How is compensation for rural demolition in Pixian County stipulated?Interim Measures for Compensation and Resettlement for Land Acquisition and Demolition in Pixian County Chapter 1 General Provision

How is compensation for rural demolition in Pixian County stipulated?Interim Measures for Compensation and Resettlement for Land Acquisition and Demolition in Pixian County Chapter 1 General Provisions Article 1 In order to ensure the smooth progress of the land acquisition work for national construction, the maintenance of the acquired land The legitimate rights and interests of rural collective economic organizations, rural villagers and other rights holders, in accordance with the "Law of the People's Republic of China and State Land Administration", "Measures of Sichuan Province for the Implementation of the "Law of the People's Republic of China and State Land Administration", "Chengdu "City's Land Acquisition Compensation and Resettlement Measures", "Notice on Issues Concerning Re-employment of Landless and Unemployed Farmers" (Chengfufa [2004] No. 16) and "Chengdu Municipal People's Government General Office's Notice on Issuing Chengdu's Land Acquisition Compensation and Resettlement Measures" (Chengdu These measures are formulated based on the relevant provisions of Fubanfa [2004] No. 16) and based on the actual situation of our city. No. 16) and the "Chengdu City Landless Farmers' Participation in Non-Permanent Social Insurance Measures" (Chengfufa [2004] No. 19), this method is formulated based on the actual situation of Pixian County. Article 2 Within the administrative area of ????the county (excluding These measures shall apply to the compensation, personnel resettlement, and housing resettlement of villagers collectively owned by the West District of Chengdu High-tech Zone. Article 3 The land acquisition compensation and resettlement work shall be implemented by the county land administration department under the leadership of the county people's government. Relevant administrative departments such as labor and social security, civil affairs, public security, and urban construction shall assist the land administration department in completing land acquisition, demolition, compensation and resettlement work in accordance with their respective duties. Article 4. After the land is approved in accordance with the law and the parties concerned receive compensation and resettlement in accordance with the law, the county land administration department shall issue a land handover notice to the land-expropriated unit. The land-expropriated unit shall hand over the land within the time limit specified in the notice and shall not refuse or obstruct land acquisition. Chapter 2 When compensating for land acquisition in Article 5, the county land administration department must implement it in accordance with the county's overall land use plan and annual land use plan. Article 6 After the land acquisition plan is approved and announced in accordance with the law, the owner and user of the expropriated land shall. Within the period specified in the announcement, go to the county land administration department with the land ownership certification document to complete the land acquisition compensation registration procedures. The county land administration department will work with relevant departments to formulate a land acquisition compensation and resettlement plan based on the approved land acquisition plan, and prepare the land acquisition compensation and resettlement plan on the expropriated land. The local towns, villages and communities shall issue announcements to listen to the opinions of the rural collective economic organizations and villagers whose land has been expropriated. After the land acquisition compensation and resettlement plan is approved in accordance with the law, the land acquisition compensation and resettlement disputes will not affect the land acquisition plan. Implementation. Article 7 Land compensation fees, resettlement subsidies, and land requisition fees shall be paid in accordance with the standards stipulated in the Sichuan Provincial Department of Land and Resources’ Notice on Forwarding to the Ministry of Land and Resources (Sichuan Land and Resources Development [2002] No. 19). Compensation fees for attachments and young crops. Article 8 Compensation fees for flowers, plants and trees planted in large areas without authorization shall be calculated according to the compensation standards for crops and young crops. For scattered trees and approved planting and breeding professionals, the compensation fees shall be calculated according to the prescribed standards. Orchards, nurseries, and courtyards that are approved to be planted in large areas will be compensated according to the standards specified in Appendix 2. The labeled ancient and valuable trees shall be subject to the provisions of Article 9 of the "Chengdu Municipal Ancient and Valuable Tree Management Measures" in the following circumstances. 1. No compensation will be given for: (1) Buildings (structures) that have not obtained legal ownership such as land ownership certificates (certificates); (2) Flowers, trees, and seedlings planted or planted in accordance with the law on the date of announcement of the land acquisition plan and buildings (structures); (3) Buildings (structures) that exceed the approved service life or are built on temporary land (including occupied land) that has not yet been determined but has been used for more than two years. 4) Illegal occupation of land for construction Article 10: Scope of expropriation: Roads and water conservancy facilities retained according to planning needs after land acquisition shall be restored by the land acquisition unit. Article 11: Land acquisition and demolition of buildings (structures) shall have land ownership certificates ( Proof) and other legal ownership shall be compensated according to prescribed standards. For the relocation of township enterprises, village-run enterprises and individual industrial and commercial households that involve relocation losses, relocation fees, water and electricity facility relocation fees, etc., the land acquisition unit will compensate 10-15 of the total compensation for the buildings (structures). Article 12 Land acquisition compensation and resettlement subsidies shall be paid in full within 3 months from the date of announcement of the land acquisition compensation and resettlement plan, and shall be managed and used in accordance with the following provisions: (1) All land of rural collective economic organizations has been expropriated in accordance with the law, and agricultural If all the population is converted to non-agricultural population, the land compensation and resettlement subsidy shall be paid by the land acquisition unit. According to the provisions of the "Chengdu City Social Insurance Measures for Land-expropriated Farmers Transferred to Non-Agricultural Persons" (Chengfufa [2004] No. 19), the land-expropriation unit shall pay land compensation fees and resettlement subsidies. 19), all the property will be used for the resettlement of people after land acquisition; for the property of the original rural collective economic organization, the township people's government will register it and announce to the villagers of the collective economic organization, the property of the land-expropriated unit and the involved claims. The debt shall be settled by the superior organization of the land-expropriated unit or the township people's government. (2) If the land of a rural collective economic organization is partially expropriated in accordance with the law, the land compensation fee and resettlement subsidy fee shall be paid by the land expropriation unit in accordance with the provisions of the "Chengdu Social Insurance Measures for Land Acquisition and Non-Agricultural Personnel" (Chengfu Fa [2004] No. 19) , the social insurance premiums for land-expropriated rural-to-non-agricultural personnel shall be paid by the land-expropriating unit. No. 19), apply for social insurance for rural-to-non-agricultural personnel who meet the resettlement conditions. (3) Land compensation fees and resettlement subsidies paid in accordance with the law shall be uniformly accounted for by the community, and special accounts shall be established to seek balance among themselves. If the social insurance premiums are insufficient to be paid according to the policy, the government will make up the amount from land revenue. The balance shall be included in the property management of collective economic organizations. (4) Compensation fees for ground attachments and young crops shall be paid to the owners of ground attachments and young crops. No unit or individual may privately divide, flatly adjust, misappropriate, or withhold land acquisition compensation, resettlement subsidies and other related expenses. Chapter 3 Personnel Resettlement Article 13 If all the cultivated land of a rural collective economic organization is requisitioned, the rural collective economic organization shall be revoked in accordance with the law, and all original agricultural household registrations shall be converted into non-agricultural household registrations; (Taxable area of ??grain fields and vegetable fields) divided by the average number of cultivated land occupied by each person before expropriation, to calculate the number of households converted from agriculture to non-agriculture (hereinafter referred to as "conversion from agriculture to non-agriculture"). (hereinafter referred to as "rural-to-non-agricultural household transfer"). The age of persons transferred from rural to non-agricultural land shall be calculated based on the actual age on the date when the land acquisition plan is announced in accordance with the law. Article 14 For those who are transferred from agriculture to non-agriculture within the scope of land acquisition, they shall be implemented in accordance with the relevant national employment policies and the "Notice on Issues Concerning the Re-employment of Landless and Unemployed Farmers" (Chengfufa [2004] No. 16). Article 15 From the date when the land acquisition plan is approved in accordance with the law, the following persons will be targeted for resettlement, and the land acquisition department will pay for them in accordance with the relevant provisions of the "Chengdu Municipal Social Insurance Measures for Non-Agricultural Persons" (Chengfu Fa [2004] No. 19) Social insurance premiums. 19): (1) The holder of the right to use the expropriated land; (2) Active-duty conscripts whose household registration relationship is within the scope of land acquisition; (3) School-wide education students whose household registration relationship is within the scope of land acquisition; (4) The household registration relationship is within the scope of land acquisition Persons serving sentences and reeducation through labor within the scope of land acquisition; (5) Persons who are legally married and have children before the date of the land acquisition plan is announced in accordance with the law; (6) Former rural five-guarantee dependents whose household registration is within the scope of land acquisition; (7) Others who should be resettled in accordance with policy regulations personnel. Article 16 From the date of announcement of the land acquisition plan, except for those who are married and have children in accordance with the law, the newly acquired population will not be resettled. After the land acquisition plan is announced, people who are married and have children in accordance with the law must have official household registration within the land acquisition scope before they can be resettled. The deadline for rural-to-non-agricultural conversion and housing resettlement is the date when the land acquisition compensation and resettlement plan is approved and announced. For "rotational workers" who retire and return to their hometowns and fall within the scope of "agricultural to non-agricultural transfer", they will only apply for "agricultural to non-agricultural transfer" household registration and will not be resettled. Article 17 Non-agricultural resettlement within the scope of land acquisition shall be implemented in accordance with relevant national, provincial and municipal regulations. Chapter 4 Housing Resettlement Article 18 The land acquisition plan will be implemented from the date of announcement. The houses of demolished farmers with legal and valid rural homestead use procedures will be transferred to non-personnel, based on a building area of ??35 square meters per person (including shared area, The same below) for resettlement; housing resettlement shall be monetary resettlement in principle. Non-agricultural residents can be resettled through monetary resettlement or housing construction according to the land area determined in urban planning. Article 19 The non-transferees shall hold legal and valid procedures for using rural homesteads. Based on the building area of ??the house and in accordance with the following provisions, the land acquisition unit shall sign a monetary resettlement contract with the non-transferees, and the contract shall be settled within 7 days after the house demolition is completed. Monetary resettlement payment. (1) If the original residence exceeds 35 square meters per person, resettlement will be based on 35 square meters per person, and the settlement will be based on the price of affordable housing in each town. The part of the original residence within 35 square meters per person will not be compensated, and the converted area will be calculated from the price of the original house. The highest house will be deducted from high to low until the resettlement area of ??the household is reached. The excess part will be compensated by the land acquisition unit according to the standards in Table 1 according to different structures of houses. 2) If the per capita area of ??the original residence is less than 35 square meters, resettlement will be based on 35 square meters per person, and settlement will be based on the price of affordable housing in each town. The original residence will not be compensated. The price of affordable housing is jointly announced to the public by the County Statistics Bureau, County Price Bureau, and County Urban Construction Bureau every year. The monetary resettlement settlement shall be based on the price announced to the public last year. Those who implement monetary resettlement will be given a one-time relocation fee of 500 yuan per household. Article 20 If housing resettlement has not yet been implemented for the land that has been "converted from agriculture to non-agriculture", all houses will be compensated according to the standards in Schedule 1, and the town people's government will carry out housing resettlement in accordance with the relevant regulations on rural homesteads. The transition period for house construction is 3 In March, each person was paid a transition fee of 80 yuan per month, and each household was given a one-time relocation fee of 500 yuan. Article 21 If the original residence of a non-agricultural person is converted into a commercial building, the demolition and resettlement fee will be paid. Article 22 If a non-agricultural person whose household registration is not within the scope of land acquisition inherits, donates, or buys and sells the property rights of a demolished residence, he or she shall be compensated in a one-time amount of RMB 100 per square meter according to the standard in the first schedule. The maximum one-time compensation price shall not exceed RMB 500 per square meter. Yuan, no resettlement will be provided after compensation. Article 23 If the houses of former residents such as active-duty military personnel, college and technical secondary school students, prisoners, and reeducation through labor personnel within the scope of land acquisition are demolished in accordance with the law, they shall be demolished according to Articles 18, 19, and Article 1 of these Measures. The provisions of Article 20 and Article 21 shall be implemented; within the scope of land acquisition, cadres, employees, urban residents who have returned to their hometowns for resettlement, overseas Chinese, compatriots from Hong Kong, Macao and Taiwan, and other non-agricultural personnel who have returned to their hometowns to settle, and whose houses have been demolished and resettled in accordance with the law, shall be resettled in accordance with the law. The provisions of Article 20 of these Measures shall be implemented. Article 23 The relocated compatriots from Hong Kong, Macao and Taiwan and other non-agricultural personnel shall be dealt with in accordance with the provisions of Article 22 of these Measures. Chapter 5 Legal Responsibilities Article 24 Violation of the provisions of these Measures constitutes a violation of the Land Management Law of the People's Republic of China, the Implementing Rules of the Land Management Regulations of the People's Republic of China, and the Sichuan Province Land Management Law. Any act stipulated in the "Implementation Measures of the Land Management Law of the People's Republic of China" shall be punished in accordance with its provisions. Article 25 When land is acquired and compensation and resettlement are carried out in accordance with the law, if the parties concerned refuse to relocate, the county land administration department shall order them to relocate within a time limit; if they fail to relocate within the time limit, forced relocation will be implemented with the approval of the county people's government. For those who do not receive resettlement compensation within the time limit, the county land administration department shall handle the notarization procedures for the resettlement compensation deposit and retain the resettlement compensation. Article 26 If the parties concerned are dissatisfied with specific administrative actions such as administrative penalties or compulsory measures, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law. Article 27 If any staff member of the land administration department neglects his or her duties, abuses his power, or engages in malpractice for personal gain, he or she shall be punished in accordance with relevant regulations; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Chapter 6 Supplementary Provisions Article 28 Compensation for land acquisition and other related fee standards shall be formulated by the county land administration department in conjunction with relevant departments, and shall be implemented after approval in accordance with the law. Article 29 If the national and provincial, municipal, and county people's governments' key construction projects and municipal public welfare construction projects have other provisions on compensation and resettlement standards for land acquisition, such provisions shall prevail. Article 30 The specific application of these measures shall be interpreted by the land administration department of Pixian County. Article 31 These Measures shall come into effect from the date of promulgation. The original relevant regulations are repealed at the same time. Rural demolition is to stimulate local economic development, but it cannot harm the interests of farmers whose land has been expropriated. Therefore, demolition workers need to realistically distribute demolition funds to every landless farmer in Pixian County in accordance with the rural demolition compensation policy of Pixian County. If disputes arise during the demolition compensation process, it is best to negotiate with them to resolve them.