Article 1 In order to strengthen the expropriation of farmers’ collective land, safeguard the legitimate rights and interests of farmers’ collective land owners and users, and ensure urban construction, according to the Land Management of the People’s Republic of China In accordance with the provisions of laws and regulations such as the "Land Management Law of the People's Republic of China" and "Measures of Anhui Province for the Implementation of the Land Management Law of the People's Republic of China", these measures are formulated based on the actual situation of this city.
Article 2: These Measures apply to the expropriation of land collectively owned by farmers (hereinafter referred to as land expropriation) within the three districts under the jurisdiction of this city.
Article 3 The municipal land and resources department is the administrative department in charge of land acquisition in this city. The land and resources departments of each district are entrusted by the municipal land and resources department to undertake the land acquisition management work in their respective jurisdictions.
Relevant departments such as municipal labor and social security, finance, public security, construction, and real estate shall carry out land acquisition-related work in accordance with their respective responsibilities.
Each district people's government is responsible for organizing relevant government departments at the same level, township (town) people's governments, and sub-district offices to organize and implement land acquisition work within their jurisdiction.
The implementation of land acquisition within the Huaibei Economic Development Zone shall be coordinated by the Huaibei Economic Development Zone Management Committee organized by the district people's government to organize relevant departments of the government at the same level and the township (town) people's government and sub-district offices.
Within the three districts under the jurisdiction of the city, the pension insurance for land-expropriated farmers is led by the municipal labor and social security department, with the cooperation of the municipal land and resources, finance and other relevant departments. The district people’s government organizes the relevant labor and social security departments and townships (towns) Implemented by the people's government, sub-district offices, and village (neighborhood) committees.
Article 4: Land requisition shall be subject to approval procedures in accordance with the following procedures:
(1) Before the end of September each year, the unit applying for land requisition shall declare to the municipal land and resources department for new construction land in the next year According to the demand, the municipal land and resources department puts forward reasonable suggestions for the decomposition of the annual land use plan based on the annual land use plan issued by the province and the city's economic and social development land needs. The Municipal People's Government decomposes the annual new construction land plan indicators and distributes them to each district;
(2) If the land to be acquired complies with the overall land use plan and the city (town) overall plan and is included in the annual land use plan, the land acquisition applicant shall prepare a report in accordance with the land acquisition approval requirements and submit it to the municipal land and resources department, and cooperate with the district The land and resources department shall do a good job in the preliminary investigation, confirmation, notification, hearing and report preparation of land acquisition;
(3) The land and resources department of each district shall work together with the district labor and security department, the township (town) people's government, and the sub-district office and the public security police station to investigate the ownership, land type, area, ownership, type and quantity of the agricultural population involved in the land to be acquired, and the attachments on the ground. And the investigation results must be approved by rural collective economic organizations (villagers committees, community residents committees), farmers and owners of ground attachments.
(4) The land and resources department of each district, together with the district labor and security department, will inform the land-expropriated rural collective economic organizations in writing of the purpose, location, compensation standards, resettlement methods and opinions of the land-expropriated farmers’ participation in pension insurance. and farmers; the parties concerned may apply to the district land and resources department for a hearing within 5 working days from the date of announcement. Failure to apply within the time limit shall be deemed to have given up the hearing; if the party applies for a hearing, the district land and resources department shall organize the hearing in accordance with the prescribed procedures and requirements. The district labor and security department shall participate in the hearing;
(5) The land and resources departments of each district shall prepare plans for agricultural land conversion, supplementary cultivated land and land acquisition and other approval materials, and submit them to the municipal land and resources department after preliminary review by the district people's government. Review and submit to the Municipal People's Government for approval after review; forest land acquisition must first obtain the consent of the forestry department; materials related to pension insurance for land-expropriated farmers should be submitted together with the land acquisition approval materials, and after preliminary review by the District People's Government, the Municipal Labor and Social Security Department Responsible for review;
(6) Apply for the allocation of relevant approval taxes and fees by the land-expropriated unit according to the construction land approval payment notice issued by the province.
The unit applying for land acquisition refers to the district people's government, development zone management committee, municipal land acquisition and reserve agency, and project construction unit that provide land through allocation or agreement transfer.
Article 5: After land acquisition is approved in accordance with the law, land acquisition compensation and resettlement will be implemented in accordance with the following procedures:
(1) Within 15 days from the date of issuance of the land acquisition approval, the district’s land and resources department shall, in conjunction with The district labor and social security department shall announce the land acquisition compensation and resettlement plan (hereinafter referred to as the land acquisition plan) in the township (town, sub-district) and village (community) where the expropriated land is located (except for special circumstances such as national confidentiality regulations);
(II ) If the rural collective economic organizations and farmers whose land is expropriated have any objections to the land acquisition compensation and resettlement, they shall put forward their opinions within the time limit specified in the announcement, and the district land and resources department shall jointly work with the district labor and social security department, the people's government of the township (town) where the land is expropriated, and The sub-district office will study and deal with the opinions raised, revise and improve the land acquisition compensation and resettlement plan, and submit it to the Municipal People's Government for approval and implementation after review by the municipal land and resources department and finance department;
(3) Land-expropriated rural areas If collective economic organizations or farmers have disputes over the compensation standards for land acquisition, the municipal people's government shall organize coordination; if coordination fails, the people's government that approved the land acquisition shall make a decision. Before the decision is made, disputes over the compensation standards for land acquisition shall not stop the implementation of the land acquisition;
(4) Within 30 days from the date of expiration of the announcement of the land acquisition plan (if the land acquisition plan is modified, within 30 days after approval by the Municipal People's Government), the owners and users of the expropriated land shall hold the land ownership certificate or other With valid certificates, go to the district land and resources department to register for compensation; the district land and resources department, together with the district labor and social security, finance, public security and other departments, will verify the number of agricultural population and specific resettlement objects and guarantee objects, estimate the land acquisition compensation payable, and report to the district Approval by the People's Government (Development Zone Management Committee); if the land acquisition compensation fee is paid by the municipal finance, it shall be reviewed by the District People's Government (Development Zone Management Committee), reviewed by the municipal land and resources and finance departments, and reported to the Municipal People's Government for approval;
(5) If the land acquisition compensation and resettlement objects and land acquisition compensation fees have been verified, within 20 days from the date of verification and confirmation, the land acquisition applicant shall include the land acquisition compensation fees, resettlement subsidies, ground attachments and young crop compensation fees into In the district's special financial account, the district people's government will transfer funds directly to the personal bank cards of land acquisition and resettlement personnel in accordance with district-level financial management regulations; funds used to establish pension insurance for land-expropriated farmers will be uniformly transferred to the income households of the pension insurance fund for land-expropriated farmers;
(6) The land acquisition fee shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.
The rural collective economic organizations and farmers whose land has been expropriated shall deliver the expropriated land within 30 days from the date of payment of all land expropriation fees.
If the municipal finance pays the land acquisition compensation fee, and the district people's government fails to deliver the expropriated land within 4 months after the land acquisition compensation fee is fully allocated to the district finance, the advance payment will be deducted from the city or district's year-end settlement or land Deducted from the revenue share.
Article 6 Land Acquisition Plan includes the following contents:
(1) Approval authority for land acquisition, approval number and purpose of land acquisition;
(2) Need for resettlement and The scope, area, location, land type, and agricultural population participating in the pension insurance for land-expropriated farmers;
(3) The standard, amount, distribution and use of land-expropriated compensation;
(4) The method of resettling the agricultural population, the standard and amount of resettlement subsidies, and the method of fund payment;
(5) The compensation standard and payment method for ground attachments and young crops;
(6) The method for landless farmers to participate in pension insurance;
(7) The time limit for negotiation;
(8) Other related matters.
Article 7 Compensation for land acquisition includes land compensation, resettlement subsidies, compensation for ground attachments and young crops.
Land compensation and resettlement subsidies shall be implemented in accordance with the land acquisition compensation standards approved by the Provincial People's Government. The compensation standards for houses, green crops and other ground attachments shall be implemented in accordance with the relevant regulations of this city.
The use and management of land acquisition compensation fees shall be implemented in accordance with the "Interim Measures for the Use and Management of Compensation Fees for Farmers' Collectively Owned Land in Huaibei City" (Huai Zheng [2004] No. 115). The municipal land and resources, supervision, finance and other relevant departments are responsible for supervision and inspection.
Article 8 The pension insurance funds for land-expropriated farmers shall be implemented in accordance with the "Huaibei City Interim Measures for Pension Insurance for Land-expropriated Farmers" (Huai Zheng Ban [2007] No. 63). Landless farmers do not need to be resettled uniformly, and resettlement subsidies will be paid to the resettled individuals. Landed farmers who meet the conditions for participating in the land-expropriated farmers' pension insurance choose to pay personal account funds according to the prescribed standards. The village (resident) committee is responsible for collecting income such as resettlement subsidies for land-expropriated farmers to the income households of the land-expropriated farmers' pension insurance fund.
Article 9 Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops.
After the land acquisition notice is issued, all ground attachments and young crops planted, planted, and constructed on the acquired land will not be compensated for during the land acquisition.
Article 10 establishes a dynamic statistical system for agricultural population and cultivated land in districts, townships (towns, streets), and villages (communities).
Article 11 The agricultural population to be resettled during land acquisition refers to the permanent agricultural population that legally enjoys land contract management rights and assumes agricultural obligations within the scope of the expropriated land before the issuance of the land acquisition announcement, including registered children. , legally married persons, and married persons who have moved out of their household registration but still enjoy the land contract management rights of rural collective economic organizations.
Article 12 The following persons shall be deemed as agricultural population in need of resettlement:
(1) Active-duty military personnel (excluding officers) and college students who have temporarily moved out of their household registration;
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(2) Persons in reeducation through labor who have had their registered permanent residence canceled and are currently serving their sentences;
(3) They were members of the collective economic organization before the transfer, but they still make a living on the original contracted land after the transfer, and the former Persons who have not been resettled after the first land acquisition;
(4) Although their household registration has moved out of the collective, they still enjoy the collective land contract management rights, and have not obtained contracted land in the moved place and do not enjoy land acquisition Placed.
Article 13 The resettled population will be calculated based on the area of ??requisitioned cultivated land divided by the per capita cultivated land area of ??rural collective economic organizations before land acquisition. Those who have been resettled before land acquisition will not be counted again.
Article 14 The specific resettlement objects will be determined according to the following methods:
(1) All the land contracted by this household has been requisitioned, and the entire population of this household will be included in the resettlement scope;
(2) Part of the contracted land of this household has been expropriated, and the population to be resettled in this household = the area of ??cultivated land requisitioned this time ÷ the per capita cultivated land area of ??the households affected by land acquisition;
(3) Part of the contracted land of this household has been expropriated However, after land acquisition, if the per capita cultivated land of the household is less than 200 square meters (0.3 acres) or the contracted land of the household has been expropriated for more than 70%, the entire population of the household can be included in the household after voluntarily giving up the remaining contracted land and handing it over to the collective economic organization for rearrangement. resettlement scope.
Persons who need to be resettled shall be proposed by the rural collective economic organization and shall be reviewed by the township (town) people's government (sub-district office) after no less than 5 days of public announcement by the land-expropriated villagers' group. The district land and resources department shall work together with the district Labor and social security, finance, public security and other departments shall report to the district people's government for confirmation.
Article 15 If it is confirmed that the resettlement conditions are met, a one-time resettlement subsidy will be paid according to the approved compensation and resettlement plan; the date of approval of the land acquisition and resettlement plan shall prevail. Those who are 16 years old or older at the time of land acquisition shall be eligible. Conditions for participating in the pension insurance for land-expropriated farmers. Farmers who have not participated in the basic pension insurance for urban enterprise employees will be included in the pension insurance for land-expropriated farmers.
The pension insurance for land-expropriated farmers shall be implemented in accordance with the "Huaibei City Interim Measures for Pension Insurance for Land-expropriated Farmers" (Huai Zheng Ban [2007] No. 63) and related documents.
Article 16 The public security department shall promptly handle household registration procedures for landless farmers who meet the conditions for household transfer.
Landless farmers who meet the conditions for enjoying the urban minimum living security after transferring their household registration will be included in the urban minimum living security system by the civil affairs department.
Article 17: Farmers whose land has been expropriated will be included in the urban employment service system after being transferred.
Governments at all levels and relevant departments must actively take measures to encourage and guide various enterprises, institutions and communities to absorb land-expropriated farmers for employment, support land-expropriated farmers to choose their own jobs and start their own businesses, and urge and guide land-using units to give priority to Arrange employment for farmers whose land has been expropriated.
Article 18 If any of the following circumstances occurs, the relevant departments shall order corrections, and the administrative responsibilities of the person in charge and other directly responsible persons shall be held accountable in accordance with the law; if a crime is constituted, criminal liability shall be held in accordance with the law:
(1) The land-expropriated unit or relevant department falsely reports relevant data, and commits fraud during the land acquisition process to defraud the land acquisition compensation fee, or withholds the land acquisition compensation fee;
(2) Misappropriation, Misappropriating land acquisition compensation funds;
(3) State agency staff neglecting their duties, abusing their powers, and practicing favoritism during the implementation of land acquisition compensation;
(4) Construction land-use units and individuals Failure to obtain compensation and resettlement for land acquisition;
(5) Obstructing and sabotaging land acquisition work and hindering state agency staff from performing official duties in accordance with the law.
Article 19 If the land acquisition compensation and resettlement plan has been approved before the implementation of these Measures, the original provisions will still be implemented.
Article 20: The expropriation of land collectively owned by farmers in Suixi County may be implemented with reference to these measures. The compensation and resettlement standards for land acquisition shall be separately formulated by Suixi County and reported to the Municipal People's Government for filing.
Article 21 These Measures shall come into effect on April 65, 2009.