65438+10.5, Guangzhou Housing and Urban-Rural Development Bureau issued "About Solicitation; Letter for comments (draft for comments) (hereinafter referred to as draft for comments).
It is understood that the Draft for Comment was released on April 20th, 20021,which greatly adjusted the decision-making matters, voting methods, voting proportion and other matters in the Guidelines for the Decision-making Matters of Village Collective Economic Organizations in Guangzhou (Sui Jian Gui Zi No.20215).
Let's compare the differences between the two drafts:
The latest regulations require that the transformation of old villages must have the consent of more than two-thirds of the members of the villagers' meeting of rural collective economic organizations or more than two-thirds of the villagers' representatives, the transformation plan and the voting rate of "transferring to the state".
The overall process of this policy adjustment has remained basically unchanged. It is worth noting that 65438 has no intention to cooperate in the "Draft for Comment" issued on10.5. Enterprises choose to invest at this stage.
Moreover, in the transformation implementation plan, the latest version of "Draft for Comment" emphasizes the "power of examination and approval", which is specifically expressed as: before the transformation implementation plan is submitted to the urban renewal leading group with the power of examination and approval for deliberation, the village collective economic organization will hold a general meeting of its members to vote on the old village transformation implementation plan.
Combined with the Decision of Guangzhou Municipal People's Government on Recovering a Batch of Municipal Administrative Power Matters (Draft for Comment) issued some time ago, the power of examination and approval of regulatory detailed planning and the power of preliminary examination involved in the implementation plan were adjusted.
A brief summary of the "Draft for Comment" issued on May 5th, 65438/KLOC-0, has the following items:
(a) the reform will vote once.
By the village collective economic organizations members of the general assembly or member representative meeting to vote.
(two) the transformation implementation plan to vote.
1. Before the transformation implementation plan is submitted to the leading group for the transformation of the old city with the power of examination and approval, the village collective economic organization will hold a general meeting to vote on the implementation plan for the transformation of the old village;
2, in the transformation of the implementation plan submitted to the urban renewal work leading group for consideration and approval, by the village collective economic organizations held a meeting of representatives of members to vote. After the transformation implementation plan is reviewed and approved by the urban renewal leading group, the village collective economic organization will hold a plenary meeting to vote.
(3) The cooperative enterprise chooses to vote twice.
1. The village collective economic organizations draft the investment invitation documents, solicit the opinions of relevant government departments, and organize the members' general meeting to vote.
2, the village collective economic organizations according to the prescribed procedures to select candidate enterprises, public investment documents clearly should also vote, by the village collective economic organizations in accordance with the investment documents to determine the voting method to convene a meeting of representatives of members or members of the general assembly to vote to determine the cooperative enterprise.
(four) the village collective construction land into state-owned construction land for a vote.
The general meeting of members of the village collective economic organization or the meeting of representatives of members will vote on the land parcel from the village collective construction land to the state-owned construction land and the compensation and resettlement measures.
(five) the demolition compensation and resettlement plan shall be voted once.
More than 80% of the total number of villagers in the village (including residents after the relocation of the village) and the owner of the ancestral home in the world voted to pass.
There are two types of voting proportion:
1. The voting at the shareholders' meeting requires more than half of the members to attend, and more than two thirds of the attendees agree;
2. The voting at the meeting of members' representatives shall be attended by more than two thirds of the members' representatives, and shall be agreed by more than two thirds of the members' representatives present at the meeting.
The following is the original content of the "Draft for Comment":
In order to protect the legitimate economic rights and interests of the old village collective economic organizations and their members, ensure the rational use and effective protection of collective assets, and smoothly promote the old village reconstruction project. In view of the major voting matters involved in the renovation project of old villages in our city, our bureau drafted the voting guidelines for the decision-making matters of collective economic organizations in the renovation of old villages in Guangzhou (draft for comments). The details are shown in the Annex. We are asking for your advice now. Please give your written comments back to our bureau before closing on Friday, June 65438+ 10/4, 2022. Please give us your strong support. I am writing this letter.
Guidelines for voting on decision-making matters of collective economic organizations in the transformation of old villages in Guangzhou (draft for comments)
In order to protect the legitimate rights and interests of rural collective economic organizations and their members and smoothly promote the transformation of old villages, according to the Regulations on the Management of Rural Collective Economic Organizations in Guangdong Province (OrderNo. 189 of Guangdong Provincial People's Government), the Guangdong Provincial Department of Natural Resources on Printing and Distributing (Guangdong Natural Resources LetterNo. [202/KLOC-0] 935) and the Guiding Opinions of Guangzhou Municipal People's Government on Strengthening the Management of Rural Collective Economic Organizations,
The following voting items involved in the renovation project of old villages in our city shall be implemented according to the following terms:
First, the willingness to transform the old village (mainly including whether it is willing to transform, transformation methods and transformation methods, etc.). ). Village collective economic organizations can vote in one of the following two ways: (1) Village collective economic organizations hold a general meeting of members to vote; (two) by the village collective economic organizations held a meeting of members to vote.
Second, the transformation implementation plan. Village collective economic organizations can vote in one of the following two ways:
(a) before the transformation implementation plan is submitted to the leading group for the transformation of villages in cities with the right of examination and approval, the village collective economic organizations shall convene a general meeting of members to vote on the implementation plan for the transformation of old villages;
(two) before the transformation implementation plan is submitted to the urban renewal leading group with the power of examination and approval, the village collective economic organization shall convene a meeting of members' representatives to vote. After the transformation implementation plan is reviewed and approved by the urban renewal leading group, the village collective economic organization will hold a plenary meeting to vote.
Third, the choice of cooperative enterprises. Belonging to the cooperative transformation of old villages, the village collective economic organizations shall draft investment documents, and after soliciting the opinions of relevant government departments, organize members to vote. After the village collective economic organizations select the candidate enterprises according to the prescribed procedures, and make it clear in the open investment documents that they should also vote, the village collective economic organizations hold a meeting of members' representatives or a general meeting, and vote according to the voting method determined in the investment documents to determine the cooperative enterprises.
Four, the village collective construction land into state-owned construction land. The village collective economic organization shall convene a general meeting of members or a meeting of members' representatives authorized by the general meeting, and vote on the conversion of the parcel from village collective construction land to state-owned construction land and the compensation and resettlement measures.
Five, the demolition compensation and resettlement program must be approved by more than 80% of the total number of villagers (including residents after the relocation of the village) and the owner of the ancestral home.
Six, on the old village renovation, renovation implementation plan, village collective construction land to the proportion of state-owned construction land and other matters. When a village collective economic organization holds a general meeting of its members to vote, more than half of the voting members of the organization shall participate, and the decision shall be agreed by more than two thirds of the participants; When a village collective economic organization holds a meeting of members' representatives to vote, more than 2/3 of its members' representatives shall participate, and the decision shall be agreed by more than 2/3 of its members' representatives. (Note: In September, 20021,the Provincial Department of Natural Resources issued the Guiding Opinions on Database Construction and Land Use Compensation in Guangdong Province (202 1), requiring that more than two-thirds of the members of the villagers' meeting of rural collective economic organizations or more than two-thirds of the villagers' representatives agree on the reform will, the reform plan and the voting rate of the collective land converted into the land lying in Australia. )
Seven. Proportion of voting on cooperative enterprise affairs. When a village collective economic organization holds a general meeting of members to vote, more than half of the voting members of the organization shall participate, and the decision shall be agreed by more than half of the participants; When a village collective economic organization holds a meeting of members' representatives to vote, it shall be attended by more than 2/3 members of the organization, and the decision shall be agreed by more than 2/3 of the representatives present.
Eight, the guidelines involving members of the general assembly and members of the representative meeting to vote on matters should be in the village within the scope of publicity for not less than 5 working days; Members with voting rights above110 have objections to matters discussed and decided by the members' congress, which shall be submitted to the members' congress for re-voting. The voting results of the demolition compensation and resettlement plan should also be publicized in the village for not less than 5 working days.
Nine, the village collective economic organizations can be combined with the specific circumstances of the project, synchronous voting on a number of issues, involving different voting subjects and voting proportions, should be counted separately in accordance with the provisions.
Ten, such as the original village collective economic organizations to complete the reform of rural joint-stock cooperative system. The articles of association of the village collective economic organization stipulate that the power decision-making bodies are the shareholders' meeting and the shareholders' representative meeting, so the "members' meeting" in this paper is correspondingly adjusted to "shareholders' meeting" and "members' representative meeting" is correspondingly adjusted to "shareholders' representative meeting".
Eleven, the guidelines from the date of promulgation, valid for two years. The voting items completed before the implementation of these guidelines are not applicable to these guidelines. For the approved old village renovation project, the unfinished voting items can be voted in accordance with the approval requirements or with reference to these guidelines.