Administrative committees of industrial parks, township people's governments, sub-district offices, district government departments, Chinese and Chongqing units in Fucheng, belonging to various enterprises and institutions:
According to the Notice of Chongqing Municipal People's Government on Relevant Matters Concerning Adjustment of Land Requisition Compensation and Resettlement Policy (Y.F.F. (2008) No.45), Chongqing Land Management Regulations (Chongqing Municipal People's Government Decree No.53), Chongqing Land Requisition Compensation and Resettlement Measures (Chongqing Municipal People's Government Decree No.55) and relevant provisions of land management laws and regulations, and in combination with the actual situation in our region, we hereby notify relevant matters concerning adjustment of land requisition compensation and resettlement policy in the whole region as follows.
The first is to adjust the methods and standards of land acquisition compensation and resettlement.
Land expropriation shall pay land compensation fees, resettlement subsidies and compensation fees for buildings (attachments) and young crops on the ground according to law. Land compensation fees and resettlement subsidies are calculated separately.
(1) Land compensation fee
1. The land compensation fee is calculated according to the expropriated area and area standard: Class I area 14000 yuan/mu; Second-class area 13000 yuan/mu; Class III area 12000 yuan/mu (see attached table 1 for regional division).
2. 80% of the total land compensation fee is used as a whole for landless farmers to participate in the basic old-age insurance for urban enterprise employees, and the land administrative department will transfer it to the labor and social security department; The remaining 20% is paid to the rural collective economic organizations whose land has been expropriated, which is used to develop the collective economy and arrange the production and life of the members of the collective economic organizations.
3. The management, use and distribution of the 20% land compensation fee paid to the rural collective economic organizations whose land has been expropriated shall be strictly implemented in accordance with the relevant provisions on the management of collective funds.
(2) Resettlement subsidy
1. The resettlement subsidy is calculated according to the number of agricultural population transferred to non-resettlement, and the resettlement subsidy standard for each agricultural population transferred to non-resettlement is 26,000 yuan.
2. The payment of resettlement subsidies is determined according to the different age groups of landless farmers: for landless farmers under the age of 16, the resettlement subsidies are paid in full to individuals; For those who have reached the age of 16 and above, their individuals should pay 50% of the total cost of participating in the basic old-age insurance for employees of urban enterprises in accordance with relevant regulations, and the land administrative departments will transfer them from their resettlement subsidies to the labor and social security departments to be earmarked for the basic old-age insurance for landless farmers, and the rest of the resettlement subsidies will be paid to individuals.
If 80% of the land compensation fee and the monks who pay the basic old-age insurance fee can't meet the capital demand of the landless peasants to participate in the basic old-age insurance, the difference will be made up by the land-expropriated units until the capital demand of the landless peasants to participate in the basic old-age insurance is met.
(3) Compensation for young crops and above-ground buildings (attached)
1. Young crop compensation
Young crops compensation fee is calculated according to the cultivated land area of the expropriated land, and the standard is implemented according to Schedule 3.
2. Compensation for the above-ground structure
The compensation standard for the above-ground structures shall be implemented according to Schedule 5.
3. Economic forest compensation
The economic forest compensation standard shall be implemented according to Schedule 4. There are many economic trees in the expropriated land, which can be calculated according to the actual situation of economic trees within the scope of land acquisition, and carried out by means of comprehensive quota compensation. But the maximum per mu does not exceed 2,000 yuan, and the township people's government, sub-district offices and village (neighborhood) committees will help guide the collective economic organizations of the expropriated land, and calculate and distribute them to households according to the actual number of economic trees on the ground and the standards stipulated in Schedule 4; If there is a balance, as a collective economic organization to accumulate funds, by the collective economic organizations in accordance with the provisions of the arrangement.
The compensation for forest land and trees shall be implemented according to the compensation standard stipulated in the Regulations of Chongqing Municipality on Forest Land Management.
(four) rural housing demolition compensation and resettlement.
1. Basis for determining compensation for house demolition
The compensation for land requisition and demolition of rural houses is based on the collective land use certificate and the rural house ownership certificate. If the newly-built house fails to obtain the rural collective land use right certificate and the rural house ownership certificate in time, it shall be based on the approval procedures of urban and rural residents' housing land approval, rural construction planning permit and other relevant laws. Illegal buildings (structures) will not be compensated.
2 housing demolition compensation area approved
The compensation area for land acquisition and demolition of rural houses shall be subject to the legal area of housing property registration. If there is a legal basis and the property right registration has not been handled, the land acquisition implementation unit shall clean up the measured area. The measurement of housing area shall be carried out in accordance with the relevant national measurement standards.
3. Housing demolition compensation standard
The compensation standard for rural house demolition of land acquisition shall be implemented according to Schedule 2.
4. Housing placement object
The time when the District People's Government issues the land requisition announcement shall prevail, and the landless farmers who hold the collective land use warrants and the house ownership warrants shall be the housing resettlement targets.
If the housing resettlement object meets the following conditions, it is an additional natural housing object: (1) The housing resettlement object is married and childless; (2) the spouse or minor children of the housing resettlement object are registered permanent residence in this district, and they have no housing elsewhere and have lived with the housing resettlement object for a long time (more than two years).
If the relocated households have two or more rural houses, they can only enjoy a housing placement together.
5. Housing resettlement standards
For those who meet the housing resettlement conditions, the housing resettlement standard is 30 square meters per capita construction area; If it meets the requirements for purchasing natural houses, the standard for purchasing natural houses is15m2/person.
6. Housing placement methods
Housing resettlement methods include monetary resettlement, self-built resettlement and unified resettlement.
(1) Money delivery
The compensation for house demolition in towns, parks, scenic spots above the municipal level and other planning areas will no longer be self-built, and housing monetary resettlement will be implemented in principle.
The monetary resettlement standard is calculated according to the difference between the price of regional affordable housing and the compensation standard of brick wall (stone) assembled housing at the time of land acquisition multiplied by the construction area of the house to be resettled. In line with the conditions of increasing the purchase of natural houses, the monetary resettlement standard is calculated according to the 50% of the regional economic applicable housing price multiplied by the construction area of the natural house to be purchased.
Rural house demolition households (house demolition has not been transferred to non-villagers, urban personnel) who do not belong to the housing resettlement object within the scope of land acquisition do not enjoy housing monetary resettlement, and the compensation for house demolition is increased by 70% according to the standard in Schedule 2.
(2) Self-built resettlement
Cities and towns, parks, scenic spots and other planning areas above the municipal level, where the land is partially expropriated, shall apply for self-built houses according to the Regulations on the Management of Rural Homestead after 70% compensation is increased according to the standards in Schedule 2.
(3) Unified construction and resettlement
If the housing resettlement object chooses to purchase houses at a unified discount and there are indeed conditions for the unified construction of resettlement houses, in addition to the adjustment policies such as housing resettlement standards, it shall be implemented in accordance with the relevant provisions of the Measures for Compensation and Resettlement of Land Expropriation in Chongqing (Order No.55 of Chongqing Municipal People's Government).
7. Determination of relevant prices
The sub-regional affordable housing price for monetary resettlement, the comprehensive cost of unified construction and preferential purchase, and the construction and installation cost shall be subject to the price approved and announced by the District People's Government.
8. Payment standards such as moving allowance.
Mobility allowance. For the relocated households within the prescribed time limit, the relocation subsidy will be calculated once per household. For each household with less than 3 people (including 3 people) in 500 yuan, each increase of 1 person per household with more than 3 people will increase by 100 yuan, but each household will not exceed 1000 yuan. Temporary transition households are calculated twice.
Transfer fee. Is a unified construction of preferential resettlement housing, calculated according to the actual transition time; For self-built resettlement, the transition time shall not exceed 6 months, and each person shall pay the transition fee per month 150 yuan.
Relocation allowance. Belong to the housing monetary resettlement and self-built resettlement, each person shall be given a one-time relocation subsidy to 500 yuan.
9. Implement the demolition subsidy.
Within the time limit stipulated in the land requisition announcement, if the house owner carries out the demolition, each household with 3 or less people will be given 2000 yuan, and each household with more than 3 people (excluding 3 people) will be given 500 yuan subsidy for every increase of 1 person. If the demolition is not carried out within the prescribed time limit, no subsidy will be granted.
(five) compensation for enterprises with legal examination and approval procedures.
Enterprises with collective land use warrants and other legal warrants (except those that have not approved the land use of enterprises according to law) shall be compensated in accordance with the provisions of Article 12 of the Measures for Compensation and Resettlement of Land Requisition in Chongqing (Order No.55 of Chongqing Municipal People's Government) after evaluation by qualified evaluation agencies.
(six) compensation for large-scale livestock and poultry farms (fields)
1. Identification of large-scale livestock and poultry breeding factory (field)
Large-scale livestock and poultry breeding factory (field) refers to livestock and poultry breeding enterprises or large professional households with a certain breeding scale and approved by relevant departments. Land acquisition and demolition, large livestock and poultry breeding factory (field) must have:
(1) Certificate of industrial and commercial enterprise license, tax registration certificate of livestock and poultry breeding factory (field) or certification materials of livestock and poultry breeding factory (field) or large professional households issued by the township people's government or sub-district offices.
(two) livestock and poultry breeding plant (field) planning, land departments or township people's governments, street offices, land approval procedures or construction land permits.
2 large livestock and poultry breeding factory (field) demolition compensation methods and standards
(1) The standards for investigation, registration and compensation of built-in (structure) buildings and their ancillary facilities in large-scale livestock and poultry breeding plants (fields) shall be implemented with reference to Schedules 2 and 5, but house demolition shall not be carried out according to the standards in the Schedules.
(2) Livestock and poultry relocation subsidies (including relocation losses) are calculated according to the actual number of livestock and poultry raised by the breeding factory (field) at the time of land acquisition announcement. The standards are: 50 yuan for piglets under 20kg, for pigs over 20kg 100 yuan, 200 yuan for pregnant sows and boars (over 50kg). Exemption from inspection of poultry: each bird below 0.5 kg 1 yuan, and each 2 yuan above 0.5 kg.
(3) The relocation subsidy for machinery and equipment shall be calculated at 15-20% of the net value of machinery and equipment.
(4) Since June 5438+1 October1day, 2008, the newly-built livestock and poultry breeding factory (field) that has not obtained the legal examination and approval procedures according to the Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Promoting Land Use for Large-scale Breeding (Guo Tu Zi Fa (2007) No.220) will not be compensated for land acquisition and demolition.
Second, adjust the method of determining the transfer population in land-expropriated rural areas
(1) Subject to the announcement date of land requisition by the District People's Government, the following personnel of the collective economic organizations whose land has been requisitioned shall be resettled in accordance with the relevant provisions:
1. Registered agricultural population;
2. College students;
3. Active duty conscripts;
4. Persons who have previously purchased rural non-registered permanent residence but have not returned the contracted land and lived in their original residence;
5 people who have not returned the contracted land, have not been resettled and live in their original place of residence;
6. Reeducation through labor and reeducation through labor.
(two) the following personnel of rural collective economic organizations whose land has been expropriated shall not be resettled:
1. Retirees who rotate back to their hometown in rural areas;
2 farmers who can't get married or support (support) people and have no contracted land.
(3) If all the land of a collective economic organization is expropriated, all the members of the collective economic organization will be transferred from rural areas to cities and towns; Part of the collective economic organization land expropriation, according to the expropriation of cultivated land (orchard, pasture area is calculated according to the cultivated land area, the same below) and multiplied by the non-cultivated land area divided by 0.5 times the per capita cultivated land area of the collective economic organization expropriation calculation to determine the number of people from rural to non-rural. The per capita cultivated land area is the cultivated land area recorded in the collective land ownership certificate (excluding the expropriated cultivated land area) divided by the total population of rural collective economic organizations (excluding the land-expropriated resettlement personnel).
(4) When the land of the collective economic organization is partially expropriated, if the area of the contracted farmland of the land-expropriated farmers is less than 0.5 mu per household, in addition to calculating the number of rural farmers according to the above provisions, the land-expropriated farmers may separately apply to increase the number of rural farmers per household until the area of the remaining farmland of the household reaches 0.5 mu per capita and above; Land-expropriated farmers have not applied for conversion from rural areas to non-rural areas, and rural collective economic organizations should adjust their contracted cultivated land if conditions permit.
(five) in the urban (town) planning area, due to the house expropriation and demolition, the relocated households can apply for all the rural households. After the whole household turns from rural to urban areas, all the remaining contracted land will be handed over to the collective.
Three, the collection of social security fees for landless farmers.
From June 5438+1 October1in 2008, the social security co-ordination fee (hereinafter referred to as the land acquisition co-ordination fee) will be levied when the land is approved. The overall land acquisition fee is charged according to the land area: 20,000 yuan per mu for business land and urban development land; Industrial land is 5000 yuan per mu.
The land acquisition co-ordination fee is included in the land cost and paid when the land acquisition is submitted for approval. Belongs to the municipal special income, into the account management, earmarked for co-ordination and adjustment of social security costs of landless farmers.
Four, the establishment of the basic living security system for landless farmers.
(A) to promote the employment of land-expropriated personnel
Labor and social security departments should gradually establish and improve the unemployment registration system and employment service system for working-age farmers whose land has been expropriated, actively provide services such as policy consultation, employment guidance, employment training and employment introduction, develop employment posts through multiple channels, enhance employment absorption capacity, improve and optimize the employment environment, and promote the employment of working-age farmers whose land has employment aspirations. Land-expropriated farmers of working age can enjoy relevant preferential policies for the employment of urban registered unemployed people.
(B) the establishment of a basic old-age insurance system
After the rural residents whose land has been expropriated are registered as urban residents according to law, they will be included in the basic old-age insurance system for urban enterprise employees in accordance with relevant regulations. Measures for basic old-age insurance for land-expropriated farmers and farmers are in accordance with the Notice of Chongqing Municipal People's Government on Printing and Distributing the Trial Measures for Basic Old-age Insurance for Land-expropriated Farmers and the Trial Measures for New Land-expropriated Farmers after 2007 1 (Yu Fu Fa [2008] No.26).
(C) the establishment of life difficulties relief system
Civil affairs departments should establish a multi-channel and multi-form relief system for rural land-expropriated personnel. Families of landless peasants who have difficulties in living and meet the minimum living guarantee conditions for urban residents shall be handled in accordance with the relevant provisions of the minimum living guarantee for urban residents.
(four) the establishment of the purchase of housing security system.
According to the model of "government guidance and market operation", the land acquisition unit provides the right to use state-owned land, and through bidding, it is determined that real estate development enterprises will build targeted sales houses, which will be sold by real estate development enterprises to land-expropriated farmers who have used the housing funds to meet their purchase requirements. Real estate development enterprises build and directionally sell houses where people who move from rural areas to non-rural areas live, and enjoy relevant preferential policies for the construction of affordable housing.
Within the scope of land acquisition, rural house demolition households who implement monetary housing resettlement compensation can purchase affordable housing equivalent to the monetary housing resettlement area in adjacent lots with the compensation agreement for land acquisition and demolition after the houses are demolished. If the family size limit exceeds the standard, the area of affordable housing purchased by each household shall not exceed the monetary resettlement area of 5 square meters, and the excess area shall be implemented at the market sales price.