocation scheme and price difference of the house shall be determined by the land requisition personnel according to the relevant regulations and the actual situation.
Seventeenth should be placed in the apartment construction area price, according to the resettlement housing Jian 'an price plus floor price difference settlement; Take care of the construction area according to the resettlement housing cost price plus floor price difference settlement. According to the principle of nearby resettlement, if the actual construction area of the apartment exceeds the area to be resettled, the excess part shall be settled according to the cost price of the resettlement house plus the floor price difference; If the resettlement area needs to be increased due to the reasons of land acquisition and demolition, the increased part shall be settled at the market price. (See Annex 4)
Eighteenth monetary resettlement for land acquisition and demolition refers to the resettlement of people who have been demolished by means of monetary compensation, and the monetary resettlement is based on the population in need of resettlement and the population in need of care.
The standard of monetary subsidy in resettlement area is: the difference between the fixed sales price of resettlement houses in resettlement area and the Jian 'an price that the land-expropriated and relocated people should bear; The standard of monetary resettlement subsidy in the care area is: the difference between the fixed sales price of resettlement houses in the resettlement area and the cost price that the land-expropriated residents should bear.
Nineteenth resettlement housing construction and installation price, resettlement housing cost price, resettlement housing fixed sales price and resettlement housing market price by the district price department in conjunction with the construction and land departments announced once a year.
Twentieth without the approval of the residential housing reform for non-residential housing, or residential housing rental (lending) to others for non-residential housing use, the demolition is still based on residential housing compensation.
Demolition of rental (borrowing) residential housing, demolition of rental (borrowing) housing without compensation and resettlement.
Twenty-first compensation for the removal of the attic, according to the attic height were converted into construction area (before and after the eaves height is not equal, take the average) calculation:
If the height is below 1 m, it shall be calculated as 25% of the attic plane area;
If the height is between 1 m and 1.49 m, it shall be calculated as 50% of the plan area of the attic;
If the height is between1.50m and1.79m, it shall be calculated as 75% of the layout plane area;
If the height is between 1.80m and 2. 19m, it shall be calculated as 90% of the layout plane area;
If the height is more than 2.2m, it shall be calculated as 100% of the attic plane area;
Temporary attics, floating pavilions and attics built after land acquisition investigation will not be compensated.
Twenty-second temporary resettlement subsidies
(a) the demolition of residential houses, the need for self-transition, with the legal and effective construction area of the demolished houses as the calculation unit, pay temporary resettlement subsidies. The specific standard is to subsidize 3 yuan per square meter per month.
(two) the demolition of residential houses, land acquisition and demolition to take their own demolition, unified reconstruction, temporary resettlement subsidies calculated at 12 months.
(3) The land requisition and relocation people shall implement unified apartment placement for the land requisition and relocation people, and the land requisition and relocation people shall implement self-transition. The transition period is calculated from the date when the expropriated land vacates the house, and ends on the date when the resettlement house is actually delivered. If the transition period of land acquisition and demolition is less than 18 months, the temporary resettlement subsidy will be settled per square meter in 3 yuan every month according to the actual transition period, and an additional 3 months will be added. If the responsibility of land acquisition and demolition exceeds the transition period, and the land acquisition and demolition that transits by itself exceeds the transition period 18 months, the temporary resettlement subsidy will be increased according to the actual transition period from the overdue date, and the standard will be settled in 0.2 yuan per square meter per day; Part of the demolished resettlement houses have exceeded the transition period of 18 months. Since the overdue date, the temporary resettlement subsidy will be calculated according to the resettlement area ÷ resettlement area × the construction area of the demolished houses × the actual extension days ×0.2 yuan.
(four) land acquisition and demolition of the existing houses of the land acquisition and demolition, the implementation of monetary resettlement or the provision of transitional housing, pay a temporary resettlement subsidy for 3 months.
(five) the payment of temporary resettlement subsidies should be based on the delivery of resettlement houses and the approval of the district demolition management department for no more than three months.
Article 23 Relevant rewards and subsidies.
(1) signing bonus fee: if the demolition agreement is signed within the specified time, the signing bonus fee will be 3,000 yuan/household on the second day of1-; 2,000 yuan/household for signing the contract on the 3rd-4th day; Award for signing the contract on the 5th-6th day 1000 yuan/household; There is no signature incentive fee for exceeding the specified time.
(2) Relocation subsidy: 500 yuan subsidy is given to each household, and the settlement is divided into two times if the transition is needed.
(3) Farm tool subsidy: used for furniture, farm tools, etc. , because the apartment placement can not be relocated, each household subsidy 500 yuan.
(4) Reward fee for vacating the house: reward those who vacate the house within the specified time (15 days) and hand over the keys of the demolished house. The specific reward criteria are:
1. 1-5 days if the house is vacated, it will be rewarded according to the legal and effective construction area of the demolished house (30 yuan/m2);
If the house is vacated within 2.6- 10 days, it will be rewarded according to the legal and effective construction area of the demolished house, 20 yuan/m2;
3. If the house is vacated within 1 1- 15 days, it will be rewarded according to the legal and effective construction area of the demolished house 10 yuan/square meter.
Article 24 The land requisition and relocation person or the entrusted relocation implementation unit shall strictly check and verify the living conditions of the families of the land requisition and relocation person, publicize the housing conditions, actual living conditions, demolition area, resettlement area and relocation compensation evaluation report of the land requisition and relocation person within the scope of relocation, and report to the district inspection team for review with the villagers' group as the unit, and implement compensation and resettlement after no objection.
Chapter III Compensation and Resettlement for Non-residential House Demolition
Twenty-fifth demolition of collective public welfare houses, according to the replacement price of the demolished houses combined into a new compensation.
Twenty-sixth demolition enterprises need to rebuild the production houses and non-production houses, and compensate them according to the replacement price of the demolished houses; Do not need to rebuild, according to the demolition of housing area replacement price compensation. After the demolition of the enterprise's production site, it is not necessary to relocate the equipment, and the equipment relocation fee will not be compensated; If it is necessary to relocate, the expenses for dismantling, relocating and installing the equipment shall be compensated according to the new replacement price 15% (see Annex 5). See Annex 6 for the specific resettlement measures of the demolished enterprises.
Twenty-seventh demolition of enterprise production premises caused by the enterprise to stop production, according to the construction area of production premises per square meter 18 yuan compensation.
Twenty-eighth enterprises that have been demolished to vacate their houses within the specified time shall be rewarded for two months according to the actual number of unemployed workers per month, and no reward will be given after the deadline. The number of employees is determined according to the number of employees formally signed by enterprises and on-the-job employees at the end of last year and reported to the tax authorities for approval. No compensation will be given for the suspension of production before the implementation of land acquisition and demolition.
Twenty-ninth audit departments should conscientiously perform their duties. Before signing the demolition agreement with the demolished enterprise, the land requisition and demolition person or the entrusted demolition implementation unit shall report the compensation of the demolished house evaluation report, subsidiary evaluation report, shutdown and relocation fee to the district demolition inspection team for review, and then sign the demolition agreement with the demolished enterprise after review.
Chapter IV Legal Liability
Thirtieth land acquisition and demolition or housing tenant deliberately resort to deceit, defrauding land acquisition and demolition compensation, resettlement funds, to be recovered, and in accordance with the relevant laws and regulations of the state shall be investigated for responsibility.
Abuse, assault land acquisition and demolition staff, hinder land acquisition and demolition staff from performing their official duties according to law, shall be punished by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Article 31 if the staff responsible for land acquisition and demolition neglect their duties, abuse their powers or engage in malpractices for selfish ends in the process of land acquisition and demolition, they shall be given administrative sanctions by their units or the competent department at a higher level; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Chapter V Supplementary Provisions
Thirty-second approach by the district land administrative departments responsible for the interpretation of.
Thirty-third specific matters of demolition and resettlement not involved in these measures shall be supplemented separately.
Article 34 These Measures shall come into force as of July 6, 2005. May 20, 2005
Attachment: Attachment 1: replacement price standard of land-expropriated houses in Wujin District, Changzhou City. Doc Appendix 4: Jian 'an Price for Unified Reconstruction of Land-expropriated Houses in Wujin District, Changzhou City. document
Attachment 2: Comparison Table of Housing Structure, Durable Life and Annual Depreciation Rate in Wujin District, Changzhou. Annex 5 of the document: replacement price standard of land acquisition industrial workshop in Wujin District, Changzhou. document
Attachment 3: Compensation Standard for House Decoration and Ancillary Facilities for Land Expropriation and Demolition in Wujin District, Changzhou City. Annex 6 of the document: Resettlement measures for demolished enterprises in Wujin District. document
Attachment 6: Measures for Resettlement of Demolition Enterprises in Wujin District
In order to further implement Scientific Outlook on Development, speed up the adjustment of industrial structure, speed up the urbanization process in Wujin, earnestly safeguard the legitimate rights and interests of the demolished enterprises, and smoothly promote the resettlement work of the demolished enterprises in the whole region, these measures are formulated according to the Implementation Opinions on Further Improving the Intensive Utilization Level of Industrial Land (Wufa [2005] No.49) and other relevant documents:
First, the enterprises to be demolished in this region will be treated differently according to the actual situation of the enterprises to be demolished after preliminary examination by the departments of economy and trade, development and reform, planning, land, industry and commerce, environmental protection and so on. , and the implementation of resettlement, currency or standard factory buildings. Encourage enterprises to implement monetary resettlement.
2. Relocation from other places: Enterprises that need to relocate from other places must conform to the national industrial policy and environmental protection requirements, with the original legal land of 10 mu or more and the invoiced sales in the local area of 10 million yuan or more in the previous year. If the sales amount reaches 100000 yuan, the industrial land will be resettled 1 0 mu, and the land will be increased1mu for every 2 million yuan in excess. The resettlement area shall not exceed the original legal land area.
3. Monetary resettlement: enterprises that do not meet the requirements of national industrial policies and environmental protection shall be given monetary resettlement.
4. Resettlement of standard factory buildings: The demolished enterprises that conform to the national industrial policy and meet the environmental protection requirements, and whose original legal land area is more than 10 mu, but whose invoiced sales in the previous year are less than 10 million yuan, and the demolished enterprises whose original legal land area is less than 10 mu, can be resettled by means of property right exchange, purchase or lease of standard factory buildings, etc.
Five, the compensation price of the demolition enterprise to withdraw from the plot, approved by the district land and audit department.