Chapter I General Principles
Article 1 In order to ensure the smooth progress of land acquisition and safeguard the legitimate interests of land-expropriated units and individuals, 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 Measures for the Implementation of Sichuan Province and the Reply of the Provincial Government on Agreeing to the Compensation Standard for Young Plants and Attachments on the Ground in Chengdu (Chuanfuhan [2012] No.99), Notice of the General Office of the Provincial Government on Forwarding the Opinions of the Provincial Department of Land and Resources on Adjusting the Standard of Compensation and Resettlement for Land Expropriation (Chuanfuban [2008] No.73), Notice of the Chengdu Municipal Government on Further Improving the Social Security Work of Land Expropriated Farmers (Chengfufa [2009] No.3 [20 10/) and Notice on Adjusting the Payment Base and Payment Ratio of Basic Old-age Insurance for Land Expropriated Farmers (Chengfufa)
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These Measures shall apply to the compensation, personnel placement and housing placement of collectively owned land and attached objects on the ground within the administrative area of our city.
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Under the leadership of the municipal government, the municipal land administrative department is responsible for organizing the implementation of compensation and resettlement for land acquisition and demolition.
Public security, planning, construction, social security and other departments and the town where the land is expropriated shall, according to their respective functions and duties, assist the municipal land administrative departments to do a good job in compensation and resettlement for land acquisition and demolition.
Article 4
After the land expropriation is approved according to law and the parties concerned are compensated and resettled according to law, the land administrative department shall issue a notice of land delivery to the land-expropriated unit, which shall deliver the land within the time limit specified in the notice and shall not refuse or obstruct it.
Chapter II Compensation for Land Requisition
Article 5
After the land expropriation plan is approved according to law and announced, the owners and users of the expropriated land shall, within the time limit stipulated in the announcement, go to the land administrative department for compensation registration for land expropriation with the land ownership certificate or valid certificate.
Land administrative departments shall, in accordance with the approved land acquisition plan, jointly with relevant departments, formulate compensation and resettlement plans for land acquisition, and the towns where the land is expropriated shall make an announcement in the villages (communities) and groups where the land is expropriated, and listen to the opinions of rural collective economic organizations and members of the expropriated land. After the land requisition compensation and resettlement plan is approved according to law, the land administrative department shall be responsible for organizing the implementation. Disputes over land requisition compensation and resettlement will not affect the implementation of land requisition plan.
Article 6
Land expropriation shall pay land compensation fees, resettlement subsidies, young crops compensation fees and ground attachments (structures) compensation fees according to law.
Article 7
Calculation multiple of land compensation fee and resettlement subsidy for collective land expropriation.
The land compensation fee per mu of cultivated land is calculated at 10 times of the unified annual output value of the previous three years.
The resettlement subsidy is calculated according to the per capita cultivated land area of the collective economic organizations whose land is expropriated, and according to the following standards: If the per capita cultivated land area of the villagers' groups whose land is expropriated is above 1 mu, the resettlement subsidy per mu of cultivated land is calculated according to 6 times of the unified annual output value; If the per capita cultivated land area is below 1 mu, the resettlement subsidy for cultivated land per mu shall be calculated by multiplying the population on demand by 6 times the unified annual output value of the previous 3 years. The sum of multiple of land compensation fee and multiple of resettlement subsidy per mu of cultivated land shall not exceed 30 times.
Land compensation fees and resettlement subsidies for requisitioning non-cultivated land shall be halved according to the above standards. The expropriation of township (community) collective land only calculates the land compensation fee.
Article 8
The compensation for young crops per mu of cultivated land is 60% of the unified annual output value of land acquisition (Annex 1).
Article 9
Compensation for the ground attachments (structures) of the expropriated land shall be made according to the verified types, specifications, quantities and compensation standards for young crops and ground attachments (structures) (Annexes 2, 3, 4 and 5).
Article 10
The relocation of large-scale farmers shall be compensated according to the prescribed standards (Annex 6).
Article 11
In any of the following circumstances, no compensation shall be made:
(1) Buildings (structures) without land ownership certificates or other valid certificates.
(2) Crops, economic trees and buildings (structures) hastily planted since the announcement of the land requisition plan approved according to law.
(three) buildings (structures) on temporary land that have exceeded the approved use period.
(four) illegal buildings (structures) identified by the planning department.
(five) the provisions of laws, regulations and relevant policies shall not be compensated.
Article 12
After the land is expropriated, the roads and water conservancy facilities that need to be restored shall be restored by the towns where the expropriated land is located.
Article 13
Land acquisition compensation and subsidies shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.
Compensation for young crops and overground objects shall be paid to the owners of young crops and overground objects.
Land compensation fees are paid directly to the landless rural collective economic organizations, which are used by the landless rural collective economic organizations in accordance with relevant regulations. To participate in social insurance, the basic old-age insurance premium is shared by the individual landless farmers and the municipal government. Among them, the part paid by individuals is paid directly from the resettlement subsidy, the insufficient part is made up by the municipal government, and the rest is implemented by the collective economic organizations.
No unit or individual may privately divide, transfer, misappropriate or intercept land compensation fees, resettlement subsidies, compensation fees for young crops and ground attachments.
Chapter III Resettlement of Land Requisition Personnel
Article 14
If land acquisition is carried out in a planned urban area, the number of landless farmers who are resettled in cities and towns shall be determined according to the land acquisition area divided by the land occupied by the collective economic organizations before land acquisition. The implementation of the land acquisition department only issued the total index number of urban resettlement population, which was discussed and distributed by the collective economic organizations of land acquisition. If the land acquisition area is not enough to calculate the population of a town, only the land compensation fee and resettlement subsidy will be calculated. If all the land of the rural collective economic organization is expropriated, the establishment of the rural collective economic organization shall be revoked according to law, and all the original agricultural population shall be converted into urban population.
For projects located outside the planning area alone, if there are more arable land resources per capita after land acquisition, agricultural resettlement can be carried out on the basis of respecting the wishes of landless farmers and included in the scope of local rural social security.
In accordance with relevant regulations, social insurance shall be provided for landless farmers according to law. Social security related expenses shall be organized and implemented by the land department in conjunction with relevant departments and towns, and the insurance procedures shall be handled by social security agencies. At the same time, relevant departments should increase employment training for landless farmers and actively recommend employment.
According to the age of the landless peasants resettled by the urban population, it is calculated according to the actual age (date of birth registered in the household registration book) on the date of approval of the land acquisition compensation and resettlement plan. Land-expropriated farmers who have reached the age of 16 when the compensation and resettlement plan for land expropriation is approved shall participate in social security in accordance with the provisions of the social insurance system for urban workers.
Article 15
The following personnel should be placed in this way:
(1) Members of collective economic organizations whose land has been expropriated.
(2) Servicemen whose household registration (original household registration) is within the scope of land acquisition before enlistment (including non-commissioned officers who are not placed according to state regulations).
(3) The household registration relationship before enrollment (original household registration) is within the scope of land acquisition.
(four) the original account is serving a sentence or reeducation through labor within the scope of land acquisition.
(five) babies born normally within the scope of the policy before the land acquisition compensation and resettlement plan is approved according to law.
Article 16
These Measures shall not apply to the resettlement of the following personnel:
(a) members of the collective economic organizations whose household registration is within the scope of land acquisition; The registered permanent residence has been officially recruited, registered and employed by state organs, institutions, state-owned enterprises, mass organizations and democratic organizations within the scope of land acquisition, and social security resettlement for land acquisition has not been given.
(2) demobilized military cadres who have returned to their places of origin and non-commissioned officers who have been placed according to national policies.
(3) Persons who have retired from state organs, institutions, enterprises, military units and other units. Back to their birthplace.
(four) the "rotation workers" who retire early in their hometowns.
(five) farmers who have been resettled according to the policy.
(6) Contractors and agricultural contract workers who are resettled due to land acquisition, and personnel who are resettled by the original enterprise due to bankruptcy, restructuring and disintegration of the enterprise (in urbanized areas, only urbanized in the place where the household registration is located).
(seven) the personnel who have newly moved into the account since the date of the announcement of the land acquisition plan.
(8) Persons whose household registration has been urbanized before the announcement of the land acquisition plan.
(9) Financial support personnel.
(ten) the provisions of laws, regulations and relevant policies are not applicable to the personnel.
Chapter IV Compensation and Resettlement for House Demolition
Seventeenth
Article 3 Where the expropriation of collective land involves the demolition of houses on collective land, the compensation standard can be found in the Standard Table of House Replacement Price (Annex 2). Housing demolition and resettlement shall be implemented in three ways: monetary resettlement after the end of property rights, unified housing resettlement and self-built resettlement.
Land requisition within the urban planning area involves house demolition (including Linqiong Town, Yang 'an Town, pingle town and Wine Industry Park), and the relocated households can choose monetary compensation for the end of property rights or house resettlement.
If the land acquisition project independently located outside the urban planning area involves house demolition, the relocated households shall be resettled according to the resettlement method approved by the municipal government.
The number of resettlement is calculated according to the main family members registered in the current residence of the relocated households. Those who have enjoyed housing placement according to the policy will no longer enjoy housing placement.
Resettlement standard: Resettlement area of relocated households = number of relocated households × 30m2/person (basic housing area). For the relocated households who sign the house relocation contract within the time limit specified in the relocation announcement, the resettlement area shall not exceed 5 square meters per person (the preferential price is: Lin Qiong Zhenjiu Industrial Park 1800 yuan/square meter; Yang 'an Town, pingle town 1600 yuan/m2).
Article 18
Encourage the relocated households in Linqiong Town, Yang 'an Town, pingle town Town Planning Area and Wine Industrial Park to choose monetary compensation and resettlement.
If monetary compensation and resettlement are selected at the end of property rights, the original demolished houses shall be compensated according to the standard (Annex 2); If the basic housing area signed on time is 30 square meters/person and the preferential resettlement area is 5 square meters/person, subsidies will be given according to the standard of 2,000 yuan/square meter for Lin Qiong Town Urban Planning Area and Wine Industry Park, and subsidies will be given to Yang 'an Town and pingle town Urban Planning Area according to the standard of 1800 yuan/square meter. If the construction area of the relocated house is less than 35 square meters per capita, the difference subsidy shall be deducted according to the standard of 700 yuan/square meter. The subsidy standard shall be determined by the municipal government according to market changes (Annex 7).
If the relocated households sign the relocation compensation and resettlement contract on time according to the time limit stipulated in the relocation announcement, they will be rewarded with relocation. The reward standard shall not exceed 400 yuan/square meter according to the approved area of the demolished house.
Article 19
Households in Linqiong Town, Yang 'an Town, pingle town Town Planning Area and Wine Industry Park who take land acquisition and demolition can choose housing resettlement methods; If more than 24 relocated households are willing to choose to build multi-storey houses outside the planning area and in other towns and villages, they can choose the housing resettlement method.
The resettlement houses provided by the government are all multi-storey or high-rise. If the relocated households choose the housing placement method, the relocated households will not pay the purchase cost within the basic housing construction area, nor enjoy the relocation compensation of the original basic housing area. The original demolition of housing area more than the basic housing area, in accordance with the attached (structure) building compensation standards (Annex 2) for compensation. (The compensation for the part exceeding the basic housing construction area refers to the housing compensation for the part exceeding the basic housing construction area that should be resettled by the relocated households after deducting the brick-concrete and brick-wood structures in turn). The relocated households shall go through the relevant resettlement procedures for the unified construction of resettlement houses in the towns where the land is expropriated with the signed "Housing Demolition Compensation and Resettlement Contract".
If the relocated households sign the relocation contract within the time limit stipulated in the relocation announcement, they will be rewarded with relocation. The reward standard shall not exceed 300 yuan/m2 according to the living area exceeding the basic housing construction area.
The municipal government provides unified resettlement houses for the relocated households. The relocated households are resettled according to the basic housing area, and the resettlement area is calculated according to the resettlement population for ultra-basic housing. Relocated households exceed the preferential area of basic housing 10 m2/person (including the preferential housing placement area of 5 m2/person who signed the house demolition contract on time). Relocated households pay the purchase cost according to the preferential average price (Linqiong Town, Liquor Industry Town, Yang 'an Town, pingle town 1600 yuan/m2), and relocated households with other preferential areas pay the purchase cost according to the average construction cost of resettlement houses in the current year determined by the municipal government. Beyond the preferential housing placement area, the relocated households pay the purchase cost according to the market evaluation price. Relocated households choose to build a unified resettlement housing area less than the basic housing resettlement area, and the difference area will be subsidized according to the cost standard of resettlement housing construction determined by the municipal government. For the part where the building area of the house where the relocated households are living is less than 30 square meters of the basic housing per capita, the relocated households shall pay the purchase price according to the average price of 700 yuan/square meter.
Article 20
If the relocated households outside Linqiong Town, Yang 'an Town, pingle town Town Planning Area and Wine Industry Park adopt unified self-built compensation and resettlement, the original demolished houses will be compensated according to the standard (Annex 2). If the relocated households sign the relocation contract within the time limit stipulated in the relocation announcement, the approved relocation housing area will be given a relocation reward of no more than 200 yuan/square meter, and the resettlement area of the basic housing construction area of 30 square meters/person (including 30 square meters) and the preferential resettlement area of 5 square meters/person signed on time will be subsidized according to the standard of no more than 300 yuan/square meter.
The land area of self-built residential areas is calculated according to the resettlement population and strictly controlled within 70 square meters per person. Give appropriate subsidies to the adjustment of land ownership, public construction and infrastructure supporting fees, and the township where the expropriated land is located is specifically responsible for the land adjustment and infrastructure supporting work of self-built residential areas.
Article 21
The township government where the expropriated land is located signs a compensation and resettlement contract for house demolition with the relocated households, and pays the house compensation fee within 15 days from the date of signing the contract.
Article 22
Where the township where the land is expropriated provides xianfang resettlement or turnover housing transition, the relocated households do not enjoy the relocation transition fee. For those who really need transitional resettlement, the transitional expenses for relocated households in Linqiong Town, Yang 'an Town, pingle town Urban Planning Area and Wine Park during the transitional period shall be calculated according to the standard of 160 yuan/month, and the rest shall be calculated according to the standard of 140 yuan/month. The transition fee for the transition period of more than one year is doubled.
If you choose monetary resettlement, you will pay a one-time transition fee of 3 months.
If housing placement is selected, the transition fee shall be calculated from the date of vacant delivery to the date of announcement delivery 2 months after the signing of the compensation and resettlement contract for housing demolition.
If unified planning and self-built resettlement are selected, the transition fee will start from the date of signing the compensation and resettlement contract for house demolition and vacating the demolished house, and end 6 months after the planned delivery of housing land to villages and towns.
Article 23
The demolished houses in Linqiong Town, Yang 'an Town, pingle town Town Planning Area and Wine Industrial Park are demolished by the demolition company. If the relocated households vacate and deliver the demolished houses within the time limit agreed in the compensation and resettlement contract for house demolition, the relocation subsidy of 30 yuan/m2 shall be given according to the area of the demolished houses agreed in the contract.
The house demolition of the relocated households outside the urban planning area of Linqiong Town, Yang 'an Town and pingle town City shall, in principle, be dismantled by the relocated households and the land-expropriated towns after signing the "Safety Agreement on House Demolition". Need to take a unified demolition, land acquisition and demolition project units to organize the implementation, after the approval of the municipal government to be removed.
Unified demolition of houses to be demolished, the remaining costs of houses to be demolished are collected by the units that organize the implementation of land acquisition and demolition projects and turned over to the municipal finance.
Article 24
The demolished houses that do not meet the resettlement policy shall be compensated according to the prescribed standards (Annex 2).
If the relocated households sign the relocation contract on time according to the time limit stipulated in the relocation announcement, they will be rewarded with relocation. According to the reward standard, the area of demolished houses shall not exceed 400 yuan/m2.
Article 25
The width of shops on collective land is actually calculated, and the diameter and depth are not more than12m. If the diameter and depth are less than12m, the first natural room shall prevail. The compensation standard is 70% of the online business evaluation of state-owned land in the same lot.
Article 26
The relocation of office buildings and collectively owned public buildings produced by enterprises with legal land use procedures shall be compensated according to the standards (Annex 2).
With the industrial and commercial business license of the enterprise before the scope of land acquisition is determined, the loss of production and business suspension caused by the relocation of normal production enterprises shall be calculated within 40% of the total compensation for house demolition; The enterprise handling fee is calculated according to 15% of the total compensation for the demolished houses and above-ground structures. The compensation standard for relocated houses with a eaves height of 4.5 meters or more rises by 40% on the basis of the original building structure. If the compensation contract for house relocation is signed within the time limit specified in the relocation announcement, the relocation reward shall not exceed 100 yuan/square meter according to the approved relocation house, and the attached house shall not be rewarded. For the relocation of enterprise production, office buildings and collectively owned public buildings, no housing placement will be carried out.
Article 27
Compensation for other attachments other than those specified in Article 8, Article 9, Article 10, Article 16, Article 17, Article 18, Article 19, Article 20, Article 25 and Article 26 of these Measures shall be agreed upon by the municipal land administrative department in conjunction with relevant departments and the township government whose land has been expropriated, and a compensation plan shall be drawn up and implemented after being reported to the municipal government for approval.
Article 28
Servicemen (including non-commissioned officers who have not been placed according to the provisions of the state), students in colleges and universities and those who are serving sentences or reeducation through labor, and cadres, workers, urban residents and overseas Chinese, Hong Kong, Macao and Taiwan compatriots who have returned to their hometowns for settlement within the scope of land acquisition, and their house demolition shall be handled in accordance with the relevant provisions of these measures.
Chapter V Legal Liability
Article 29
Violation of the provisions of these measures constitutes a violation of the provisions of the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and the Measures for the Implementation of Sichuan Province, and shall be punished from its provisions.
Article 30
After land expropriation, compensation and resettlement according to law, if the parties refuse to move, the land administrative department shall order them to move within a time limit; If it fails to move within the time limit, it will be forced to move according to law with the approval of the municipal government. Failing to receive resettlement subsidies and compensation fees for buildings on the ground (structure) within the time limit, the compensation account shall be stored in escrow by the township where the expropriated land is located, which shall be regarded as compensation.
Article 31
Units and individuals who embezzle, misappropriate land acquisition compensation and other related expenses and defraud compensation and resettlement for land acquisition and demolition shall be investigated and dealt with according to relevant state laws and regulations.
Article 32
If a party refuses to accept specific administrative acts such as administrative punishment or compulsory measures, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 33
Land acquisition staff due to dereliction of duty, abuse of power, corruption constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions in accordance with relevant regulations.
Chapter VI Supplementary Provisions
Article 34
Where the national, provincial and Chengdu key construction projects and projects have other provisions on the standards of land acquisition compensation and resettlement, those provisions shall prevail.
Article 35
The Municipal Bureau of Land and Resources shall be responsible for the interpretation of these Measures.
Article 36
These Measures shall take effect from 20 13 10 1 and shall be valid for three years. The municipal government's Notice on Printing and Distributing the Implementation Measures for Land Acquisition Compensation and Resettlement in Qionglai City (Fu Qiong Fa [2009] No.2) and the Notice on Printing and Distributing the Supplementary Provisions for the Implementation Measures for Land Acquisition Compensation and Resettlement in Qionglai City (Fu Qiong Fa [2010]10) shall be repealed simultaneously.