Chapter I General Principles
Article 1 These Measures are formulated in accordance with the provisions of the Land Administration Law of the People's Republic of China in order to ensure the smooth progress of land expropriation and safeguard the legitimate rights and interests of units and individuals whose land has been expropriated. "Regulations on the Implementation of the Land Administration Law of the People's Republic of China" and "Measures for the Implementation of the Land Administration Law of the People's Republic of China in Sichuan Province" refer to the "Measures for Compensation and Resettlement for Land Expropriation in Chengdu" and combine with the actual situation in this area.
Article 2 These Measures shall apply to the compensation, personnel placement and housing placement for expropriation of land collectively owned by farmers in this area.
Article 3 Under the leadership of the District People's Government, the district land administrative departments shall be specifically responsible for the implementation of land requisition compensation and resettlement.
Article 4 After the requisition of land is approved according to law and the requisitioned units and individuals are compensated and resettled in accordance with the provisions of these Measures, the requisitioned units and individuals shall deliver the land within the time limit specified in the land transfer notice issued by the land administrative department, and shall not refuse or obstruct.
Chapter II Compensation for Land Requisition
Article 5 After the land acquisition plan is approved according to law and announced, the owners and users of the expropriated land shall register the land acquisition compensation with the land management department with the land ownership certificate within the time limit specified in the announcement.
Land administrative departments shall, in accordance with the approved land acquisition plan, formulate compensation and resettlement plans for land acquisition in conjunction with relevant departments, make an announcement in the towns where the land is expropriated, and listen to the opinions of rural collective economic organizations and farmers whose land is expropriated. After the land requisition compensation and resettlement plan is approved according to law, it shall be organized and implemented by the land administrative department.
Article 6 According to the geographical location, infrastructure, economic development and agricultural production level of villages and towns, the land status of villages and towns in our district is divided into four categories.
First-class area: Liucheng Town Planning Area;
Second-class areas: Yongquan Town, yongningzhen Town, Gongping Town, wanchun town Town and Tashui Town;
Three types of areas: Liulin Township, Yongsheng Town, Tianfu Town and Jinma Town;
Four types of areas: Shi Yu Township, Tongping Town, Hesheng Town, Zhen Zhen Township and Shou 'an Township.
Article 7 Land expropriation shall pay land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees to the units and individuals whose land is expropriated, and shall be implemented in accordance with the standards stipulated in the Land Administration Law of the People's Republic of China and the Implementation Measures of the Land Administration Law of Sichuan Province.
(1) Land compensation fee. The land compensation fee for requisitioned cultivated land is 6 10 times of the average annual output value of the cultivated land in the three years before expropriation; The land compensation fee for the expropriation of other land shall be 46 times of the average annual output value of the cultivated land in the three years before the expropriation according to the standard of resettlement subsidy for each agricultural population used in the land compensation fee for the expropriation of cultivated land in this kind of area, but the resettlement subsidy per hectare of the expropriated cultivated land shall not exceed 15 times of the average annual output value of the cultivated land in the three years before the expropriation. Resettlement subsidies for requisitioning other land shall be calculated according to half of the resettlement subsidies for requisitioned farmland nearby. (See Annex III for details)
(4) Compensation fees for attachments on the ground. The compensation fee for the ground attachments of the expropriated land shall be compensated according to the verified types, specifications and quantities, and according to the compensation standard for the ground attachments. (See Schedule 4, Schedule 5 and Schedule 6 for details).
Ancient and famous trees with signs shall be implemented in accordance with the Regulations of Chengdu Municipality on the Administration of Ancient and Famous Trees.
Eighth any of the following circumstances, no compensation:
(a) buildings (structures) without valid land ownership certificates and other legal ownership certificates;
(two) after the announcement of the land acquisition plan approved according to law, rushing to plant crops, economic forests and rushing to build (structures);
(three) the buildings (structures) on the temporary land (including land occupation) have exceeded the approved service life for more than two years or have not yet determined the service life;
(4) Buildings (structures) built by illegally occupying land.
Ninth roads and water conservancy facilities that need to be retained according to the planning after land acquisition shall be restored by the land acquisition unit;
Tenth buildings (structures) with land ownership certificates and other legal warrants for land acquisition and demolition shall be compensated according to the prescribed standards. Relocation losses, handling fees, relocation of hydropower facilities and other expenses involved in enterprise relocation shall be appropriately compensated by the land acquisition unit.
Eleventh land acquisition compensation subsidies shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan, and shall be managed and used in accordance with the following provisions:
(a) the land compensation fee is paid to the compensated resettlement unit for the development of production and the employment of surplus labor and the living allowance for those who cannot be employed due to land acquisition. Its use shall be decided by the villagers' meeting or the villagers' representative meeting and implemented after being approved by the Township People's Government.
(two) compensation fees for attachments and young crops on the ground, which belong to individuals, shall be paid to individuals; Belonging to the collective, it shall be paid to the collective economic organization.
(three) resettlement subsidies for the production and living of members of rural collective economic organizations whose land has been requisitioned. Where the personnel who need to be resettled are resettled by rural collective economic organizations, the resettlement compensation fees and relief funds shall be paid to the rural collective economic organizations, which shall manage and use them; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, with the consent of the resettlement personnel, the resettlement subsidy shall be paid to the individual resettlement personnel or used to pay the insurance premium of the resettlement personnel.
(4) If the land of the rural collective economic organization is requisitioned according to law and the agricultural population is resettled, the land compensation fee and resettlement subsidy shall be used by the resettlement unit for the resettlement of the people after the requisitioned land; The property of the former rural collective economic organization shall be registered and published to farmers, and its property and the creditor's rights and debts involved shall be handled by the superior organization of the land-expropriated unit or the township people's government.
No unit or individual may privately divide, transfer, misappropriate or intercept land acquisition compensation, resettlement subsidies and other expenses related to land acquisition.
Twelfth after the occupation of cultivated land, the agricultural tax shall be reduced or exempted according to law, and the grain contract ordering task shall be adjusted accordingly.
Chapter III Personnel Placement
Article 13 If all the cultivated land of a rural collective economic organization is expropriated, the establishment of the rural collective economic organization shall be revoked in accordance with the law, and all the original agricultural registered permanent residence shall be converted into non-agricultural registered permanent residence, and monetized resettlement shall be implemented to find a self-employment. Land compensation fees and resettlement subsidies should all be used for farmers' production and living resettlement.
Article 14 If the cultivated land of rural collective economic organizations has not been completely requisitioned, the number of people who turn from agricultural registered permanent residence to non-agricultural registered permanent residence (hereinafter referred to as farmers) shall be calculated according to the number of requisitioned cultivated land (grain land and vegetable land) divided by the number of per capita cultivated land before requisition; According to the amount of cultivated land requisitioned divided by the average amount of cultivated land occupied by each worker before requisition, the number of workers to be resettled is calculated.
If the land of a rural collective economic organization is partially expropriated according to law, the land requisition unit shall pay the land compensation fee to the expropriated unit for the development of production, arrange employment and living allowance for surplus labor who cannot be employed due to land requisition, or use it for monetization resettlement and self-employment. Its use shall be decided by the villagers' meeting or the villagers' representative meeting, and shall be implemented after being approved by the Township People's Government. The resettlement subsidies paid to the land-expropriated units shall be managed and used by the land-expropriated units.
Article 15 After the land is expropriated, with the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and with the approval of the administrative department of agriculture of the township people's government and the district-level people's government, the rural collective economic organizations whose land has been expropriated may adjust the contracted land within the rural collective economic organizations; Unable to adjust, according to the following provisions give priority to the production and life of landless farmers:
(1) Encourage farmers to engage in development and operation and start enterprises.
(two) for male farmers over 60 years old (including 60 years old) and female farmers over 50 years old (including 50 years old), which belong to the scope of resettlement, the old-age insurance can be implemented with reference to these provisions.
(three) for farmers under the age of eighteen, which belong to the scope of resettlement, they can be given a living allowance in one lump sum or in installments. The standard of living allowance can be calculated with reference to the standard of resettlement allowance.
(4) For male farmers aged 18 to 60 years old and female farmers aged 18 to 50 years old, self-employment resettlement shall be adopted in principle, and unit resettlement may be implemented if conditions permit.
Article 16 After the land requisition plan is approved according to law, the District People's Government shall make an announcement in the town, township and village where the expropriated land is located. Since the date of the announcement, no new immigrants will be resettled except those who are legally married and have children.
For the rotation workers who have retired and returned to their hometowns, contract workers who have been resettled due to land acquisition, agricultural contract workers, and those who have been resettled by the original enterprises due to bankruptcy, restructuring and disintegration of enterprises, they belong to the scope of farmers, and only the farmers whose accounts are located are no longer resettled according to the provisions of this chapter.
Seventeenth rural collective economic organizations all the cultivated land has been requisitioned, and farmers in the following situations in the establishment of rural collective economic organizations shall be revoked according to law and resettled in the following ways:
(a) for the five-guarantee object among urban residents, the land acquisition unit will allocate the land compensation fee and resettlement subsidy to the civil affairs department in one lump sum, and the civil affairs department will make resettlement according to the regulations.
(II) For servicemen whose original registered permanent residence is within the scope of land acquisition, the land acquisition unit shall hand over their land compensation fees and resettlement subsidies to the civil affairs department where the original registered permanent residence is located at one time, and after returning from the army, the civil affairs department where the registered permanent residence is located shall make resettlement according to the regulations.
(3) If the original registered permanent residence is serving a sentence or reeducation through labor within the scope of land acquisition, the land compensation fee and resettlement subsidy shall be allocated to the labor department where the original registered permanent residence is located in one lump sum by the land acquisition unit, and the labor department shall make resettlement according to the regulations after the original registered permanent residence is released from prison or released from reeducation through labor.
Chapter IV Housing Resettlement
Eighteenth on the day of the announcement of the land acquisition plan approved according to law, the householder who holds the "Property Ownership Certificate" and "Personal Construction Land Permit" is the object of house demolition and resettlement.
Article 19
For the demolition of land-expropriated farmers, the land-expropriated unit shall, jointly with the Township People's Government, according to the overall land use planning and the planning of the village and market town where it is located, and refer to the standards stipulated in Article 52 of the Measures for the Implementation of the Land Management Law of the People's Republic of China in Sichuan Province, that is, 35 square meters per person, and 3 people or less (including 3 people) shall be counted as 3 people; 4 people count as 4 people; More than 5 people (including 5 people) are counted as 5 people, and the building is demarcated according to the plan. Conditional towns and towns, districts can gradually implement the housing placement method of unified demolition and unified construction in the urban planning area.
Twentieth demolition of non-agricultural residential property rights obtained by inheritance or gift, according to the actual situation to give monetary compensation.
Twenty-first approved temporary land, involving the compensation before the use period of buildings (structures) and their attachments, shall be implemented with reference to Article 7 of these Measures.
Twenty-second in the scope of land acquisition, the original residence is changed into business premises without approval, and the compensation and resettlement for demolition will still be based on the compensation and resettlement for residential demolition.
Article 23 If the houses of active servicemen, college students, prisoners or reeducation-through-labor personnel whose original household registration is within the scope of land acquisition, and cadres, workers, urban residents, overseas Chinese, compatriots from Hong Kong, Macao and Taiwan and other non-agricultural personnel who have settled in their hometowns within the scope of land acquisition are demolished, they shall be handled in accordance with the relevant provisions of these Measures.
Chapter V Legal Liability
Twenty-fourth in violation of the provisions of these measures, constitute a violation of the provisions of the "land management law of the people's Republic of China", "Regulations on the implementation of the land management law of the people's Republic of China" and "measures for the implementation of the land management law of the people's Republic of China in Sichuan Province", from its provisions.
Twenty-fifth land expropriation, compensation and resettlement according to law, the parties refused to move, the district land administrative departments shall be ordered to move within a time limit; If it fails to move within the time limit, it will be forced to move with the approval of the District People's Government. Fails to receive the resettlement fee, the land administrative department will transfer the resettlement compensation fee to the special account of the township people's government where the account is located for storage.
Twenty-sixth if a party refuses to accept specific administrative acts such as administrative punishment or compulsory measures, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Twenty-seventh land administrative departments staff dereliction of duty, abuse of power, corruption, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions in accordance with relevant regulations.
Chapter VI Supplementary Provisions
Twenty-eighth land expropriation compensation fees and other related expenses shall be formulated by the district land management department in conjunction with relevant departments according to the economic and social development, and shall be implemented after approval according to law.
Twenty-ninth national key construction projects and provincial and municipal people's governments have other provisions on land acquisition compensation and resettlement standards, from which provisions.
Thirtieth problems in the application of these Measures shall be interpreted by the land administrative department of Wenjiang District.
Article 31 These Measures shall come into force as of the date of promulgation.