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Article 1 These Measures are formulated in accordance with the Regulations on Land Expropriation for National Construction (hereinafter referred to as the Regulations) and the Measures for the Implementation of Land Expropriation for National Construction in Guangdong Province (hereinafter referred to as the Implementation Measures), combined with the actual situation in Guangzhou.
Article 2 Within the administrative area of Guangzhou City, if the state needs to requisition land or demolish houses for economic, cultural and national defense construction, public utilities and municipal facilities, it must do so in accordance with the provisions of national laws and regulations, provincial implementation measures and these implementation measures.
Article 3 All projects must conform to the requirements of the overall urban construction plan, follow the principle of economy and rationality, make overall arrangements and save land. If there is wasteland that can be used, it shall not occupy cultivated land; If there is inferior land available, it shall not occupy fertile land; Don't substitute less for more or more.
Article 4 Procedures for requisitioning land:
A, in the suburbs of Guangzhou, Huangpu District, the expropriation of collectively owned land or the use of state-owned land, land units must hold the construction project plan approved by the procedures prescribed by the state or the relevant documents of the competent authorities at a higher level, and apply to the competent department of city planning, which should draw up the location, area and scope of land use, and after the approval of the land acquisition examination and approval authority, delimit the land use scope line and issue a construction land requisition certificate. Guangzhou Municipal People's Government shall organize land-using units, land-expropriated units (individuals) and relevant units to negotiate compensation and resettlement agreements for land acquisition and demolition, and issue land use certificates.
Second, the requisition of land belonging to counties in Guangzhou requires the land-using unit to apply to the county people's government with the construction project plan approved by the procedures prescribed by the state or the relevant documents at a higher level. The county people's government shall organize the land-use units, land-acquisition and demolition units (individuals) and relevant units to negotiate compensation and resettlement agreements for land acquisition and demolition, and issue land use certificates after approval by the land-acquisition examination and approval authorities. Counties should obtain the consent of the competent department of urban planning before requisitioning land within the control scope of Guangzhou's overall urban planning.
Three, urban development land, by the unit responsible for unified development in accordance with the provisions of the first and second items of this article for land acquisition and demolition procedures.
Article 5 When land is requisitioned, the land-using unit shall pay the land compensation fee to the land-expropriated unit. The standards and calculation methods of land compensation fees are as follows:
First, the paddy fields, dry land, vegetable fields, orchards, fish ponds and lotus ponds in the suburbs of Guangzhou and Huangpu District were requisitioned and compensated at six times their annual output value.
Two, the expropriation of paddy fields, dry land, vegetable fields, orchards, fish ponds and lotus ponds in counties of Guangzhou, according to their annual output value of four to six times the compensation.
Three, the expropriation of forest land with public grain purchase or tax burden, with reference to four times the annual output value of local cultivated land compensation.
Fourth, the expropriation of woodland and wasteland without public grain purchase or tax burden shall be compensated according to the cost, and the cost amount shall be proposed by the land-expropriated unit, and shall be submitted to the county (district) people's government for approval after being audited by the local CCBA.
Five, the calculation method of annual output value is, according to the statistical annual report, calculate the average annual output value of the three years before the negotiation of land acquisition plan, multiplied by the price stipulated by the state (including purchase price and overbought price); Agricultural products whose prices are not stipulated by the state shall be calculated according to the agreed purchase price stipulated by the local competent department at that time.
The land that has not been profitable for three consecutive years before the negotiation of the land acquisition plan will not be compensated.
Article 6 Where there are young crops on the expropriated land, the land-using unit shall pay the young crops compensation fee to the expropriated unit. Short-term crops are compensated according to their output value; Flowers, trees, etc. , growth and harvest for many years, according to its planting years and production years of compensation for one to four times the output value. The output value of each product is calculated by multiplying the average output of this variety by the price stipulated by the state in normal years in the region, and the products that belong to the unified purchase and distribution are calculated by the national unified purchase and distribution pricing. Other products are calculated according to the agreed purchase price stipulated by the local competent department at that time.
Crops planted after land acquisition scheme negotiation will not be compensated.
Seventh farmland irrigation and drainage facilities on requisitioned land, which are demolished or damaged due to national construction, shall be repaired or rebuilt by the land-using unit, and shall not delay the farming season; If the production is not needed and the land-expropriated unit does not require repair or reconstruction, the land-using unit shall give reasonable compensation.
No compensation will be paid for the facilities built after the negotiation of the land acquisition plan begins.
Article 8 If the vegetable fields, fish ponds and lotus ponds in Shijing, Xin □ (), Shahe, Sanyuanli, Dongpu, Hedong, Dasha and Nangang in Huangpu District, a suburb of Guangzhou are requisitioned, in addition to compensation as required, the development and construction fund for new vegetable fields, fish ponds and lotus ponds shall be paid to the municipal vegetable production department, and the amount per mu shall be nine times of the average annual output value in the three years before land acquisition, and the fund shall be used for special purposes.
If the state needs to requisition vegetable fields, fish ponds and lotus ponds for the construction and expansion of public roads and bridges, it shall pay half of the funds for the development and construction of new vegetable fields, fish ponds and lotus ponds.
Article 9 Land-using units shall pay resettlement subsidies to the agricultural population who need to be resettled due to the requisition of cultivated land. The number of agricultural population to be resettled shall be calculated according to the proportion of agricultural population before land acquisition by the land acquisition unit (excluding the population moved in after land acquisition scheme negotiation), cultivated land area and land acquisition quantity.
The resettlement subsidy for each agricultural population in need of resettlement is two to three times the annual output value of the expropriated cultivated land per mu. However, the resettlement subsidy per mu of cultivated land shall not exceed ten times its annual output value. Under special circumstances, if more than 5 agricultural people need to be resettled per mu of cultivated land, the resettlement subsidy may be appropriately increased upon examination and approval by the Guangzhou Municipal People's Government, but the sum of land compensation fee and resettlement subsidy shall not exceed 20 times of the annual output value of the expropriated land.
Article 10 All kinds of compensation fees and resettlement subsidies received by land-expropriated units shall be used for developing agricultural production or setting up industries, sideline businesses and service industries, except that the property rights attached to the expropriated land really belong to individuals, and the compensation fees for young crops shall be used as the production income of the current year. In order to resettle the surplus labor force after the land is requisitioned, or as a living allowance for the unemployed, it shall not be used for other purposes, and the relevant leading organs and other units shall not occupy it under any pretext.
If the land-expropriated units have recruitment targets in the recruitment plan for land-expropriated farmers issued by their superiors, they shall be reported to the Guangzhou Municipal People's Government for approval after being audited by the Guangzhou Municipal Labor Department (the central and provincial units stationed in Guangzhou still need to be audited by the provincial labor department and submitted to the provincial people's government for approval). Among the agricultural population in need of resettlement, according to the provisions of the recruitment system and recruitment conditions, some agricultural laborers can be selected, and the resettlement subsidies of land-expropriated units can be reduced accordingly.
Article 11 When calculating the agricultural population that needs resettlement, the land-expropriated unit shall deduct the agricultural population that has received resettlement subsidies in the past, and shall not make double calculations.
Article 12 Where rural collective economic organizations need to use collectively owned land to set up enterprises, institutions and other construction projects, they must go through the examination and approval procedures in accordance with the provisions of the state on the management of rural construction land, and pay various compensation fees and resettlement subsidies with reference to the provisions of Articles 5, 6, 7, 8 and 9 of these Measures.
Article 13 Where the tasks of purchasing and transporting grain and agricultural and sideline products undertaken by the land-expropriated unit are correspondingly reduced, the local county (district) people's government shall be responsible for handling the land, and report it to the Guangzhou Municipal People's government for approval. Measures for the reduction and exemption of agricultural tax shall be implemented in accordance with the provisions of the province on the collection of agricultural tax.
Fourteenth state-owned land needs to be used for national construction, and it can be used only after approval in accordance with the examination and approval procedures and authority stipulated in Article 4 of these Measures. To recover the state-owned land cultivated by farmers for a long time, appropriate subsidies may be given, and the subsidies shall be paid by the land-using units in accordance with the land compensation standards stipulated in Article 5 of these Measures; Other compensation fees and subsidies shall be handled in accordance with the provisions of Articles 6, 7, 8 and 9 of these Measures. For the land reclaimed by the construction unit but not lent to farmers for farming, only the compensation fee for young crops will be paid.
Article 15. If the approved land for expropriation is left idle for two years without the consent of the original approving authority from the date when the license for expropriation of construction land is issued, it will automatically become invalid, and it will be recovered by the people's government of the city or county (district) that originally approved the expropriation of land and used for other purposes. The original land use unit shall not dispose of it without authorization, and no unit or individual may occupy it. Compensation fees and resettlement subsidies paid by the original land units in accordance with state regulations shall be returned to the original land units by the new land units in accordance with relevant state regulations.
Sixteenth demolition of urban housing, urban residents should be built or allocated by the land unit, and properly resettle the relocated households. Demolition for housing, the demolition of houses in principle, on-site or nearby resettlement.
Housing placement for relocated households refers to the original housing area and quality arrangement of relocated households, but if the original per capita living area is less than five square meters, it shall be placed according to the per capita living area of five square meters, and the population composition shall be properly taken care of. For those who move from Guangzhou to suburbs, counties and towns, the area of resettlement houses can be increased by 35% to 50%.
Resettlement of the relocated households' housing population is calculated according to the actual resident population of the permanent residence, but under any of the following circumstances, it can be included in the calculation range of the housing population that needs to be resettled:
1. One of the husband and wife works in the field;
Two, the original permanent residence of the relocated households, but also the immediate family members of the household, because of service, school, nursery has moved out;
Three, the only child has received the one-child certificate according to the calculation of two children.
The relocation expenses of the relocated households shall be paid by the land unit according to the provisions of the local real estate management department.
Seventeenth demolition of urban units of public housing and private housing with legal property rights, property rights and production price compensation, according to the following provisions:
First, the demolition of private houses with legal property rights must be reasonably evaluated and calculated in accordance with the unified production price standard approved by the municipal and county people's governments, and the land-using units will compensate the owners. If the owner requests to return the property right of the house, the land-using unit shall make up the house with roughly the same construction area and quality. The production price of the house shall be calculated according to the unified production price standard approved by the people's government of the city or county, and the owner shall pay 70% to the land-using unit. Both parties shall settle the price difference, and make up more and make up less.
Owners who want to return the property rights of the house should continue to retain the lease relationship of the original lessee in the case of renting the original house. And in accordance with the "Regulations on the Administration of Urban Private Houses" issued by the State Council, the lease contract was re-signed to clarify the rights and obligations of both parties.
Two, the demolition of real estate management departments and civil affairs departments operating housing, land units should make up the building area and quality of housing, or compensation for the production price of the original housing.
Three, the demolition organs, military units, schools, enterprises, institutions, people's organizations and other units occupied houses, by land units according to the investment and the required materials to rebuild the original construction area and quality of housing, allocated to the demolition units to rebuild themselves; If it is indeed difficult for the demolition unit to rebuild itself, the land-using unit shall re-apply for land requisition and be responsible for the relocation; Units to be demolished need to expand the construction area and improve the quality of housing, should be reported to the examination and approval authority for approval, and bear the increased costs and materials. The property right of the newly built house belongs to the demolition unit.
Eighteenth temporary relocation households, according to the following provisions:
One, by the relocation unit to solve temporary housing or relocation households to visit relatives and friends to solve temporary housing, by land units in accordance with the provisions of the local real estate management department to give subsidies. If the unit where the relocated households are located solves the temporary housing, 80% will be subsidized to the unit and 20% will be given to the relocated households.
Two, the relocation of households by land units to resettle temporary housing, the rent is calculated according to the 30% preferential standard of civil public housing rent; But living in a temporary and simple house can be exempted from paying rent.
Relocated households are self-occupied private owners, and no matter what kind of house they temporarily live in, they are exempt from paying rent.
Three, the relocation of households in the temporary residence period of water and electricity costs, will be responsible for the payment.
Nineteenth relocated households move into newly rented houses, and shall pay the rent according to the regulations from the date of moving in.
For the private owner-owned houses that have been requisitioned and demolished, the requisitioning unit will subsidize the rent by 30% for a period of 7 years.
Twentieth demolition of overseas Chinese, Hong Kong and Macao compatriots, compatriots in Taiwan Province Province and foreign Chinese have legitimate property rights of private houses, should be strictly controlled and properly taken care of. In addition to national construction projects, municipal public facilities and urban planning, demolition is generally not allowed. Demolition of houses, to properly take care of the owner's house address and living area.
Twenty-first the demolition of churches, temples, Taoist temples and their affiliated houses of religious groups shall be approved by the religious authorities and handled in accordance with the relevant provisions of the state.
Twenty-second demolition of houses occupied by rural collective economic organizations, the compensation and resettlement measures, can be handled with reference to the provisions of the third paragraph of article seventeenth of these measures.
Twenty-third demolition of rural work-study farmers and farmers' self-occupied houses, should be based on the principle of building first and then demolition, by the land unit to rebuild houses with the same area and quality as the original houses, or by the owners themselves to pay for the relocation; Demolition of pig houses, fences, sheds and other houses and their ancillary buildings, land units should also rebuild or pay for reconstruction funds and materials.
Twenty-fourth demolition of the original agricultural households due to land acquisition into non-agricultural households housing, the compensation and resettlement measures, according to the provisions of the first paragraph of Article 16, Article 17 of these measures.
Twenty-fifth demolition of private houses, the real estate management department issued a notice. The owner shall, within one month from the date of service of the notice (within three months for compatriots from Hong Kong and Macao, and within six months for compatriots from Taiwan Province Province and overseas Chinese), bring the house ownership certificate (or other valid documents) to the local land acquisition management institution to negotiate and handle the house demolition procedures; If it is not done within the time limit, the real estate management department will deal with it according to different situations, according to the absence, non-acceptance and ownerless of the owner, and the compensation for the demolished house will be managed by the real estate management department without interest.
Twenty-sixth in the expropriation of land, all units and individuals illegally built houses and other buildings, should be handled in accordance with the relevant provisions of illegal buildings, does not belong to the scope of compensation for demolition and resettlement.
Article 27 If it is necessary to move a grave due to construction land, the real estate management department will issue an announcement and publish it in a newspaper for three days, informing the grave owner to go through the formalities of moving a grave within one month (three months for compatriots in Hong Kong and Macao and six months for compatriots in Taiwan Province Province and overseas Chinese), and the land-using unit will pay the cost of moving a grave. If no one moves at the expiration of the period, the land-using unit will move to the place designated by the city planning department for burial or cremation. The specific location of buried and cremated ashes shall be registered and preserved by the civil affairs department number, and the preservation period of ashes shall be handled in accordance with relevant regulations.
The relocation of the tombs of martyrs, foreigners and ethnic minorities shall be handled in accordance with the provisions of the civil affairs department.
Twenty-eighth in the expropriation of land found in cultural relics or ownerless property, land units and construction units should be responsible for the protection, and report to the relevant departments of the city and county (District) people's government.
Twenty-ninth since the date of the issuance of the construction requisition permit, no unit or individual may build, dismantle, rebuild or rebuild the above-ground and underground buildings within the scope of the expropriated land and the demolished houses; Shall not change the lease relationship or change the use of the house; No more room change and transaction procedures. The public security organs should strictly control the household registration or enter the household according to the regulations.
Before the demolition of dangerous houses within the scope of demolition, land units should take safety measures.
Units and individuals that have been demolished by land acquisition shall obey the needs of national construction, actively cooperate with them, and shall not hinder or obstruct the work of land acquisition and demolition.
Thirtieth land units and land acquisition units or individuals in dispute, either party may apply to the land acquisition management agencies for arbitration, land acquisition management agencies shall make a ruling within one month. If a party refuses to accept the decision, he may bring a suit in a people's court within 15 days from the date of receiving the notice of ruling. If neither prosecution nor performance is carried out at the expiration of the time limit, the administrative land acquisition institution or the party concerned shall submit it to the people's court for compulsory execution according to law.
Thirty-first violation of these measures, depending on the seriousness of the case, according to the following provisions:
A, where not according to the provisions of the implementation measures for approval, or take illegal means to obtain approval for land requisition, and ultra vires approval for land requisition, land acquisition agreement shall be null and void. If the circumstances are serious, the person in charge and the person directly responsible shall be given administrative sanctions and may also be fined.
Two, misappropriation or occupation of compensation and resettlement subsidies, or fraud to obtain compensation and resettlement, shall be ordered to make restitution; If the circumstances are serious, the person in charge and the person directly responsible shall be given administrative sanctions and may also be fined.
Three, land units without authorization to raise compensation fees, resettlement subsidies and moving expenses, should be corrected, and depending on the seriousness of the case, the person in charge and the person directly responsible shall be given administrative sanctions.
Four, where the occupation of land, sale, lease or disguised sale, lease of land, illegal transfer of land, land will be recovered, confiscate their illegal income, and impose a fine on the person in charge and the person directly responsible. Buildings that have been built on the land shall be confiscated or demolished within a time limit.
Five, in the process of land acquisition and demolition, inciting people to make trouble, beating land acquisition and demolition staff, obstructing national construction, corruption and bribery, theft of state and collective property, extortion and other illegal and criminal acts, which constitute a crime, shall be investigated for criminal responsibility by judicial organs according to law; If the circumstances are minor and do not constitute a crime, the relevant departments shall deal with them in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Six, the amount of personal fines, the minimum is fifty yuan, the maximum does not exceed the sum of my six months' income, and the fine shall be borne by the individual.
Seven, above, administrative sanctions by the land management agencies put forward opinions, reported to the county (District) people's government for approval, and ordered the unit or its superior competent authorities to decide and implement; Economic sanctions shall be decided by the land acquisition administrative organ and shall be implemented within a time limit. If a party refuses to accept it, he may bring a lawsuit to the people's court before the expiration of the time limit. If neither prosecution nor performance is made at the expiration of the time limit, the administrative land acquisition institution shall request the people's court for compulsory execution according to law.
Thirty-second before the promulgation of these measures, an agreement on land acquisition and demolition has been signed in accordance with the relevant provisions of the state, and the original agreement shall still be implemented.
Article 33 These Measures shall come into force as of the date of promulgation. 1982 17 In February, the Guangzhou Municipal People's Government promulgated the Interim Measures for Compensation for Land Acquisition, Demolition and Resettlement of Capital Construction in Guangzhou, which is now abolished.