(no.26)
The "Measures" of Jiangsu Province for land requisition compensation and basic living guarantee for landless farmers have been discussed and passed at the fifty-third executive meeting of Jiangsu Province on July 26, 2005, and are hereby promulgated and shall come into force as of September 6, 2005.
Shengchangliang
July 3, 20051day
Measures of Jiangsu Province on Compensation for Land Expropriation and Basic Living Security for Land Expropriated Farmers
Article 1 In order to protect the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, ensure the basic livelihood of land-expropriated farmers, and strengthen the management of land expropriation compensation and basic livelihood security resettlement, according to the Land Administration Law of the People's Republic of China, the Labor Law of People's Republic of China (PRC), the Rural Land Contract Law of People's Republic of China (PRC), the Regulations on Land Administration of Jiangsu Province and the Rural Land Contract Law of Jiangsu Province,
Article 2 The term "land requisition compensation and basic livelihood guarantee for landless peasants" as mentioned in these Measures refers to the act of the state to compensate landless peasants and rural collective economic organizations according to law after expropriation of land collectively owned by peasants, and to establish a basic livelihood guarantee system for landless peasants to ensure their basic livelihood.
Article 3 These Measures shall apply to the compensation for land expropriation within the administrative area of this province. Expropriation of land collectively owned by farmers in urban planning areas shall establish the basic living guarantee for landless farmers in accordance with these measures; Expropriation of land collectively owned by farmers outside the urban planning area can establish the basic living guarantee for landless farmers with reference to these measures.
Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council.
The compensation standard for collecting coal mining subsidence land shall be stipulated separately.
In the urban planning areas of cities and counties, before the implementation of these measures, the village groups with per capita arable land less than 0. 1 mu, after being revoked with the approval of law, the original rural residents will be converted into urban residents and incorporated into the urban social security system according to regulations, and these measures are not applicable.
Article 4 The people of the city and county shall be responsible for the compensation for land expropriation and the basic living guarantee for farmers whose land has been expropriated. Land administrative departments shall be specifically responsible for the payment of land acquisition compensation and land acquisition compensation and resettlement fees; The labor and social security departments are specifically responsible for the issuance and management of the basic living security funds for landless farmers, and the specific work shall be handled by the agricultural insurance agencies of the labor and social security departments at all levels; The financial department is specifically responsible for the management of the basic living security funds for landless farmers; The audit department shall strengthen the audit and supervision of the compensation funds for land acquisition and the basic living security funds for land-expropriated farmers according to law; Supervision, public security and other departments shall, in accordance with their respective responsibilities, cooperate with relevant work.
Fifth according to the land value and the level of economic and social development, the province is divided into four categories, and the corresponding land acquisition compensation and basic living security standards are implemented. The basic living standard should be adjusted according to the local economic and social development level.
Sixth city and county land administrative departments shall establish a rural collective economic organization land quantity change account; The labor and social security department shall record the basic living security of landless farmers in their personal accounts; Public security departments should do a good job in household registration management.
Seventh expropriation of land owned by farmers in accordance with the law, must be fully compensated in accordance with the provisions.
Compensation and resettlement fees for land acquisition include land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees.
Article 8 The land compensation fee for requisitioned cultivated land shall be 10 times of the average annual output value of the cultivated land in the three years before requisition.
The minimum standard of the average annual output value of cultivated land in the first three years as stipulated in the preceding paragraph is:
(a) a class of area per mu 1800 yuan;
(two) the second area per mu 1600 yuan;
(3) Three types of areas per mu 1.4 million yuan;
(4) Four types of areas per mu 1200 yuan.
The land compensation standard for the expropriation of other land shall be raised by the Municipal People's Government in accordance with the provisions of Article 26 and the preceding paragraph of the Regulations on Land Management in Jiangsu Province.
Ninth land acquisition and resettlement subsidies, according to the number of landless farmers who need to be resettled. The minimum resettlement subsidies for each landless farmer in the first, second, third and fourth categories are 20,000 yuan, 17000 yuan, 13000 yuan and 1 1000 yuan respectively.
The number of land-expropriated farmers who need to be resettled, and the number of cultivated land requisitioned, shall be calculated by dividing the number of cultivated land requisitioned by the number of cultivated land per capita of the land-expropriated unit before land requisition; If other agricultural land is expropriated, it shall be calculated according to the total land compensation fee divided by 70% of the local per capita resettlement subsidy.
Tenth city and county people's land administrative departments shall, within 3 months from the date of approval of the land acquisition compensation and resettlement plan, pay in full the land acquisition compensation and resettlement expenses of the landless farmers who have not entered the basic living guarantee and the living allowance for the people below 16 according to the regulations; Not less than 70% of the agricultural land compensation fee and the resettlement subsidy for land-expropriated farmers all included in the basic living guarantee shall be included in the financial special account of the basic living guarantee fund for land-expropriated farmers set up by the financial department at the same level in the bank, and the ground attachments and young crops compensation fees shall be paid to their owners; Pay surplus land compensation fees to rural collective economic organizations.
Rural collective economic organizations and their members have the right to refuse to pay the land expropriation compensation and resettlement fees if they are not fully paid; Land acquisition compensation and resettlement subsidies in full, the landless rural collective economic organizations and their members shall not delay the delivery of land.
Article 11 Land compensation fees paid to rural collective economic organizations shall be included in the management of provident fund, and must be used to solve the living problems of landless peasants left over from history, and rural collective economic organizations shall develop production and public welfare undertakings, and shall not be used for other purposes.
Twelfth gradually establish a land acquisition compensation and resettlement area price system, the city and county people's governments can determine the land acquisition compensation and resettlement area price according to the land location conditions, and determine the land acquisition compensation and resettlement fees according to the area price.
District prices shall be formulated by the provincial land administrative department in conjunction with the provincial price and finance departments, and announced after approval by the provincial people's government.
Thirteenth sources of basic living security funds for landless farmers include:
(a) not less than 70% of the land compensation fee for agricultural land and all resettlement subsidies;
(two) * * * from the land leasing and other paid land use income;
(three) the interest and value-added income of the basic living security funds for landless farmers;
(four) other funds that can be used for the basic living security of landless farmers.
The people of cities and counties * * * withdraw certain funds from the paid land use income such as land transfer fees and enter the special account for the basic living security funds of landless farmers. The amount extracted from the first, second, third and fourth areas is calculated according to the newly requisitioned land area, and it is not less than 1.3 million yuan, 1.0 million yuan, 9,000 yuan and 8,000 yuan per mu.
The basic living security funds are insufficient to pay, and the financial department at the same level is responsible for solving it.
Fourteenth landless farmers' basic living security fund account consists of landless farmers' basic living security personal account and social pooling account.
Resettlement subsidies and land compensation fees for agricultural land of not less than 70% are included in personal accounts. If a person who implements basic living security dies, the balance of principal and interest in his personal account can be inherited according to law.
The financial department of the people's government of the city or county shall, within 3 months from the date of approval of the land requisition compensation and resettlement plan, transfer the capital contribution of XX to the social pooling account in full according to the newly requisitioned land area provided by the land administrative department.
Article 15 The municipal and county people's financial departments shall, according to the basic living guarantee fund plan for land-expropriated farmers, regularly transfer the basic living guarantee funds for land-expropriated farmers into the basic living guarantee expenditure households set up by the labor and social security departments in the bank to ensure the timely and full payment of the basic living guarantee funds for land-expropriated farmers.
Article 16 The land-expropriated farmers are divided into the following four age groups based on the date of approval of the land acquisition compensation and resettlement scheme:
(1) the first age group1under 6 years old;
(2) The second age group is female 16 to 45 years old, and male 16 to 50 years old;
(3) In the third age group, women are 45 to 55 years old and men are 50 to 60 years old;
(three) the fourth age group (pension age) women over 55 years old, men over 60 years old.
The "above" mentioned in the preceding paragraph includes this number.
All localities can make reasonable adjustments to the age division and age span according to the principle that is conducive to the implementation of basic living security.
Seventeenth farmers whose land has been expropriated shall give birth from the members of the rural collective economic organizations that owned the land before the land expropriation, who have the right to contract the management of the land and bear the agricultural obligations, and the original land contractor shall have the preemptive right. Specific measures shall be formulated by the municipal and county people's governments in accordance with relevant regulations.
The proportion of land-expropriated farmers of all ages should be basically the same as that of land-expropriated units of all ages before land expropriation.
The list of land-expropriated farmers shall be put forward with the consent of more than half of the members of the land-expropriated rural collective economic organizations, and shall be determined by the people's government at the county level after being audited by the township people. After confirmation, it shall be publicized at the location of the rural collective economic organization where the land is expropriated.
Eighteenth people in the first age group receive a one-time living allowance of not less than 6000 yuan, 5000 yuan, 4000 yuan and 3000 yuan respectively according to the first, second, third and fourth categories; After receiving a one-time living allowance, people of this age group will no longer be included in the scope of basic living security as stipulated in these Measures.
Nineteenth people of the second, third and fourth age groups can choose whether to participate in the basic living security. People's governments at all levels should take active measures to encourage and support landless farmers to participate in the basic living security.
Land-expropriated farmers who implement basic living security shall implement different security standards according to different regions and different age groups:
(1) People in the second age group will receive a monthly living allowance from the month when the basic living guarantee is implemented, with a term of 2 years. When they reach the age of receiving a pension, they will receive a monthly pension.
(two) the third age group, from the implementation of the basic living guarantee to the retirement age, receive a monthly living allowance; When you reach the old-age age, you receive a monthly pension.
(3) Persons in the fourth age group receive a monthly pension from the month when the basic living guarantee is implemented.
The basic living standard of land-expropriated farmers in cities and counties shall not be lower than the minimum standards stipulated in these Measures.
Twentieth conditional areas, according to the principle of voluntariness, will be the basic living security of landless farmers into the urban social security system. Specific measures shall be formulated by the Municipal People's Government.
Twenty-first landless farmers who meet the local minimum living guarantee conditions in rural areas can enjoy the minimum living guarantee in rural areas; Land-expropriated farmers who are not included in the urban social security system can participate in the new rural cooperative medical system.
Twenty-second localities should provide pre-employment skills training for landless farmers and create conditions for the employment of landless farmers.
Twenty-third basic living security funds are not paid in full and on time, and the administrative responsibility of the relevant personnel shall be investigated according to law.
Article 24 Any state functionary who neglects his duty, abuses his power or engages in malpractices for personal gain in the compensation for land acquisition and the basic livelihood guarantee for landless farmers shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
By land acquisition units or relevant departments to resort to deceit, impersonator, interception, misappropriation of land acquisition compensation and resettlement fees, by the land administrative departments of the people's governments at or above the county level shall be ordered to make corrections, and the administrative responsibility of the person in charge and other directly responsible personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Obstruct, destroy the land acquisition work, prevent land managers from performing official duties according to law, and 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 a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fifth city people * * * should formulate detailed rules for implementation according to these measures, and report to the provincial people * * * for the record.
Twenty-sixth the implementation since September 6, 2005.
Attachment: 1 Classification table of standard area for land requisition compensation
2. Minimum standard table of basic living guarantee for landless farmers.
Attachment 1:
Land requisition compensation standard regional classification table
│ │ │ │ │ │ 947 Chong 'an District, Nanchang District, Beitang District, Binhu District, Xishan District, Huishan District, Jiangyin City, Tianning District, Paris District, Qishuyan District, Wujin District, Xinbei District of Changzhou City, Pingjiang, Canglang, Jinchang, huqiu district, Wuzhong, Suzhou City. Jingkou District of Zhenjiang City, Runzhou District, Hailing District of Taizhou City, gaogang district City, Lishui County and Lishui County. Hanjiang, Baoying, Gaoyou, Yizheng and Jiangdu in Yangzhou, Dantu, Yangzhong, Jurong and Danyang in Zhenjiang, Jiangyan, Taixing and Jingjiang in xinghua city, and Sucheng District in Suqian. Yancheng Yandu District, Xiangshui County, Binhai County, Funing County, Sheyang County, jianhu county, Dafeng City, Dongtai City, Suyu County, Shuyang County, Siyang County and Sihong County.
Attachment 2:
Minimum standard table of basic living guarantee for landless farmers
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Release Department: Jiangsu Province * * * Release Date: July 3, 20051Implementation Date: September 0, 20051(local regulations)
Jiangsu Province Land Expropriation Compensation Standard (I) Land Expropriation Compensation
1, cultivated land compensation standard
The average compensation for dry land is 53,000 yuan per mu.
The average compensation for paddy fields is 90,000 yuan per mu.
The average compensation per mu for vegetable fields is 6.5438+0.5 million yuan.
2, the collection of basic farmland compensation standards
The average compensation for dry land is 58,000 yuan per mu.
The average compensation for paddy fields is 99,000 yuan per mu.
The average compensation per mu for vegetable fields is 6.5438+0.56 million yuan.
3. The average compensation per mu for requisition of forest land and other agricultural land is 6,543,800 yuan+0,380 yuan.
4. The average compensation per mu for expropriation of industrial and mining construction land, villagers' houses, roads and other collective construction land is 6,543,800 yuan+0,360 yuan.
5. Requisition of Kucheji, barren hills, wasteland, wasteland, barren ditch and unused land, with an average compensation of 2 1 10,000 yuan per mu.
(2) Other taxes and fees
1, farmland occupation tax, calculated at 2 yuan per square meter.
2, commodity vegetable development and construction fund, calculated at per mu 1 ten thousand yuan.
3. The land acquisition management fee is calculated at 3% of the total land acquisition cost. By the land and resources department in strict accordance with the relevant provisions.
4, cultivated land occupation and compensation balance cultivated land reclamation fee, an average of 4000 yuan per mu, as a whole to adjust the use, the provincial department of land and resources is responsible for supervision and acceptance.
(3) Work procedures for land acquisition
1. Notify the land requisition.
2. Confirm the results of land acquisition survey.
3. Organize land requisition hearings.
4. Sign the land acquisition compensation agreement.
5. Open land requisition approval.
6. Pay compensation and resettlement fees for land acquisition.
Jiangsu Wuxi land expropriation compensation standard is also based on the standard stipulated in Article 47 of the Land Administration Law of the People's Republic of China. According to different agricultural output values in different places, the compensation per mu is between 6.5438+0.5 million yuan and 30,000 yuan.
Compensation standard for land requisition Xiaoshan District comprehensively improves the compensation standard for land requisition.
Source: Zhejiang Provincial Department of Land and Resources.
2007-06-22
A few days ago, Xiaoshan District Committee and District * * * issued the Notice on Adjusting the Comprehensive Price of Land Acquisition Compensation Zone, comprehensively adjusting and improving the comprehensive price standard of land acquisition compensation zone. After adjustment, the comprehensive price of regional plots is RMB per mu 104649, which is 307 165438 0 yuan higher than the original average of RMB 73938 per mu. Among them, village-level compensation funds increased by113 yuan per mu, land compensation fees increased by 3,477 yuan per mu, resettlement subsidies increased by 14388 yuan per mu, and land acquisition adjustment funds increased by 1633 yuan per mu.
The standard of compensation for land requisition refers to the standard of comprehensive calculation of compensation for land requisition based on land type, land annual output value, land location registration, agricultural land grade, per capita cultivated land quantity, land supply and demand, local economic development level and minimum living guarantee for urban residents within the scope of land use determined in the Master Plan, and then divided by region.
The adjustment of the compensation standard for demolition shall be announced by the people of cities and counties. According to the law of our country, all localities should adjust the compensation standard for land acquisition every two to three years according to the level of economic development and the growth rate of local per capita income, and gradually improve the compensation level for land acquisition. Provinces that have implemented the compensation standard for land expropriation for more than a specified time will not be able to pass the land use review if they are not adjusted in time. All kinds of specific price compensation standards are set by the district and county price bureaus according to the local economic level and per capita income level.
Land expropriation is generally compensated in accordance with the provisions of Article 47 of the Land Administration Law of the People's Republic of China. According to the difference of the average output value in the three years before land acquisition, the compensation per mu is about 654.38+0.5 million yuan to 30 thousand yuan. At present, the Notice of the Ministry of Land and Resources on Further Improving the Management of Land Requisition and the Emergency Notice on Further Strengthening the Management of Land Requisition and Demolition and Effectively Safeguarding the People's Legal Rights and Interests have just been issued.
Compensation standard for commercial land acquisition in Caoji Township, suyu district, Suqian City, Jiangsu Province! There is no water of 32,000 and drought of 26,000. Relocated households are compensated according to the average price of local commercial housing.
Jiangxi land requisition compensation standard The average standard of land requisition compensation for counties (cities, districts) in Jiangxi Province is divided into districts, cities, counties (cities, districts), and the average value of districts and cities. Nanchang donghu district 108634 25680 Xihu District 15 1736 qingyunpu district 1 23532 Wanli District 22794 Qingshan Lake District 59094 Nanchang County 24689 Xinjian County 30268 Nanchang National High-tech Development Zone 2442 1 Honggutan New District 48630 Sang Hai Development Zone 19626 Hero Development Zone 26256 Jiujiang Xunyang District 3492 1 2 Lushan District 2510. 12 Yongxiu 23035 Dean 225 14 Xing Zi 223 12 Hukou 225 14 Duchang 22322 Pengze 22322 Economic and Technological Development Zone 2767 1 * * Qingcheng Development Zone 220 16. Kloc-0/8838+080 Xinyu Yushui 23620 2272 1 Fenyi 2 157 1 yingtan Yuehu 34920 24573 Guixi 24907 yujiang county County 22938 Longhushan Scenic Area 2133/Kloc-. 0 Xinfeng 22900 Dayu 2 1600 Shangyou 22500 Chongyi 22300 Anyuan 22300 Longnan 22 100 Dingnan 2 1300 Quannan 2 1000 Ningdu 22300 Du Yu 23000 Xingguo 2200 Ruijin 2300 Huichang. 8+0900 Shicheng 2 1000 Yuanzhou 23500 22550 Zhangshu 23043 Fengcheng 23034 Jing 'an 2 1704 Fengxin 2024 Gaoan 2302 1 Gaoan 22927 Tonggu 2 1602 Yifeng 2/kloc. State 27656 22762 Shangrao 24790 Guangfeng 25720 Yushan 22820 Hengfeng 22068 Yiyang 22470 Dexing 22840 Wuyuan 2 1935 Lead Mountain 229.26 million 2 1767 Yugan 2 1775 Poyang 2 1824 Ji 'an. 438+0 220 14 Qingyuan District 22079 Jinggangshan 2 1302 Ji 'an 2 1388 Jishui 2395 Yongfeng 2 1486 Xingan 2 1364 Xiajiang 2 1975 Sui. 5438+0Wan 'an 23888 Yongxin 2 1966 Fuzhou Linchuan 22554 2 1637 Zixi 2 1474 Chongren 2 1437 Jinxi 2 123 1 Nanfeng 22377. 438+0008 Guangchang 2 1429 Yihuang 2089 1 Lichuan 2 13 15
What is the compensation standard for land acquisition in Jiangsu? Land compensation+land property compensation+resettlement compensation
20 1 1, the compensation standard for land acquisition shall prevail. There are analysis and explanations of relevant standards in the forum, as follows:
1.20 10 In July, the Ministry of Land and Resources issued the Notice on Further Improving the Management of Land Requisition, demanding that the management of land requisition be further improved. According to the circular, the unified annual output value standard of land acquisition and the comprehensive land price of each district will be fully implemented, and the compensation and resettlement fees will be paid directly to the land-expropriated farmers.
Second, the implementation of the new standard makes the calculation method of land expropriation compensation standard more reasonable, and changes the previous method of calculating land expropriation compensation standard according to the annual output value of specific plots of expropriated cultivated land. Among them, the unified annual output value of land acquisition is the compensation standard for land acquisition by comprehensively considering the annual output value of agricultural land in a certain area; The comprehensive land price of the expropriated area is a compensation standard for land expropriation, which comprehensively considers many factors such as land type, output value, land location, local economic development level, and the minimum living security level of urban residents in a certain area. This time, the compensation standard has been generally raised, with an average increase of 20%-30%. In addition, it embodies the principle of the same price in the same place. It is emphasized that in the same area or region, the same standard should be implemented for land acquisition compensation.
Three, the "Notice" pointed out that land acquisition compensation should pay in place within 3 months from the date of approval of the land acquisition compensation and resettlement plan. In order to ensure that farmers can get their own compensation for land acquisition, first of all, the construction project is required to include the compensation for land acquisition in full in the project investment budget. Secondly, after the approval of land acquisition, the land and resources departments of cities and counties should pay the compensation and resettlement fees payable to the landless farmers directly to the individual farmers in accordance with the determined compensation and resettlement plan, instead of paying them through towns and villages, so as to prevent the problem of interception and misappropriation of land acquisition compensation. The third is to improve the feedback system, requiring the land and resources departments of cities and counties to report the implementation of land acquisition compensation to the Ministry and the province within the specified time, and earnestly strengthen the supervision after land acquisition.
Four, the "Notice" pointed out that land acquisition compensation paid part of the land-expropriated rural collective economic organizations and part of the land-expropriated farmers according to law, and the specific distribution method was stipulated by the province. According to the local distribution method, combined with the resettlement method, the compensation fee that should be paid to the landless farmers is directly paid to the individual farmers by the local land acquisition department. All localities use agricultural subsidies and other related funds to pay directly to farmers, and pay compensation for land acquisition directly to farmers.
Five, the "notice" pointed out that resettlement before demolition is not a simple construction before demolition, but before the implementation of demolition, take a variety of ways to properly arrange the housing problems of the farmers to be demolished, including building resettlement houses or formulating feasible resettlement plans and obtaining the consent of the farmers to be demolished, so as to prevent the farmers from living without landing after demolition and affecting their production and life. The compensation and resettlement plan for demolition should be formulated reasonably according to local conditions. The outer suburbs of the city and rural areas are mainly relocated, and the housing construction on the homestead is rearranged.
Six, in recent years, in order to solve the long-term livelihood problems of landless farmers, the land and resources departments cooperate with the social security departments to actively promote the social security work of landless farmers. In 2009, the State Council approved the establishment of a new rural social endowment insurance system. When land is requisitioned in the pilot area of the new rural endowment insurance, if the land-expropriated farmers have been included in the new rural endowment insurance, they should also implement social security for the land-expropriated farmers and implement "double insurance". The new rural insurance should not replace the social security of landless peasants.
Seven, the "notice" pointed out that the scheme involving the interests of landless farmers can not be reduced or simplified. Simplifying the implementation procedure after the approval of land acquisition means that the compensation and resettlement plan for land acquisition has been drawn up before the approval of land acquisition, and the opinions of the masses have been solicited. After the approval of land acquisition, the announcement of land acquisition and the announcement of land acquisition compensation and resettlement plan can be carried out simultaneously to improve work efficiency. In fact, land acquisition procedures should be advanced as far as possible, and there should be no repeated procedures. The procedures of informing, confirming and hearing the interests of landless farmers cannot be reduced or simplified, and will not cause land acquisition disputes.