Chapter I General Principles
Article 1 In order to strengthen the management of compensation, subsidy and resettlement for land acquisition for construction in our city, ensure the smooth progress of land acquisition and protect the legitimate rights and interests of rural collective economic organizations and farmers who have been expropriated, according to the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Measures for the Implementation of the Land Acquisition Law of Sichuan Province and the Land Acquisition Law of the People's Government of Sichuan Province in Yibin and other four cities.
Article 2 These Measures shall apply to the compensation, subsidy and resettlement of land requisition within the administrative area of our city. Unless otherwise provided by laws, regulations and the state and province, such provisions shall prevail.
Article 3 Land collectively owned by farmers in Gongjing District, Da 'an District and yantan district Administrative Region (hereinafter referred to as municipal districts, including Zigong High-tech Industrial Development Zone approved by the provincial people's government) shall be requisitioned by the Municipal People's government according to law, and the municipal land administrative department shall be responsible for organizing the implementation; Expropriation of land collectively owned by farmers within the administrative areas of Rong County and Fushun County shall be implemented by the county people's government according to law, and the county land administrative department shall be responsible for organizing the implementation. No other unit or individual may requisition land by itself.
City, county (District) people's government should strengthen the leadership of land acquisition; City, county (District) planning, labor and social security, civil affairs, public security, food, construction, planning, agriculture, forestry, water conservancy, animal husbandry, statistics and other relevant administrative departments shall, according to their respective functions and duties, cooperate with the land administrative departments to do a good job in land acquisition compensation and resettlement.
Township (town) people's governments, neighborhood offices and village (neighborhood) committees shall, in accordance with their respective duties, support and cooperate with the land administrative departments to do a good job in land acquisition compensation, subsidies and resettlement.
Fourth landless rural collective economic organizations and farmers should obey the unified land acquisition of the people's governments of cities and counties, perform registration procedures according to law, receive various compensations and subsidies in time, accept resettlement, and hand over the land on time. No unit or individual may obstruct the people's governments of cities and counties from uniformly collecting land according to law.
Article 5 Land expropriation shall adhere to the principles of openness, fairness and justice according to law, strictly follow legal procedures, and implement the system of land expropriation investigation, land expropriation and land expropriation compensation and resettlement plan announcement.
Chapter II Land Requisition Procedures
Article 6 According to the overall land use planning, the annual land use plan and the land supply policy, if the land needs to be expropriated in batches or projects due to construction, the land expropriation administrative department shall issue a land expropriation investigation announcement to the rural collective economic organizations and farmers within the scope of land expropriation.
Article 7 Since the announcement of land acquisition investigation, the relevant procedures for housing renovation, expansion and construction handled by the administrative departments of land and resources, construction and planning have been frozen.
Article 8 Since the announcement of land acquisition investigation, the rural collective economic organizations whose land has been expropriated shall register the agricultural population of their collective economic organizations door by door, post them for publicity, and confirm the members of their collective economic organizations in accordance with relevant regulations; Land administrative departments shall count, register, survey and verify young crops, attachments and houses within the scope of land acquisition; Surveying and mapping the land area, land type and land type collectively owned by peasants of expropriated collective economic organizations, and determining the ownership, type and area of land in accordance with relevant regulations and procedures.
Ninth after the investigation of land expropriation, the land administrative departments of the city and county shall, according to the results of the investigation of land expropriation, draw up the land expropriation plan in accordance with the relevant provisions of the state and the province, and report it to the people's government with the right of approval for approval. After the land acquisition plan is approved according to law, the municipal and county people's governments shall, within 10 working days from the date of receiving the approval document of the land acquisition plan, issue a land acquisition announcement to the expropriated township (town) or village, and the land administrative departments of the municipal and county people's governments shall be responsible for the specific organization and implementation.
Tenth rural collective economic organizations, rural villagers and other rights holders who have been expropriated shall, within the time limit stipulated in the land requisition announcement, go through the formalities of approval with the certificate of land ownership or go through the formalities of land requisition compensation registration at the designated place; If the registration procedures for land acquisition compensation are not completed as scheduled, the compensation content shall be subject to the investigation results of the land administrative department.
Article 11 The municipal and county land administrative departments shall, according to the approved land acquisition plan, draw up a land acquisition compensation and resettlement plan with the land acquisition owner as the unit within 45 days from the date of the announcement of land acquisition, and make an announcement in the township (town) or village where the land acquisition is located to listen to the opinions of the land acquisition rural collective economic organizations and farmers.
Article 12 Where the rural collective economic organizations, rural villagers and other rights holders whose land has been expropriated request a hearing on the compensation and resettlement scheme for land expropriation, they shall submit a written proposal to the relevant land administrative departments of the city and county (district) within 10 working days from the date of the announcement of the compensation and resettlement scheme for land expropriation, and the land administrative departments shall organize a hearing in accordance with the Provisions on Hearing of Land and Resources.
Article 13 When the land administrative department of the people's government of the city or county submits the land requisition compensation and resettlement plan to the people's government of the city or county for examination and approval, it shall attach the opinions and adoption of the rural collective economic organizations, rural villagers and other rights holders whose land has been expropriated. If a hearing is held, a transcript of the hearing shall also be attached.
Fourteenth land acquisition compensation and resettlement plan approved by the municipal and county people's governments, organized by the municipal and county land administrative departments.
Fifteenth land acquisition costs should be paid in full to rural collective economic organizations, rural villagers and other rights holders within 3 months from the date of approval of the land acquisition compensation and resettlement plan.
Sixteenth city and county (District) land administrative departments shall accept the contents of the land acquisition announcement and the land acquisition compensation and resettlement plan or the report on the relevant issues in the implementation, and accept the supervision of the masses.
Chapter III Compensation and Subsidies for Land Requisition
Article 17 After the announcement of land acquisition survey, a qualified surveying and mapping unit shall conduct on-the-spot survey (the collective land ownership certificate has been issued, and a replacement is needed if there is any change), make a survey demarcation map, and issue a survey demarcation technical report.
Urban cadastral survey should be carried out on the land in the urban planning area.
The requisitioned land area is calculated according to the measured (horizontal projection) area. Land types should be based on the base year of the overall land use planning and classified step by step according to the relevant provisions of the state as the basis for calculating various compensation and subsidy expenses.
Eighteenth annual output value standard of land acquisition is based on the average annual output value of cultivated land in the first three years of the county (district) announced by the provincial statistics department.
For the construction land of transportation, energy, large-scale water conservancy, hydropower and other projects, the annual output value of the expropriated land is based on the statistics of cities and counties (districts), and the field survey data of the annual output value of the expropriated land by the departments of land resources and agriculture do not use the average annual output value data of counties (districts).
Nineteenth young crops compensation fee in accordance with the provisions of annex 1 standard one-time compensation.
Crops, cash trees, fruit trees, etc. Since the date of the announcement of land acquisition investigation, it has been planted and hastily planted, and no compensation will be given; If the land use is changed, compensation shall be given according to the land use before the change.
The land compensation fee and resettlement subsidy for the requisition of cultivated land and other land shall be calculated in accordance with the multiples specified in Annex 2 of these Measures.
Twentieth ground attachments compensation in accordance with the buildings and structures (Annex 3), sporadic economic trees and fruit trees (Annex 4), sporadic flowers and trees (Annex 5) and sporadic timber trees and other attachments (Annex 6) compensation standards.
The compensation standard for young crops and attachments is revised once every five years, and implemented after being revised by the Municipal People's Government and submitted to the provincial people's government for examination and approval.
Article 21 If one or more kinds of economic trees, fruit trees, flowers and trees, timber forests and other attachments are planted in the same plot, they shall not be counted, registered or inventoried according to the varieties, specifications and quantities, but shall be compensated at the highest price according to the varieties with the largest planting quantity.
Article 22 If all cultivated land or land of rural collective economic organizations has been requisitioned according to law, and all agricultural population has changed from agriculture to non-agriculture, the establishment of rural collective economic organizations shall be revoked according to law. The property of the former rural collective economic organizations shall be registered and published to farmers for the resettlement of rural collective economic organizations. If its property involves creditor's rights and debts, it shall be enjoyed or borne by the members of the original rural collective economic organization and disposed of according to law.
Twenty-third rural collective economic organizations requisition part of cultivated land according to law, which involves the adjustment of contracted land. The land-expropriated unit shall pay the contracted land adjustment fee to the land-expropriated rural collective economic organization according to the workload of land adjustment.
Chapter IV Land Requisition and Resettlement of Rural-to-Non-Rural Personnel
Twenty-fourth expropriation of land collectively owned by farmers, and at the same time meet the following conditions as members of rural collective economic organizations to be land compensation and resettlement subsidies:
1. Rural collective economic organizations whose household registration is in the expropriated land;
(two) enjoy the right to land contractual management, the right to use the homestead, the right to decide on major issues, and the right to distribute property rights and interests. According to law;
Fulfill the obligations of rural collective economic organizations such as paying taxes and undertaking rural compulsory labor and labor accumulation workers according to law.
Twenty-fifth in any of the following circumstances, it shall be regarded as a member of the rural collective economic organization to give land compensation and resettlement subsidies:
Conscripts and junior non-commissioned officers enlisted from rural collective economic organizations;
Members of the former rural collective economic organizations are now serving fixed-term imprisonment or reeducation through labor;
3. College students admitted from rural collective economic organizations;
Persons who have established marriage relations with members of rural collective economic organizations and have moved in or given birth normally according to law;
(5) Persons who have moved in according to law due to the construction of large and medium-sized water conservancy and hydropower projects in the country and have not yet exercised relevant rights and fulfilled relevant obligations.
Article 26 Requisition of cultivated land or land owned by rural collective economic organizations according to law, and placement of all members of the collective economic organizations. If the establishment of the collective economic organization is revoked upon approval, all land compensation fees and resettlement subsidies will be used for the resettlement of people after the land is expropriated.
The land compensation fee and resettlement subsidy for each person shall be calculated according to the sum of the land compensation fee and resettlement subsidy for the expropriated land area divided by the number of agricultural population that needs to be fully resettled.
Land compensation fees and resettlement subsidies within the municipal area shall be calculated according to the facts if the per capita is higher than 10000 yuan, and if the per capita is lower than 10000 yuan, it shall be calculated according to 10000 yuan. The guarantee standards for land compensation fees and resettlement subsidies in Rongxian and Fushun counties shall be formulated by the county people's government.
Article 27 If the land of a rural collective economic organization is partially expropriated according to law, the number of people who have been resettled from rural to non-rural areas shall be the number of expropriated cultivated land divided by the per capita cultivated land of the rural collective economic organization before its land expropriation; The number of labor resettlement is the number of cultivated land requisitioned divided by the average number of cultivated land occupied by the rural collective economic organization before land expropriation.
Article 28 If the land of a rural collective economic organization whose land has been expropriated is partially expropriated, the land compensation fee and resettlement subsidy shall be paid to the rural collective economic organization whose land has been expropriated. The land compensation fee is earmarked for the employment of surplus labor force and the living allowance for the unemployed, and the resettlement fee is earmarked for the production and living resettlement of the members of the rural collective economic organizations whose land has been expropriated.
The land compensation fee and resettlement subsidy for each person who needs resettlement shall be calculated according to the sum of the land compensation fee and resettlement subsidy for the expropriated cultivated land area divided by the number of agricultural population who needs resettlement. The per capita of municipal districts is higher than 10000 yuan; If the per capita income is less than 1 10,000 yuan, it shall be calculated as 1 10,000 yuan. The difference is first made up by the land compensation fee for the expropriated rural collective economic organizations and the resettlement subsidy for other expropriated land areas. Not enough, by the land acquisition unit to make up. The guarantee standards for land compensation fees and resettlement subsidies in Rongxian and Fushun counties shall be formulated by the county people's government.
Article 29 The land administrative departments of the people's governments of cities and counties shall have the right to require the rural collective economic organizations to announce the income and expenditure of the land acquisition compensation and resettlement fees to the members of the collective economic organizations after allocating the land acquisition compensation and resettlement fees to the requisitioned rural collective economic organizations. The expropriated rural collective economic organizations shall, within a certain period of time, provide the land administrative departments of the people's governments of cities and counties with a list of payment for land acquisition compensation and resettlement fees.
Thirtieth landless farmers voluntarily receive a monthly basic pension, land acquisition units can be converted into old-age insurance premiums, in accordance with the relevant provisions of a one-time payment of social security institutions.
The specific measures for endowment insurance for landless farmers shall be formulated separately by the Municipal Labor and Social Security Bureau in conjunction with the Municipal Bureau of Land and Resources and the Municipal Finance Bureau in accordance with the relevant provisions of the state and the province, and shall be implemented after being approved by the Municipal People's government.
Article 31 Land-expropriated units shall issue a one-time additional payment of 1 0,000 to 1 to the land-expropriated personnel approved by the local people's government or the civil administration department, and the living allowance of 500 yuan.
Article 32 If a rural collective economic organization or individual whose land has been expropriated refuses to collect all the land expropriation fees within the time limit stipulated in the announcement, the relevant fees shall be deposited into a special account in the name of the rural collective economic organization or individual whose land has been expropriated, and it shall be deemed that compensation and resettlement have been made.
Article 33 If the agricultural population of rural collective economic organizations whose land has been expropriated is converted into non-agricultural population due to land expropriation, it shall be incorporated into local neighborhood offices, communities and neighborhood committees for management according to urban residents. Meet the conditions, the implementation of the minimum living guarantee system for urban residents.
Chapter V Land Requisition, Demolition and Housing Resettlement
Thirty-fourth rural collective economic organizations all the land has been requisitioned according to law, and the following two forms of housing placement for farmers whose land has been requisitioned and relocated shall be voluntarily chosen by the relocated households, and self-demolition and self-construction shall not be implemented.
1. Currency settlement. If the per capita construction area is less than 20 square meters, Gongjing District, Da 'an District and yantan district will increase by 2 times and Zigong High-tech Industrial Development Zone will increase by 2.5 times according to the standards specified in Annex 3 of these Measures. If the per capita construction area exceeds 20 square meters, Gongjing District, Da 'an District and yantan district will be compensated by 0.7 times, and Zigong High-tech Industrial Development Zone will be compensated by/kloc-0 times according to the standards specified in Annex 3 of these Measures. The monetary resettlement standards of Rongxian and Fushun counties shall be formulated by the county people's government.
If the relocated households who need monetary resettlement sign a monetary resettlement agreement with the land acquisition unit and purchase their own houses, the land acquisition unit will pay the monetary resettlement fee for the house purchase on behalf of the relocated households with the purchase agreement. If there are any savings, they will be paid directly to the relocated households. If the relocated households have purchased houses at the time of land acquisition, they can hold the property right certificate. After verification, the land acquisition unit will pay the monetary resettlement fee to the relocated households at one time.
2. Housing placement. Land acquisition units or land acquisition units entrust relevant owners to build resettlement houses in a unified way according to the plan, and carry out property rights replacement with the relocated households.
Standard for replacement area of property rights: for relocated households with more than 3 family members (including 3 people), each person can replace the construction area of 20 square meters; 1 2 relocated households can replace a complete set of brick-concrete housing with a construction area of about 40 square meters.
After the relocated households and land acquisition units implement property rights replacement according to the standard, each property owner can purchase resettlement houses within 10 square meter.
Fixed make-up standard: the relocated households will make a fixed make-up for the land requisition units within the standard of property rights exchange area, with the brick-concrete structure in Gongjing District, Jin Kui District and yantan district being 35 yuan per square meter, the brick-wood structure being per square meter 1 10 yuan, and the wooden column structure being per square meter 120 yuan, and the make-up price difference for the brick-concrete structure being 45 yuan within the scope of Zigong High-tech Industrial Development Zone. Brick-wood structure makes up the price difference per square meter 126 yuan, wood column structure makes up the price difference per square meter 135 yuan, and earth wall structure makes up the price difference per square meter in 200 yuan.
Preferential price: 480 yuan per square meter in Gongjing District, Da 'an District and yantan district, and 550 yuan per square meter in Zigong High-tech Industrial Development Zone; More than the preferential area, Gongjing District, Da 'an District, yantan district, according to the calculation of 680 yuan per square meter; Zigong High-tech Industrial Development Zone is calculated by 780 yuan per square meter.
Land acquisition units will no longer make any compensation for the houses that have been demolished and the houses that have replaced the property rights of resettlement houses. The residual value of the demolished house belongs to the land acquisition unit.
The remaining construction area after the property right exchange of the demolished houses and resettlement houses shall be compensated by the land acquisition unit in accordance with the standards stipulated in Annex 3 of these Measures, with Gongjing District, Da 'an District and yantan district increasing by 0.7 times and Zigong High-tech Industrial Development Zone increasing by/kloc-0 times.
The fixed compensation standard, preferential price and compensation standard for the remaining area after property right replacement in Rongxian and Fushun counties shall be formulated by the county people's government.
The object of monetary resettlement and housing resettlement is the family members of the owner of the house to be demolished in accordance with the provisions of Article 24 and Article 25 of these Measures.
Thirty-fifth rural collective economic organizations' land is partially expropriated according to law, which involves part of house demolition and part of agricultural population resettlement. The compensation and resettlement of land-expropriated farmers' houses shall take the following forms:
1. Self-demolition and self-construction. Land acquisition units shall, in accordance with the standards stipulated in Annex 3 of these Measures, compensate the demolished houses by 0.5 times, and the residual value of the demolished houses shall be returned to the demolished people. The site selection of self-built houses shall be designated by the planning department in a unified way, and the homestead area shall be designated according to law.
Focus on the construction of rural settlements (in central villages or small towns). Take limited area replacement, according to the housing structure to make up the difference. The residual value of the house of the relocated household belongs to the land acquisition unit. The make-up examination standard shall be implemented in accordance with the make-up examination standard stipulated in Item (2) of Article 34 of these Measures. The area per person is limited to 20 square meters. The part of the demolished house that exceeds the replacement area shall be compensated by the land acquisition unit in accordance with the standards stipulated in Annex 3 of these Measures.
Thirty-sixth buildings and structures that need compensation for demolition shall be based on the "collective land construction land use certificate", "house ownership certificate" or the legal procedures approved during construction. The area should be surveyed and approved by the land acquisition unit or entrusted by the relevant unit according to the requirements of national specifications.
Thirty-seventh demolition of legitimate houses that meet the following conditions can be compensated according to production, office (non-residential) and business purposes:
Approved by the planning and management department for production, office and business;
(2) Land for production, office and business approved by the land administrative department;
It has obtained the business license of the administrative department for industry and commerce, and the location and area of the business premises are consistent with those approved by the planning and land administrative departments;
4. It is registered by the competent tax authorities and has a tax basis.
The compensation standard for production and office buildings is increased by 2.2 times according to the standard specified in Annex 3 of these Measures; The compensation standard for commercial housing is increased by 2.5 times according to the standard specified in Annex 3 of these Measures.
Thirty-eighth the following buildings and structures shall not be compensated, and shall be borne by the demolition.
Self-explosion:
1. Expired temporary buildings and structures;
Buildings and structures built in violation of laws and regulations;
3 buildings and structures sealed up after the announcement of land acquisition investigation (frozen and cancelled).
Thirty-ninth people who have been relocated in advance within the period of relocation and resettlement, land acquisition units can give appropriate incentives. Land acquisition units can give appropriate rewards to relevant personnel who actively participate in and support land acquisition and demolition work.
Fortieth the transitional resettlement of house demolition shall be solved by the demolition person himself, and within the scope of the municipal district, the transitional turnover fee of 50 yuan shall be paid to each person every month; If the transition period exceeds 18 months, the land acquisition unit will be increased by 1 times, and the transition turnover fee will be paid. For relocated households with monetary resettlement and self-demolition and self-construction, the land acquisition unit will issue a transitional turnover fee of 3 months. The transitional turnover fee for Rongxian and Fushun counties shall be formulated by the county people's government.
Forty-first moving, cooking, delays subsidies according to the standards stipulated in Annex 7 of these measures; Temporary buildings that have not exceeded the approved service life shall be compensated according to the standards specified in Annex 8 of these Measures.
Chapter VI Legal Liability
Forty-second construction requisition and use of land, compensation and resettlement according to law, the parties refused to move, the land administrative departments of the people's governments at or above the county level shall be ordered to move within a time limit; Those who fail to move within the time limit shall be forced to move with the approval of the people's government at or above the county level, and may be fined not less than 3,000 yuan but not more than 20,000 yuan.
Forty-third in the process of land acquisition, the parties do not comply with the relevant laws and regulations of the state, and in any of the following circumstances, if the circumstances are minor, the public security organs shall punish them in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law; If economic losses are caused, the parties concerned shall bear civil liability for compensation:
1. extortion of property;
Inciting the masses to make trouble, affecting social stability and obstructing national construction;
Refusing or obstructing land management personnel from performing official duties according to law.
Article 44 Where the land administrative departments and their land acquisition and demolition staff neglect their duties, abuse their powers, engage in malpractices for selfish ends, misappropriate, intercept or occupy the compensation fees for land acquisition, their units or the competent authorities at higher levels shall investigate the administrative fault liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-fifth disputes over compensation standards for land acquisition shall be settled by the municipal and county people's governments through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan.