Decree No.69 of the municipal government
The "Measures" for the resettlement of compensation for construction land in Zigong City have been revised and adopted at the 26th executive meeting of the 16th People's Government of Zigong City in 20 13 years122 October, and are hereby promulgated.
Mayor: Peng Lin.
February 2, 2065 438+03
Measures of Zigong Municipality on Compensation, Subsidy and Resettlement for Land Requisition for Construction
Adopted at the 67th executive meeting of the 15th Zigong Municipal People's Government on September 24th, 2009, and revised at the 26th executive meeting of the 16th Zigong Municipal People's Government on October 22nd. )
Chapter I General Principles
Article 1 In order to strengthen the management of compensation, subsidies and resettlement for land requisition for construction in our city, ensure the smooth development of land requisition, 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 Implementation Regulations of the Land Administration Law of the People's Republic of China, the Property Law of People's Republic of China (PRC) and the Land Administration Law of Sichuan Province.
Second these Measures shall apply to the compensation, subsidy and resettlement of land acquisition within the administrative area of our city. Unless otherwise provided by laws, regulations and the state and province, such provisions shall prevail.
Third expropriation of land collectively owned by farmers within the administrative area of our city shall be implemented by the people's governments of cities and counties (districts) according to law. County (District) people's government is responsible for organizing the implementation of land acquisition, and the land acquisition contractor determined by the city and county (District) people's government is responsible for the specific implementation.
Zigong High-tech Industrial Development Zone Management Committee is responsible for organizing and implementing the land acquisition work within the management scope of Zigong High-tech Industrial Development Zone Management Committee, and determining the land acquisition contractor to be responsible for the specific implementation.
No other unit or individual may requisition land by itself.
The people's governments of cities, counties and districts shall strengthen their leadership in land acquisition; The administrative department of land and resources is responsible for the management, supervision and guidance of land expropriation; The human resources and social security department shall, jointly with relevant departments, be responsible for the compilation, review and implementation of the social security scheme for landless farmers; Development and reform (price), public security, finance, housing and urban security, civil affairs, agriculture and animal husbandry, forestry, water affairs, statistics and other relevant administrative departments and township (town) people's governments and sub-district offices shall, according to their respective functions and duties, do a good job in land acquisition compensation and resettlement. The village (neighborhood) committee shall cooperate with the land acquisition undertaking unit to do a good job in land acquisition compensation and subsidy resettlement.
Article 4 Rural collective economic organizations and farmers whose land has been expropriated shall obey the requisition of land by the people's governments of cities, counties and districts according to law, go through the 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, counties and districts from requisitioning land according to law.
Article 5 Land expropriation shall adhere to the principles of legality, openness, fairness and impartiality, and be implemented in strict accordance with legal procedures.
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 land needs to be expropriated in batches or by sub-projects for construction, the county (district) administrative department of land and resources shall inform the rural collective economic organizations within the scope of the expropriated land in writing.
Article 7 Since the announcement of land requisition, the people's government of a township (town) shall organize the rural collective economic organizations whose land has been requisitioned to register their agricultural population door by door, put up a list for publicity, and confirm their members in accordance with relevant regulations.
The land acquisition undertaking unit shall count, register, survey and verify the young crops, attachments and houses within the scope of the expropriated land; Entrust a unit with corresponding land survey qualification to measure the land area and land type within the scope of land to be expropriated, investigate the land area, land type and ownership of collective economic organizations to be expropriated, and determine the land ownership, category and area in accordance with relevant regulations and procedures.
Article 8 After the announcement and investigation of land requisition, the administrative department of land and resources of the city and county (district) shall, according to the results of land requisition investigation, draw up a land requisition plan in accordance with the relevant provisions of the state and the province, and submit 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), village (community) and group.
Ninth rural collective economic organizations, rural villagers and other rights holders of expropriated land shall, within the time limit stipulated in the land acquisition announcement, go through the formalities of approval with the certificate of land ownership or go through the formalities of registration of land acquisition compensation 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 survey results of the land acquisition contractor.
Article 10 The municipal and county administrative departments of land and resources shall, according to the approved land acquisition plan, draw up a compensation and resettlement plan for the expropriated land with the owner of the expropriated land as the unit within 45 days from the date of the announcement of land acquisition, and make an announcement in the township (town), village (community) and group where the expropriated land is located to listen to the opinions of rural collective economic organizations and farmers.
Article 11 Where rural collective economic organizations, rural villagers and other rights holders request to hold a hearing on the land acquisition compensation and resettlement scheme, they shall, within 65 working days from the date of the announcement of the land acquisition compensation and resettlement scheme, submit a written proposal to the relevant municipal and county (district) land and resources administrative departments, which shall organize a hearing in accordance with the Provisions on Land and Resources Hearing.
After the announcement of the land acquisition compensation and resettlement plan, the county (District) people's government shall organize relevant departments to conduct social stability risk assessment on the implementation of land acquisition and demolition in accordance with relevant regulations, and form a risk assessment report.
Twelfth land acquisition compensation and resettlement plan approved by the municipal and county people's governments, the specific implementation by the land acquisition contractor.
Thirteenth 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.
Chapter III Compensation and Subsidies for Land Requisition
Fourteenth land acquisition area is calculated according to the measured (horizontal projection) area. Land types are classified according to the present situation of land use as the basis for calculating various compensation and subsidy expenses.
Fifteenth the annual output value standard of cultivated land requisition shall be subject to the unified annual output value standard of land requisition approved by the provincial people's government.
Sixteenth young crops compensation fees should be converted according to the unified annual output value standard. Da Chun crops in two seasons a year are compensated according to 60% of the unified annual output value standard, and Koharu (dry land) crops are compensated according to 40% of the unified annual output value standard; Other crops in a season are compensated according to the unified annual output value standard, and no compensation will be given if there are no young crops.
Seventeenth multiples of land compensation and resettlement subsidies for the expropriation of cultivated land are calculated in the following ways. The land compensation fee levied per mu of cultivated land is calculated at 10 times of the unified annual output value standard. Resettlement subsidy is calculated according to the per capita cultivated land area of the collective economic organization of the expropriated land, and according to the following standards: if the per capita cultivated land is more than 1 mu, the per mu cultivated land is calculated according to 6 times of the unified annual output value standard; If the per capita arable land is insufficient 1 mu, each resettlement population shall be calculated at 6 times of the unified annual output value standard. If the sum of the multiples of the two compensation fees for land requisition is less than 16 times, it shall be calculated as 16 times.
Land compensation fees and resettlement subsidies for requisitioning non-cultivated land shall be halved according to the above standards.
Article 18 The compensation for the above-ground attachments shall be implemented according to the compensation standards for the above-ground structures and other ancillary facilities (see annex 1 for details), poles (including ancillary facilities), wires (see annex 2 for details), pipelines (see annex 3 for details), scattered trees (see annex 4 for details), patch trees (see annex 5 for details) and scattered flowers (see annex 6 for details).
Crops, economic trees, fruit trees and other ground attachments that have been planted or planted since the date of the announcement of land acquisition will not be compensated.
Article 19 Where a variety of economic trees, fruit trees, flowers and trees, timber forests and other attachments are planted on the same plot, statistics, registration and cataloguing shall not be carried out respectively according to the varieties, specifications and quantities, and compensation shall be made according to the area of the varieties with the largest planting quantity.
Twentieth rural collective economic organizations in accordance with the law after the partial expropriation of cultivated land, involving the adjustment of contracted land, the land acquisition contractor shall pay the adjustment fee to the rural collective economic organizations according to the adjustment of land workload.
Chapter IV Personnel Placement
Twenty-first expropriation of land collectively owned by farmers, and meet the following conditions and approved by the collective economic organizations, as a member of the rural collective economic organizations to be resettlement subsidies, to participate in land compensation distribution:
(1) Rural collective economic organizations whose permanent residence is in the expropriated land;
(2) Enjoy the right to contracted management of land, the right to use homestead, the right to make major decisions and the right to distribute property rights and interests according to law;
(three) to fulfill the obligations of rural collective economic organizations such as rural compulsory workers and labor accumulation workers according to law.
Twenty-second in any of the following circumstances, it shall be deemed that members of rural collective economic organizations give resettlement subsidies and participate in land compensation distribution:
(1) conscripts, first-class non-commissioned officers and second-class non-commissioned officers currently serving in the army and recruited from rural collective economic organizations;
(2) Former members of rural collective economic organizations who are serving fixed-term imprisonment or reeducation through labor;
(3) College students admitted from rural collective economic organizations;
(4) Persons who have established marriage relations with members of rural collective economic organizations and have normally moved in or given birth 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 23 Requisition of cultivated land or land owned by rural collective economic organizations according to law, and resettlement of all members of the collective economic organizations. If the organizational system of the collective economic organization of the expropriated land has been revoked after approval, all the land compensation fees and resettlement subsidies will be used for the resettlement of the people after the land is expropriated. The property of the original rural collective economic organization shall be registered and announced to the members of the collective economic organization, and its property and the creditor's rights and debts involved shall be enjoyed or borne by the members of the original rural collective economic organization.
Article 24 If the land of a rural collective economic organization is partially expropriated according to law, the number of farmers who are transferred to non-farmers for resettlement shall be the number of expropriated land divided by the number of land occupied per capita before the expropriation of land by the rural collective economic organization.
If the land is expropriated by a separate site selection project outside the urban planning area, and there are more cultivated land resources after expropriation, and the per capita cultivated land is more than 1 mu, agricultural resettlement can be carried out on the basis of respecting the wishes of the landless farmers.
Article 25 If the land of a rural collective economic organization is partially expropriated, the land compensation fee shall be paid directly to the rural collective economic organization for the development of production, employment of surplus labor generated by land expropriation, provision of living allowance for those who cannot find employment, and payment of social insurance premiums. Specific measures shall be formulated separately, and no other unit may intercept or misappropriate them in disguised form. Resettlement subsidies are used for the production and living resettlement of members of rural collective economic organizations whose land has been expropriated. If the resettlement personnel participate in social insurance according to the regulations, the resettlement subsidy shall be used to pay social insurance premiums first, and the rest shall be reserved for personal living resettlement fees.
Article 26 After the land acquisition undertaking unit allocates the land acquisition compensation and resettlement fees to the expropriated rural collective economic organizations in accordance with the regulations, the expropriated rural collective economic organizations shall legally and reasonably allocate and use them under the supervision and guidance of townships (towns) and villages, and announce the income and expenditure and distribution of land acquisition compensation fees to the members of the collective economic organizations and accept supervision. Agriculture, civil affairs and other departments should strengthen supervision over the distribution and use of land acquisition compensation within rural collective economic organizations.
Article 27 If the agricultural population of rural collective economic organizations whose land has been expropriated turns into non-agricultural population, it shall be incorporated into the local neighborhood offices, communities and residents' committees to be managed according to urban residents and incorporated into the urban social security system. The minimum living security, unemployment insurance, medical insurance and old-age insurance for rural residents shall be implemented in accordance with the relevant provisions of the state, province and city.
Article 28 The land acquisition unit shall issue a one-time additional living allowance of1.5,000 to 2,000 yuan per person for those who have been approved by the local civil affairs and other relevant departments as five-guarantee households, low-guarantee households and orphans and disabled persons above Grade 6 (Grade 2 and Grade B).
Article 29 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 in 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.
Chapter V Compensation and Resettlement for House Demolition
Thirtieth rural collective economic organizations need to demolish rural houses within the scope of land expropriation after land expropriation according to law, and should compensate and resettle the members of rural collective economic organizations involved in house demolition.
The following personnel involved in rural housing demolition shall be included in the scope of compensation and resettlement for housing demolition:
(1) Persons who meet the requirements of Article 21 of these Measures.
(two) the permanent residence is not in the villagers' group where the land is expropriated, but belongs to the people whose spouses, children and parents have lived together for a long time and have no housing in other places, and meet one of the following circumstances:
1. A legal supporter who needs to live with his children because his only child is legally married and moves into a rural collective economic organization with the expropriated land, and has no housing in his place of origin and does not enjoy or participate in the distribution of the right to use the homestead;
2. Rural collective economic organizations that moved into the expropriated land due to legal marriage and their legal guardianship children who moved in with them;
3. People who were originally members of the collective economic organization, but have been urbanized due to the expropriation of the land of the collective economic organization, but have not made compensation and resettlement for house demolition;
4. Persons who meet the requirements of Article 22 of these Measures.
Persons who have implemented monetary compensation resettlement or housing resettlement due to national construction land acquisition and demolition shall not be included in the scope of resettlement personnel again in the future land acquisition and demolition resettlement. However, the implementation of self-demolition and self-construction resettlement involves the second demolition of houses.
Article 31 If all the land of rural collective economic organizations is expropriated according to law, and part of the land of rural collective economic organizations in the control area of urban planning in the near future involves the demolition of rural houses, self-demolition and self-construction resettlement will not be implemented, and the relocated households will voluntarily choose the resettlement method from the following two ways:
Monetary resettlement
If the relocated households choose monetary resettlement, the demolished houses shall be subject to the legal property area and structure, and the part within 30 square meters per capita shall be compensated according to the replacement price standard and in the order of frame, brick-concrete, brick-wood structure, civil (including wood structure) and simple structure; For the part with per capita area exceeding 30 square meters, the compensation will be increased by 0.9 times according to the replacement price standard (see Annex 7 for details).
If monetary resettlement is implemented for the relocated households, in addition to the compensation for the houses at the replacement price, the relocated households should be given housing subsidies according to the population that needs resettlement. The housing subsidy is calculated at 30 square meters per capita, and the subsidy per square meter is 1 100 yuan.
Housing replacement price compensation and housing subsidies are paid by the land acquisition contractor to the relocated households in one lump sum, and the relocated households purchase their own houses for resettlement, and the residual value of the demolished houses belongs to the land acquisition unit.
(2) Housing placement
The land acquisition undertaking unit or the land acquisition undertaking unit entrusts the relevant owners to build resettlement houses for the relocated households according to the plan, and the demolished houses and resettlement houses will be replaced with property rights.
If the relocated households choose housing placement, the per capita construction area is 30 square meters as the resettlement standard, and the resettlement area is calculated according to the population that the property owner needs to resettle. If the population to be resettled is 1, a 45-square-meter apartment 1 set is required. If more than 2 people need to be resettled, the resettlement area shall be calculated according to the actual resettlement population. The relocated households shall replace the legitimate property rights with resettlement houses in the order of frame, brick-concrete structure, brick-wood structure, civil (including wood structure) and simple structure within the standard area of per capita resettlement.
The construction area of each resettlement house shall not exceed the resettlement area calculated by 30 square meters per person. If the actual resettlement area is less than 10 square meter, the relocated households will make up the difference at the cost price, and the part exceeding 10 square meter will be made up by the relocated households at the average selling price of local commercial housing.
After the property right exchange, the remaining legal property area of the demolished house is compensated by 0.9 times of the replacement price standard of houses with different structures. After housing resettlement compensation, the residual value of the house belongs to the land acquisition unit.
Thirty-second expropriation of urban planning in the near future construction control area of some rural collective economic organizations need to carry out rural housing demolition, the implementation of self demolition and self construction resettlement.
If self-demolition and self-construction are adopted for resettlement, the replacement price of the house shall be increased by 0. 1 times based on the legal property area and structure of the house to be demolished for compensation.
After the compensation for house replacement price is paid by the land acquisition contractor to the relocated households in one lump sum, the relocated households will build their own houses for resettlement, and the residual value of the houses will be owned by the relocated households.
Thirty-third buildings and structures that need demolition compensation are based on the "collective land construction land use certificate", "house ownership certificate" or approved legal procedures. The area should be surveyed and approved by the land acquisition contractor or its entrusted relevant units according to the requirements of national specifications.
Thirty-fourth legal houses that meet all the following conditions at the same time can be compensated according to production, office (non-residential) and business purposes:
(a) approved by the administrative department of planning for production, office and business;
(two) approved by the administrative department of land and resources for production, office and business purposes;
(3) It has obtained a business license from 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 and resources management department;
(four) registered by the competent tax authorities, there is a tax basis.
The compensation standard for production and office buildings is increased by 1.6 times according to the replacement price standard specified in Annex 7 of these Measures; The compensation standard for commercial buildings is increased by 2 times according to the replacement price standard specified in Annex 7 of these Measures.
Thirty-fifth the following buildings and structures shall not be compensated, and shall be demolished on schedule by the demolition:
(1) expired temporary buildings and structures;
(two) illegal buildings and structures;
(three) buildings and structures that have been built since the date of land acquisition announcement.
Thirty-sixth people who have been relocated in advance within the period of relocation, land acquisition units can give appropriate incentives. Land acquisition contractors can give appropriate rewards to relevant personnel who actively participate in and support land acquisition and demolition work.
Article 37 If the transitional resettlement of house demolition is solved by the demolished person, the transitional turnover fee of 100- 150 yuan per person per month shall be paid within the municipal area, and the transitional period is 12 months; If the transition period exceeds 12 months, the land acquisition undertaking unit will increase the transition turnover fee 1 times. For relocated households with monetary resettlement and self-demolition and self-construction, the land acquisition contractor will issue a three-month transitional turnover fee.
Thirty-eighth temporary buildings that have not exceeded the approved service life shall be compensated according to the replacement price standard of simple structure; Subsidies for moving, cooking and delayed work shall be given according to the standards specified in Annex 8 of these Measures.
Chapter VI Legal Liability
Thirty-ninth construction requisition and use of land, compensation and resettlement according to law, if the parties refuse to move, the administrative department of land and resources of the people's government at or above the county level shall order them to hand over the land; Those who refuse to hand over the land shall apply for compulsory execution according to law.
Fortieth in the process of land expropriation, the parties do not comply with the relevant laws and regulations of the state, and under any of the following circumstances, if the circumstances are minor, the public security organ shall punish them according to the Law of People's Republic of China (PRC) on Public Security Administration Punishment; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law:
(a) defrauding land acquisition compensation subsidies and resettlement funds;
(2) Inciting disturbances, disrupting social order and obstructing national construction;
(3) obstructing state functionaries from performing their official duties according to law.
Article 41 Where a land acquisition unit and its staff neglect their duties, abuse their powers, engage in malpractices for selfish ends, misappropriate, intercept or occupy land compensation subsidies and resettlement subsidies, their units or the competent authorities at higher levels shall investigate administrative responsibilities according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-second land acquisition compensation disputes by the city and county (District) people's government. Disputes over land acquisition compensation, subsidies and resettlement will not affect the implementation of the land acquisition plan.
Chapter VII Supplementary Provisions
Forty-third township (town) village collective construction occupied collective land, the ground attachments can be compensated according to the standards stipulated in these measures.
Forty-fourth Fushun County, Rong County People's government in accordance with the provisions of these measures, formulate detailed rules for implementation, submitted to the Municipal People's government for approval before implementation.
Article 45 These Measures shall come into force as of the date of promulgation. According to the standard stipulated in the Reply of Sichuan Provincial People's Government on Agreeing to the Compensation Standard for Young Crops and Ground Attachments in Zigong City (Chuanfuhan [2012] No.89), a compensation and resettlement plan for land acquisition shall be formulated and submitted to the provincial government for approval, and the compensation for land acquisition shall be implemented according to the standard stipulated in these Measures.
Zigong Municipal People's Government issued the Measures for Compensation, Subsidy and Resettlement of Land Requisition for Construction in Zigong City on June 65438+1October 9, 2009 (Order No.65 of Zigong Municipal People's Government) shall be abolished at the same time.
Attachment: 1 Compensation standard for buildings and other ancillary facilities on land requisitioned for construction in Zigong City
2 Zigong city construction land poles (including ancillary facilities) and wire compensation standards.
3 Zigong city construction land pipeline compensation standard
4 Zigong city construction land requisition compensation standard for scattered trees.
5. Compensation standard for forest land requisition for construction in Zigong city.
6 Zigong city construction land requisition sporadic flowers and trees, flower compensation standard
7 Zigong city construction land acquisition housing replacement price standard
8 Zigong city construction land relocation, cooking, delays subsidies.