Article 1 In order to speed up the development of infrastructure construction in our province, safeguard the legitimate rights and interests of rural collective economic organizations, farmers and construction land-use units whose land has been expropriated, and promote urban and rural economic development, according to the "People's Congress of the People's Republic of China" These measures are formulated based on laws and regulations such as the Land Management Law of the People's Republic of China and the Regulations for the Implementation of the Land Management Law of the People's Republic of China and in light of the actual conditions of the province. Article 2 The term "infrastructure construction" as mentioned in these Measures refers to the infrastructure construction supported by the state in energy, highways, railways, civil aviation, communications and other key areas. Article 3 Infrastructure construction shall implement a unified land requisition system by the people's governments at or above the county level in accordance with the law.
Land requisition for construction projects approved by the State Council and key infrastructure construction projects approved by the Provincial People's Government shall be uniformly organized and implemented by the Provincial People's Government, and the provincial land administration department shall be responsible for the specific land requisition work; requisition for other infrastructure construction projects Land acquisition shall be uniformly organized and implemented by the municipal and county (district) people's governments, and the municipal and county (district) land administrative departments shall be responsible for the specific land acquisition work.
Technical and administrative tasks such as land survey, demarcation and demarcation, data collection, implementation after approval of land acquisition, and organization of replenishment of cultivated land during land acquisition can be entrusted to land acquisition agencies. Article 4 People's governments at all levels must strengthen leadership over the unified land acquisition work and coordinate to solve problems in land acquisition.
Relevant departments such as planning, finance, construction, agriculture, forestry, and environmental protection shall cooperate with the land administrative department in the relevant work of land acquisition according to their respective responsibilities. Article 5: Land for infrastructure construction shall be prioritized in the annual land use plan and given priority in land supply.
Infrastructure construction that occupies unused state-owned land and land requisitioned by the state that was originally collectively owned by farmers shall be allocated in accordance with the law.
If infrastructure construction occupies state-owned land that has been used by other units, the land use rights shall be recovered with the approval of the people's government that originally approved the land use, re-allocated in accordance with the law, and appropriate compensation shall be given to the original land users.
If the unit that uses land for infrastructure construction does not have the conditions to reclaim cultivated land and should pay cultivated land reclamation fees, it shall pay according to the low standards of cultivated land reclamation fees for different levels stipulated in the "Gansu Province Basic Farmland Protection Regulations". Article 6 When conducting feasibility studies on construction projects, units that use land for infrastructure construction shall notify the land administration department in writing. The land administration department should intervene in advance, participate in the site selection and demonstration of construction project land, and submit a pre-examination report.
After the infrastructure construction project is approved, the construction land use unit shall prepare land use approval materials in a timely manner in accordance with relevant regulations. The land administration department shall simultaneously carry out land survey, demarcation and approval information and other land acquisition-related work, and handle the construction land review and approval procedures.
For land-use projects submitted to the Provincial People’s Government for review and approval, if the materials are complete, the Provincial People’s Government shall complete the approval work within 10 working days after receiving the approval materials; for land-use projects submitted to the State Council for review and approval, the materials must be completed If the application is complete, the Provincial People's Government shall complete the review and submission within 10 working days after receiving the approval materials. Article 7 After the land acquisition plan for infrastructure construction is approved in accordance with the law, the relevant municipal, county (district) people's governments and their land administrative departments shall effectively complete the following tasks:
(1) Municipal, The county (district) people's government shall promptly announce the relevant content of the land acquisition approval document in the village where the land has been acquired;
(2) The land administration department or land acquisition agency shall set up a registration office in the village where the land has been acquired, and register the acquired land. Classified registration of collective and individual properties such as area, land type and ground attachments;
(3) Verify and confirm collective and individual properties on the basis of classified registration, and work with relevant departments to formulate land acquisition plans The compensation and resettlement plan will be announced after review and farmers' opinions will be listened to;
(4) Based on farmers' feedback, the land acquisition compensation and resettlement plan will be modified and submitted to the city, county (district) people's government for approval ;
(5) The land administration department or land acquisition affairs agency shall sign a land acquisition fee lump sum agreement with the construction land-using unit;
(6) The land acquisition compensation and resettlement plan shall be approved by the city, county ( After approval by the people's government of the district), the land administration department or land acquisition affairs agency shall sign a land acquisition compensation and resettlement agreement with the rural collective economic organization whose land has been acquired.
Article 8 The land compensation fee and resettlement subsidy for cultivated land acquired for infrastructure construction shall be based on the following standards:
(1) If the per capita cultivated land in the village before land acquisition is more than 1 mu, the land compensation fee for each mu of cultivated land acquired shall be The average annual output value of the village's cultivated land in the same area in the previous three years is 6 to 8 times, and the resettlement subsidy is 4 to 6 times; (2) The average cultivated land per capita in the village before land acquisition is less than 1 mu and more than 0.4 mu The land compensation fee for each mu of cultivated land acquired is 8 to 10 times the average annual output value of the village's cultivated land in the same area in the previous three years, and the resettlement subsidy is 6 to 10 times.
(3) If the per capita cultivated land of the village before land acquisition is less than 0.4 acres, the total land compensation fee and resettlement subsidy for each mu of cultivated land acquired shall not exceed the average annual output value of the village's cultivated land in the same area in the previous three years. 25 times. Article 9 The standards for land compensation fees, resettlement subsidies and compensation fees for attachments and young crops on the acquired land for infrastructure construction shall be based on the "Gansu Province Implementation of the Land Management Law of the People's Republic of China" 》The provisions of this document are implemented.
The land compensation fee for the requisition of abandoned farmland, wasteland, abandoned land, etc. will be based on the average annual output value of the village's farmland in the same area in the previous three years.
The compensation standards for requisitioned forest land and grassland shall be implemented in accordance with the provisions of the "Forest Law of the People's Republic of China" and the "Grassland Law of the People's Republic of China".