Benxi Municipal People’s Government Order No. 23
Document source
Benxi Municipal People’s Government Order
(No. 23 No.)
"Benxi City Land Acquisition, Demolition and Resettlement Measures" (hereinafter referred to as the "Measures")
The "Benxi City People's Government" passed the 62nd executive meeting of the Benxi Municipal People's Government on March 13, 1995 The Municipal Land Acquisition, Demolition and Resettlement Measures are now promulgated and implemented.
Mayor Li Yingjie
September 12, 1995
Benxi City Land Acquisition, Demolition and Resettlement Measures
Article 1 These measures are formulated in accordance with the "National Land Management Law of the People's Republic of China", "Liaoning Province Implementation of the Land Management Law of the People's Republic of China" and relevant regulations, and in combination with the actual situation of this city.
2. All requisitions of collectively owned land within this city shall comply with these Measures.
Article 3 The land management departments of cities and autonomous counties (districts) are the administrative departments responsible for land acquisition, demolition and resettlement work of the people's governments at the same level.
Article 4 The land acquisition, demolition and resettlement work shall follow the principle of ensuring the country’s land needs for construction while properly relocating the production and life of the land-expropriated units and the people.
Article 5 The land acquisition, relocation and resettlement plan shall be studied and formulated by the land management department in conjunction with relevant departments. If it falls within the autonomous county (district) land acquisition approval authority, the resettlement plan will be implemented after approval by the autonomous county (district) government; if it falls within the municipal or above land acquisition approval authority, the resettlement plan will be reviewed and approved by the autonomous county (district) government and submitted to the municipal or above people's government for approval before implementation.
Article 6: After the scope of land acquisition and relocation is determined, the land and public security departments will issue notices of area closure and household closure respectively, and the local police station of the township (town, sub-district office) will suspend the processing of household registration and relocation of residents in the relocation area. Household division procedures, and provide household registration base card information to the land department.
The agricultural population measurement survey for land acquisition and relocation is the responsibility of the municipal and autonomous county (district) land management departments in conjunction with the land-using units, and is conducted with the cooperation of the local public security and food departments.
Article 7 The rural-to-non-agricultural population and the resettlement employment must be the registered agricultural population who settled in the land-expropriated unit before February 28, 1982 and the population that will naturally increase thereafter (including after the agreed land acquisition) and in accordance with relevant policies. Regulations stipulate the population that can be reasonably relocated. In principle, the subsequent resettlement households will not be processed for rural-to-non-agricultural transfer and employment resettlement.
Article 8: After all or part of the cultivated land of the land-expropriated unit is requisitioned (vegetable fields, paddy fields, and dry fields are combined into one, hereinafter referred to as three fields into one), the per capita cultivated land area meets one of the following standards , the unit’s agricultural population that meets the provisions of Article 7 of these Measures can be converted entirely to non-agricultural population on site:
(1) 54 square meters (0.08 acres);
( 2) Vegetable fields less than 54 square meters (0.08 acres; mu);
(2) Paddy fields less than 106 square meters (0.16 acres);
(3) 134 square meters Rice (0.2 acres) or less dry land.
If part of the cultivated land is requisitioned, the land shall be converted into one for three fields if it reaches the standard stipulated in paragraph 2 of Article 29 of the Measures for the Implementation of the Land Management Law of the People's Republic of China in Liaoning Province. Agricultural relocation can be carried out to resettle surplus labor.
Article 9 If the per capita cultivated land area of ??land acquisition and relocation does not meet the standards for conversion from agriculture to non-agriculture and employment resettlement, the land-expropriated unit shall provide resettlement by adjusting contracted land, newly developing cultivated land, and transforming medium- and low-yield fields.
If the per capita cultivated land area after land acquisition and relocation reaches the employment standard for agricultural to non-agricultural conversion, the labor force after the agricultural to non-agricultural conversion can be resettled in the following ways:
(1) If it is enterprise land, the Recruitment and placement of workers by land-using units. If the land-using unit is unable to relocate or cannot resettle all the residents, it may entrust other units with resettlement, and the resettlement subsidy will be allocated to the resettlement units.
(2) If the land-expropriated unit is willing to resettle on its own, after negotiating and signing an agreement with the land-expropriated employees and the land-using unit, the resettlement subsidy can be allocated to the land-expropriated unit through the development of township enterprises or agricultural and sideline industries. Production and other means of placement.
(3) If the land-expropriated employees voluntarily seek self-employment, they must apply personally and sign a voluntary self-employment agreement with the land-using unit, and the land-using unit shall pay a one-time labor resettlement subsidy to the self-employed person.
Requisitioning land for the development of new urban areas and social welfare undertakings, and not recruiting and settling labor after converting agricultural land. Resettlement subsidies can be allocated to the land-expropriated units to develop the tertiary industry for proper resettlement.
The relevant agreement shall be notarized by a notary office.
Article 10 Labor force that meets the resettlement conditions and employment age, except those who are seriously ill or severely disabled (generally refers to those who have lost the ability to work), shall be expropriated and resettled.
The recruitment age of the agricultural labor force for employment should comply with the following regulations:
(1) If all cultivated land is requisitioned, the regulations of the current labor system shall apply;
(2) If all cultivated land is requisitioned, the male age range is 16 to 49 years old and the female age range is 16 to 39 years old.
Does not recruit current students.
The number of male and female labor force recruited shall be determined according to the proportion of male and female labor force in the statistical report of the expropriated unit in the previous year.
Article 11: Land acquisition and labor selection shall be under the leadership of the local township (town) government, and the village committee shall be responsible for preparing a labor recruitment plan, which shall be submitted to the autonomous county (district) land management department for review and approval before implementation. The pre-selection list is generally limited to one person per household. The proposed list must be announced in the village, and the recruitment conditions must be disclosed and democratically evaluated. It is strictly prohibited to use trading recruitment indicators and other methods to determine candidates.
Anyone who meets the recruitment conditions has the right to be selected and will be sorted mainly according to the number of years of residence in the local area (the government resettlement households will be treated as old households). Under the same conditions, priority will be given to pure rural households, poor households, households with many laborers, and "blank households" from previous land expropriations.
After the recruitment list is determined, the approval procedures will be handled in accordance with relevant regulations.
Article 12: The wage grading of recruited workers shall be based on the following principles:
(1) Based on the length of time engaged in agricultural production labor (hereinafter referred to as agricultural production labor time), It is determined by the enterprise itself with reference to relevant wage grading standards.
(2) The time that persons under 16 years of age have been engaged in agricultural production and labor since the age of 16, and the time that persons released from prison have been engaged in agricultural production and labor shall not be counted.
(3) If the recruited workers are awarded the title of model worker by the people's government at or above the autonomous county (district) or have served as the director or deputy director of the village committee for more than 10 consecutive years before recruitment, they may be employed according to the relevant salary levels The standard is half a level higher than that of agricultural workers with the same conditions.
(4) The workers recruited have professional and technical titles or confirmed professional and technical expertise, and if they are needed for the position of the recruiting unit, they can pass the professional and technical assessment and rating.
Recruitment and grading are determined by the autonomous county (district) land management department and the receiving unit, and reported to the labor department at the same level for filing.
Article 13 After the recruitment list is approved, the resettlement unit must complete the recruitment procedures within one month. If the employee is not accepted to work in the factory within the time limit, the resettlement unit shall provide living allowances to the hired personnel until they start working in the factory.
After the hired personnel enter the factory, there is no probation period system. Seniority is calculated from the date of employment approval.
When allocating housing and other employee welfare benefits, the agricultural years of the recruited workers can be regarded as the same as the length of service.
Article 14 The living expenses of those who have not been recruited after the land acquisition unit has been cancelled, shall be implemented according to the following methods:
(1) Agricultural laborers who are over the recruitment age (hereinafter referred to as overage Labor force), living expenses will be paid according to the city’s minimum living standards.
(2) Those who meet the recruitment conditions but fail the physical examination will be paid living allowances according to the standards for over-age labor, and their dependent population will be implemented in accordance with the relevant regulations of the civil affairs department.
(3) Family members of martyrs, military personnel, injured personnel, family members of those who died in the public service, widows and widowers who were originally supported by the collective shall be implemented in accordance with the relevant regulations of the civil affairs department.
(4) For those who participated in the revolution before the founding of the People's Republic of China, their living expenses standards may be increased appropriately, but the increase shall not exceed 20% of the prescribed standard.
(5) The living expenses of farmers who originally enjoyed pensions can be re-determined according to the standards of over-age workers. If the pension exceeds this standard, it will still be paid according to the original retirement amount.
The living expenses of over-age workers are generally calculated until they are 80 years old (if they are over 80 years old at the time of land acquisition, the calculation will be extended for another 5 years based on their actual age) until death. Maintenance allowance for their dependent children is paid until they reach the age of 18.
Living expenses will be paid from the land compensation fee, resettlement subsidy and the accumulation of the land-expropriated unit. The shortfall will be paid separately by the land-expropriated unit, settled in one time, and allocated to the insurance agency for management.
Article 15: When requisitioning farmland, forests, fish ponds, pastures and other land contracted by farmers, the production and living problems of the contracting households must be effectively solved. Those who meet the recruitment conditions must be given priority in recruiting workers and resettling them. Those who do not meet the recruitment conditions can be relocated. If the contract issuing party carries out large-scale transformation or special transformation such as land reclamation, land reclamation, or construction of protected land on the contracted land, the expropriated unit shall provide appropriate compensation from the land compensation fee or resettlement subsidy fee obtained.
Article 16 After the land-expropriated unit withdraws, the balance of the land compensation fee shall be handed over to the land management department of the government at or above the county level, and shall be stored in a special financial account as special funds for land development and reclamation, and shall not be used for other purposes.
Article 17 The relocation of houses, courtyard walls, warehouses, vegetable cellars, wells, scattered trees, young crops and other ground attachments in front and behind the houses within the scope of collective and individual legal land use rights shall be determined by the autonomous county ( The land management department at or above the district level shall sign a relocation compensation agreement according to the prescribed standards to compensate the land-using unit, the relocated unit or individual. Crops planted, trees planted, and facilities built after the area closure notice is issued or land acquisition plan negotiations begin will not be compensated.
Article 18 If the business premises of township collective enterprises and individual industrial and commercial households with legal land use rights, industrial and commercial business licenses, and legal house property rights are demolished, resulting in the suspension of production and business, the business tax stamps for the three months before the demolition can be The basic basis is to compensate three to five months of operating losses. For those who are unable to resume production and do not meet the conditions for resettlement, business loss fees may be increased appropriately, but the maximum period shall not exceed 18 months.
Business losses will not be compensated for demolition of temporary business buildings and illegal buildings.
Article 19 The conditions and resettlement standards that land-using units should meet when resettling relocated households into public housing shall be implemented with reference to the relevant provisions of the "Benxi City Interim Measures for the Management of Urban House Demolition".
When developing new urban areas and requisitioning and demolishing village groups, households should be resettled in a unified manner in accordance with the principles of economical and rational use of land and according to plans.
Article 20: The relocated households may build new houses under the contract of the land-using unit, or they may build them themselves. Compensation standards for self-construction shall be implemented in accordance with relevant regulations. In addition, self-built new houses must comply with village and town planning requirements and undergo approval procedures in accordance with relevant regulations.
Article 21 The unit subject to land requisition shall not obstruct the requisition of land for national construction. If it unreasonably refuses to requisition the land, the people's government at or above the county level shall approve the compulsory requisition. If the land-expropriated unit refuses to sign an agreement, the superior authority will impose administrative sanctions on the responsible leader.
After the land acquisition or allocation is approved in accordance with the law, if the land-expropriated unit fails to hand over the land on time, the people's government at or above the county level shall order the land to be handed over within a time limit and impose a fine of not more than 5 yuan per square meter. During the agreed land acquisition period, if the land-expropriated unit illegally asks for property from the land-expropriating unit, the illegally requested property shall be confiscated.
Article 22: If houses and other ground attachments owned by collectives or individuals are relocated, and the land-using unit reaches an agreement on compensation, resettlement, etc. with the relocated unit or individual, or fails to implement it in accordance with relevant regulations, The land management department of the people's government at or above the county level shall make a ruling in accordance with the law. If the party concerned is dissatisfied with the award, he or she may file a lawsuit with the People's Court within 15 days from the date of receipt of the Award. During the litigation period, if the land-using unit has provided compensation or resettlement, the implementation of the relocation will not be suspended. If the relocated unit or individual refuses to relocate without justifiable reasons within the relocation period specified in the "Award", the people's government at or above the county level shall make a time-limited relocation decision. If the relocation is not carried out within the time limit, the autonomous county (district) people's government will organize the construction unit to implement forced relocation, or the land management department will apply to the people's court for compulsory enforcement.
Anyone who makes unreasonable troubles and obstructs the performance of official duties during the land acquisition and demolition process shall be dealt with by the local public security department in accordance with the relevant provisions of the "Regulations on Penalties for the Administration of Public Security and Public Security of the People's Republic of China"; if the circumstances are serious and constitute a crime, the case shall be dealt with by the local public security department. The judicial authorities shall investigate criminal liability in accordance with the law.
Article 23 Land-use and resettlement units must conscientiously implement resettlement policies and resettlement agreements.
Planning, land, public security, food, labor, supervision and other departments at all levels must strictly implement land acquisition and resettlement policies. We must resolutely correct any falsifications found such as encroaching on rural areas, converting them into non-agricultural areas, and recruiting labor quotas, and severely deal with those directly responsible.
Article 24 The standards for compensation for ground attachments, labor resettlement subsidies, rental fees, overdue factory living expenses, overage labor living expenses, and moving expenses for relocated households involved in land acquisition and demolition shall be determined by the Municipal Land The management department will review it regularly with relevant departments.
Article 25 of these Measures shall be interpreted by the Municipal Land Planning Administration.
Article 26 These Measures shall come into effect on the date of promulgation. Benxi City Land Acquisition, Resettlement and Ground Attachments Compensation Measures" (Benxi City Fa [1986] No. 80) are abolished at the same time