Resettlement method
Article 1 In order to standardize collective land expropriation and compensation and resettlement for house demolition, protect the legitimate rights and interests of collective economic organizations, villagers (residents) and people who have been demolished, and ensure the smooth progress of various constructions, according to the Land Management Law of People's Republic of China (PRC), the Regulations for the Implementation of the Land Management Law of People's Republic of China (PRC), and the Measures for the Implementation of the Land Management Law of the People's Republic of China in Hunan Province, etc.
Article 2 Within the administrative area of Chenzhou City, where the expropriation of collectively owned land involves land expropriation, compensation and resettlement for house demolition, compensation for young crops and other ground attachments, these Measures shall apply; Unless otherwise stipulated by the state and the province, such provisions shall prevail.
The term "demolished person" as mentioned in these Measures refers to the person who has obtained the ownership of the demolished house and the attached objects on the ground within the scope of land acquisition according to law.
Article 3 The municipal, county and municipal people's governments shall be responsible for collective land expropriation, compensation and resettlement for house demolition and compensation for young crops and other ground attachments within their respective administrative areas.
Under the leadership of the Municipal People's Government, the municipal land and resources department is responsible for guiding the collective land expropriation and house demolition, compensation and resettlement of young crops and other ground attachments in the city, managing and organizing the implementation of the collective land expropriation and house demolition, compensation and resettlement of young crops and other ground attachments in Beihu District, Suxian District, Chenzhou High-tech Industrial Park (Chenzhou Export Processing Zone) and Chenzhou Economic Development Zone.
Under the leadership of the people's government at the same level, the land and resources departments of counties and cities are responsible for managing and organizing the implementation of collective land expropriation, compensation and resettlement for house demolition, compensation for young crops and other ground attachments within their respective administrative areas.
Development and reform, finance, supervision, civil affairs, human resources and social security, price, housing and urban construction, planning, real estate, public security, agriculture, forestry, statistics, legal system and other relevant departments, under the leadership of the people's government at the same level, participate in collective land expropriation, compensation and resettlement for house demolition, compensation for young crops and other ground attachments according to their respective responsibilities, and cooperate with the land and resources departments to do related work well.
Township People's governments (street offices) and village (neighborhood) committees shall assist the relevant departments to do a good job in compensation and resettlement for land acquisition and demolition, and be responsible for doing a good job in the ideological work of those who have been taken down by land acquisition.
Article 4 The compensation and resettlement funds for house demolition and relocation on collective land shall be calculated according to 5% of the total compensation for house demolition and resettlement, young crops and other ground attachments on collective land, and included in the land acquisition cost.
People who have been taken to actively cooperate with the work and demolish the land within the prescribed time limit may be given appropriate rewards. The specific measures shall be formulated by the municipal, county and municipal people's governments, and the incentive funds shall be included in the cost of land acquisition.
Fifth before the implementation of land acquisition and demolition, we must organize the social stability risk assessment according to the principle of "territorial management, who is in charge, who is responsible", put forward the risk resolution plan and formulate the emergency plan.
Article 6 After the scope of the land to be expropriated is determined, before the land requisition plan is submitted for approval, the land and resources department shall publish the announcement of the land to be expropriated in a prominent position in the township (street), village (community) and group where the land to be expropriated is located, inform the collective economic organizations, village (residents) and others to be demolished, and inform the relevant departments by letter.
After the announcement of land expropriation is issued, the land and resources department shall investigate the status quo of the demolished houses, ground attachments and young crops within the scope of land expropriation, and the investigation results shall be signed by the demolished people for confirmation; If the demolished person refuses to sign for confirmation without justifiable reasons, the land and resources department shall, jointly with the Township People's Government (street offices), take photos and videos. Obtain evidence, or notarize it, as the basis for the implementation of compensation and resettlement for land acquisition and demolition.
After the announcement of land expropriation is issued, no unit or individual may rob to build buildings (structures) such as houses, or carry out surprise decoration on buildings (structures) such as houses, or rush to plant young crops, or arbitrarily change the approved land use.
After the announcement of the expropriated land is issued, the local public security and other relevant departments will suspend the formalities for examination and approval of the household registration and household registration of the expropriated collective economic organizations (except for special circumstances such as birth, marriage, graduation of students, returned overseas Chinese, discharge from the army and release from prison); Planning, land resources and other departments should suspend the approval and change registration procedures for rural homestead land and housing reform (expansion).
Article 7 After the land acquisition plan is approved according to law, the municipal or local county or municipal people's government shall issue a land acquisition announcement according to law within 10 working days from the date of receiving the approval document of the land acquisition plan. The announcement of land expropriation shall include the following contents:
(a) land acquisition approval authority, approval number, approval time and purpose;
(two) the ownership, location, land type and area of the expropriated land;
(3) compensation standards for land acquisition;
(four) the way of agricultural personnel placement;
(five) the time limit and place of land acquisition compensation registration;
(6) Other contents stipulated by laws and regulations.
The person to be demolished shall, within the time limit stipulated in the announcement, go through the compensation registration at the designated place with the collective land use certificate or other legal and valid documents. The compensation registration shall be investigated and verified by the land and resources department. If the demolished person fails to apply for compensation registration within the time limit, the land and resources department may take the survey results as the basis for compensation.
After the announcement of land requisition, the municipal, county and municipal departments of land and resources shall, according to the land requisition plan approved according to law, jointly with the relevant departments, draft the announcement of land requisition compensation and resettlement plan, and publish it in the prominent position and media of the town (street), village (community) and group where the land requisition is located for comments. The announcement period shall not be less than 10 days. The announcement of land acquisition compensation and resettlement plan shall include the following contents:
(a) the location, land type and area of land acquisition, the types and quantities of attachments and young crops on the ground, and the number of agricultural population to be resettled;
(two) the standard, amount, payment object and payment method of land acquisition compensation;
(3) Compensation standards and payment methods for villagers' houses and other ground attachments and young crops;
(four) the placement of agricultural personnel;
(five) other specific measures related to land acquisition compensation and resettlement;
(six) the right, time limit, ways and means to apply for a hearing;
(seven) other contents stipulated by laws and regulations.
Land-expropriated collective economic organizations, villagers (residents) or other residents who have different opinions or request a hearing on the compensation and resettlement scheme for land expropriation shall, within 10 working days from the date of the announcement of the compensation and resettlement scheme for land expropriation, submit it to the municipal, county and municipal land and resources department that issued the announcement.
The land and resources departments of cities, counties and cities shall carefully study the different opinions put forward by the collective economic organizations, rural villagers or others who have been demolished on the compensation and resettlement plan for land acquisition. If a party requests a hearing, it shall hold a hearing. If it is really necessary to modify the land acquisition compensation and resettlement plan, it shall be carried out in accordance with the relevant laws and regulations and the approved land acquisition plan.
When the municipal, county and municipal land and resources departments report the land acquisition compensation and resettlement scheme to the municipal, county and municipal people's governments for examination and approval, they shall attach the opinions and adoption of the collective economic organizations whose land has been expropriated, rural villagers or other people who have been demolished, and if a hearing is held, the transcripts of the hearing shall also be attached.
Eighth "land acquisition compensation and resettlement program" approved by the municipal, county and city people's government, organized by the municipal, county and city land and resources departments, and in accordance with the provisions of the land acquisition and relocation compensation in full. After the compensation for land acquisition and demolition is paid in full, the demolished person shall dismantle the land within the prescribed time limit. Refuse to vacate the land, the city, county, city land and resources department shall order it to vacate the land within a time limit; If you are not satisfied, you can bring an administrative reconsideration or administrative lawsuit according to law. If it fails to apply for administrative reconsideration or bring an administrative lawsuit within the time limit, it shall apply to the people's court for compulsory execution. If the compensation for land acquisition and demolition is not paid in full, the demolished person has the right to refuse to vacate the land.
Disputes over compensation and resettlement for land acquisition and demolition will not affect the implementation of compensation and resettlement scheme for land acquisition.
Ninth compensation for the demolition of residential houses on collective land, including housing demolition compensation, decoration compensation, moving subsidies and transitional resettlement subsidies.
The compensation fee for house demolition, that is, the replacement fee for the main part of the house, refers to the compensation fee for house demolition given to the demolished person in accordance with the approved use, area, building grade, building structure and the principle of self-demolition. Specific standards shall be implemented according to annex 1.
Housing renovation compensation, that is, the main decoration and interior decoration expenses of the house, refers to the comprehensive one-time compensation expenses given to the demolished houses with legal effect according to the actual decoration construction area and characteristics of the house and the principle of self-demolition. Specific standards shall be implemented according to annex 1.
Moving subsidies and transitional resettlement subsidies are subsidized by households. Specific standards shall be implemented according to Annex 2.
Tenth demolition of collective land on the non residential housing compensation standards in accordance with Annex 3, no longer give resettlement.
Article 11 The resettlement of rural villagers whose land is requisitioned and demolished shall be carried out on a household basis. The resettlement object is:
(a) within the scope of land acquisition, before the announcement of the land acquisition compensation and resettlement plan, the legally acquired residential houses were demolished, which met the conditions for the examination and approval of rural villagers to build houses (hereinafter referred to as "demolition and resettlement households");
(2) Houseless households (hereinafter referred to as "non-demolition and resettlement households") that have been divided into households within the scope of land acquisition or meet the household conditions but have not gone through the household procedures, and meet the approval conditions for rural villagers to build houses before the announcement of the land acquisition compensation and resettlement plan;
(3) Other personnel who can be placed according to laws, regulations and policies.
Twelfth eligible resettlement objects can only enjoy a resettlement treatment. The demolished people have two or more homesteads. After the demolition of some houses, if the remaining homestead area reaches the prescribed land quota standard, it will not be resettled.
Thirteenth rural villagers' houses on the collective land need to be resettled. Outside the urban planning area, the relocation and resettlement are generally carried out in accordance with the principle of' one household, one house, relative concentration, self-demolition and self-construction', and centralized joint construction and resettlement are encouraged when conditions permit, but they must meet the planning requirements; In the urban planning area and the Municipal People's Government, the scope of apartment-style resettlement is clearly defined, and apartment-style resettlement is generally implemented in accordance with the principle of' unified planning, unified design, unified standards and supporting infrastructure'. Measures for apartment-style resettlement shall be formulated separately by the municipal, county and municipal people's governments.
Fourteenth the implementation of relocation, according to the following provisions:
(a) the land for relocation and resettlement is provided by the collective economic organization where the resettlement object is located;
(two) the demolition and resettlement land and other related examination and approval procedures shall be handled by the owner of the land acquisition and demolition project, and bear the relevant expenses;
(3) If centralized joint construction and resettlement are implemented, the expenses for land leveling, water supply, power supply, access and the ultra-deep part of the housing foundation (i.e. the foundation exceeds 1.5m) of the relocation land for the demolition and resettlement households shall be borne by the owners of the land acquisition and resettlement projects;
(four) the implementation of decentralized resettlement, the relocation of households land leveling, water supply, power supply, access, ultra-deep foundation and other related costs, by the land acquisition and demolition project owners according to the actual situation in accordance with the standard of not more than 30 thousand yuan per household to give subsidies;
(5) If it belongs to' non-demolition resettlement households', the resettlement object shall bear the related expenses such as land leveling, water supply, power supply and access, and the foundation (including the ultra-deep part of the foundation).
Fifteenth the following circumstances to implement the purchase compensation, not placement. The compensation standard for purchase is 65438+ 0.40% of the compensation standard for similar house demolition of rural villagers on collective land;
(a) the demolition of houses of urban residents on collective land;
(two) the demolition of their own resettlement, voluntary abandonment of resettlement;
(three) after the relocation and resettlement, the demolition compensation agreement was signed, and he died during the resettlement;
(four) the demolition of schools, temples, ancestral halls and collectively owned public houses on collective land does not need to be rebuilt in different places;
(five) the house demolition on the collective construction land obtained according to law.
Sixteenth land acquisition and demolition involves the right to use collective construction land obtained by enterprises according to law. According to the area of enterprise collective construction land, appropriate compensation shall be given according to the expenses incurred in handling the procedures for the use right of collective construction land with the same area during the demolition. If an enterprise stops production or business, reasonable compensation shall be given through consultation according to the operating conditions, profits, taxes and construction period of the enterprise in the last quarter, and the compensation period shall generally not exceed 9 months. In the "land acquisition compensation and resettlement program announcement" before the release of production and business, no longer compensate for the loss of production and business.
Seventeenth of the collective land demolition of enterprises, involving the relocation of production equipment, according to the actual needs of the relocation of production equipment, as appropriate, to give subsidies.
Article 18 If schools, temples, ancestral temples and collectively owned public houses on collective land need to be rebuilt, the above-ground houses and attachments shall be compensated according to the compensation standards for the demolition of houses of similar structures of rural villagers on collective land, and the demolished shall choose another site for construction in accordance with the regulations; The cost of reconstruction shall be borne by the demolished person, and the relevant procedures for land reconstruction shall be handled by the owner of the land acquisition and demolition project, and the relevant expenses shall be borne by the demolished person.
Nineteenth roads, ditches, canals, dams and other production and living facilities that do not need to be restored and rebuilt in different places within the scope of land acquisition shall be compensated according to Annex 4. Need to restore and rebuild, reconstruction costs borne by the owners of land acquisition and demolition projects, no compensation.
Twentieth demolition of houses and ground attachments on temporary land that have not exceeded the approved use period shall be compensated with reference to the relevant provisions of these measures. Illegal construction of houses and ground attachments, houses and ground attachments that exceed the approved use period on temporary land, houses and abandoned facilities that are suddenly renovated after land requisition notice will not be compensated. If the approved land use is changed without authorization, compensation shall be made according to the original approved use.
Article 21 Buildings and abandoned facilities such as illegally built houses and ground attachments on collective land, houses and ground attachments that exceed the approved use period on temporary land, and houses that have been renovated by surprise shall be demolished free of charge by the construction subject of relevant houses and ground attachments within the prescribed time limit. If it is not removed within the time limit, the relevant departments shall organize the removal according to law.
Twenty-second grave relocation within the scope of land acquisition shall be announced by the department of land and resources. After investigation and verification, the compensation standard shall be implemented according to Annex 5. Graves within the scope of land acquisition shall be moved by the grave owners themselves within the time limit stipulated in the announcement, and the land for moving graves shall be provided by the collective economic organizations whose land has been requisitioned. Overdue relocation, by the land and resources department in conjunction with the civil affairs department, the Township People's government (street offices) and other relevant units for processing.
In the urban construction planning area or the urban-rural fringe, if the land-expropriated collective economic organizations are really unable to provide land for grave removal, they can purchase land for grave removal in different places or move into cemeteries. The specific plan shall be drawn up by the land and resources department in conjunction with the civil affairs department and the township people's government (street office), and implemented after being approved by the municipal, county and municipal people's governments, and the relevant expenses shall be included in the land acquisition cost.
Twenty-third collection of professional vegetable fields, professional fish ponds (ponds) compensation standards in accordance with Annex 6.
Twenty-fourth compensation standards for young crops in paddy fields, dry fields, professional vegetable fields and professional fish ponds (ponds) within the scope of land acquisition shall be implemented according to Annex 7.
Article 25 The compensation standards for young crops of fruit trees, economic forests, timber forests and grasslands within the scope of land requisition shall be implemented according to Annex 8- 10 respectively.
Twenty-sixth nursery compensation standards within the scope of land acquisition shall be implemented according to annex 1 1.
Article 27 The compensation standards for young crops such as scattered trees, bamboos, fruit trees, economic forests, seedlings and flowers within the scope of land requisition shall be implemented according to Annex 12- 14 respectively.
Twenty-eighth state-owned land on state-owned agriculture, forestry, animal husbandry, fishing grounds, housing demolition compensation and resettlement, young crops and other ground attachments compensation standards, with reference to these measures.
Twenty-ninth temporary use of land for project construction, housing demolition compensation and resettlement, young crops and other ground attachments compensation standards, with reference to these measures.
Article 30 The staff responsible for compensation and resettlement for house demolition and relocation on collective land, compensation for young crops and other attachments on the ground, who, in violation of laws, regulations and the provisions of these measures, impersonate, intercept or misappropriate compensation fees and fail to perform their duties as required, shall be investigated for the responsibilities of relevant personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 Where collective economic organizations and individuals whose land has been expropriated practise fraud, forge or alter land ownership, houses, population and other supporting materials to defraud compensation or subsidies for land acquisition, demolition and resettlement, their illegal income shall be recovered according to law, and the relevant administrative organs shall punish them according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-second hinder the staff of state organs to perform their duties according to law, the public security organs shall be punished in accordance with the provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law"; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 33 These Measures shall be implemented as of 1 June 1 day. Other provisions on collective land expropriation and compensation and resettlement for house demolition in Chenzhou City are inconsistent with these measures and shall be abolished by themselves.
Before the implementation of these measures, if the announcement of land acquisition compensation and resettlement scheme has been issued according to law, the original provisions will continue to be used.
Attachment: 1 Compensation Standard for House Demolition and Decoration on Collective Land in Chenzhou City
2 Chenzhou collective land housing relocation subsidies, transitional resettlement subsidies standards.
3 Chenzhou city collective land non residential housing demolition compensation standard
4 Chenzhou city collective land production and living facilities and decoration, renovation project demolition compensation standards.
5. Compensation standard for moving graves in Chenzhou City
6 Chenzhou city, the collection of professional vegetable fields, professional fish ponds (ponds) compensation standards.
7. The compensation standard for young crops in paddy fields, dry fields, professional vegetable fields and professional fish ponds (ponds) in Chenzhou City.
8 compensation standards for young fruit trees within the scope of land acquisition in Chenzhou City
9 compensation standards for young crops of economic forests within the scope of land acquisition in Chenzhou City
10. Compensation standard for timber forest and grassland young crops within the scope of land acquisition in Chenzhou City
1 1. compensation standard for young seedlings in nurseries within the scope of land acquisition in Chenzhou city
12. Compensation standard for young crops of scattered trees and bamboos within the scope of land acquisition in Chenzhou City
13. compensation standard for young crops of sporadic fruit trees and economic forests within the scope of land acquisition in Chenzhou city
14. compensation standard for scattered flowers and seedlings within the scope of land acquisition in Chenzhou city