Measures of Chengdu Municipality on Compensation and Resettlement for Land Requisition

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the provisions of the Land Administration Law of the People's Republic of China in order to ensure the smooth progress of land expropriation and safeguard the legitimate rights and interests of the expropriated units and individuals. "Regulations on the Implementation of the Land Administration Law of the People's Republic of China" and "Measures for the Implementation of the Land Administration Law of the People's Republic of China in Sichuan Province", combined with the reality of Chengdu. Article 2 These Measures shall apply to the compensation, personnel placement and housing placement for expropriation of land collectively owned by farmers within the administrative areas of Jinjiang, Qingyang, Jinniu, Wuhou and Chenghua (including high-tech industrial development zones, hereinafter referred to as five urban areas). Third land acquisition compensation and resettlement work under the leadership of the Municipal People's government, the municipal land administrative department is responsible for the implementation.

City planning, labor, civil affairs, public security, food, planning and other relevant administrative departments shall, in accordance with their respective responsibilities, cooperate with the municipal land administrative departments to do a good job in land acquisition.

District and township (town) people's governments shall assist in land acquisition compensation and resettlement. Article 4 After the requisition of land is approved according to law and the parties concerned get compensation and resettlement according to law, the land administrative department shall issue a notice of land delivery to the land-expropriated unit, which shall deliver the land within the time limit specified in the notice and shall not refuse or obstruct it. Chapter II Compensation for Land Requisition Article 5 After the land requisition plan is approved according to law and announced, the owners and users of the expropriated land shall register the land requisition compensation with the land administrative department with the land ownership certificate within the time limit specified in the announcement.

Land administrative departments shall, in accordance with the approved land acquisition plan, formulate land acquisition compensation and resettlement plans jointly with relevant departments, and make an announcement in the land-expropriated township (town) and village to listen to the opinions of the land-expropriated rural collective economic organizations and farmers. After the land requisition compensation and resettlement plan is approved according to law, it shall be organized and implemented by the land administrative department.

Disputes over land requisition compensation and resettlement will not affect the implementation of land requisition plan. Article 6 Land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees that should be paid according to law for land requisition shall be implemented in accordance with the standards stipulated in the Land Administration Law of the People's Republic of China and the Implementation Measures of the Land Administration Law of Sichuan Province. Seventh unauthorized occupation of cultivated land to plant flowers and trees, according to the standard of young crops compensation for food compensation.

Scattered tree planting and approved breeding professional households shall be implemented according to the prescribed standards.

Ancient and famous trees with signs shall be implemented in accordance with the Regulations of Chengdu Municipality on the Administration of Ancient and Famous Trees. Eighth any of the following circumstances, no compensation:

(a) buildings (structures) without land ownership certificates and other legal warrants;

(two) from the date of the announcement of the land acquisition plan approved according to law, rush to plant crops, economic trees and buildings (structures);

(three) buildings (structures) on temporary land (including land occupation) that have exceeded the approved use period or have been used for more than two years although the use period has not been determined;

(4) Buildings (structures) built by illegally occupying land. Ninth roads and water conservancy facilities that need to be retained according to the planning after land acquisition shall be restored by the land acquisition unit. Tenth buildings (structures) with land ownership certificates and other legal warrants for land acquisition and demolition shall be compensated according to the prescribed standards. Relocation losses, handling fees and expenses for relocation and renovation of hydropower facilities involved in enterprise relocation shall be compensated by the land acquisition unit according to 10- 15% of the total compensation of enterprises' buildings. Eleventh land acquisition compensation and subsidies shall be paid in full within three months from the date of approval of the land acquisition compensation and resettlement plan, and shall be managed and used according to the following provisions:

(1) Where the land of a rural collective economic organization has been requisitioned according to law and the agricultural population has been resettled, the land compensation fee and resettlement subsidy shall be used by the resettlement unit for the resettlement of the personnel after the requisitioned land; The property of the former rural collective economic organization shall be registered and announced to the farmers. The property, creditor's rights and debts involved shall be handled by the higher-level organization of the land-expropriated unit or the township (town) people's government.

(2) If the land of rural collective economic organizations is requisitioned in part according to law, and the people who need to be resettled are resettled by the land-expropriated unit, the land compensation fee shall be paid to the land-expropriated unit for the development of production and the resettlement of the surplus labor force and the living allowance for the unemployed people caused by land expropriation. Its use shall be decided by the villagers' meeting or the villagers' representative meeting and implemented after the approval of the township (town) people's government. Resettlement subsidies are paid to the land-expropriated units, which are managed and used by the land-expropriated units.

(3) Where the land of a rural collective economic organization is partially requisitioned according to law and the people who need to be resettled are resettled by the land requisition unit, the land compensation fee and resettlement subsidy shall be paid to the resettled people or to the resettlement unit, or used to pay the insurance premium of the resettled people with the consent of the resettled people.

(4) Compensation fees for ground attachments and young crops shall be paid to the owners of ground attachments and young crops.

No unit or individual may privately divide, transfer, misappropriate or intercept land acquisition compensation, resettlement subsidies and other expenses related to land acquisition. Chapter III Resettlement of Personnel Article 12 If all the cultivated land of rural collective economic organizations is requisitioned, the organizational system of the rural collective economic organizations shall be revoked according to law, and all the original agricultural registered permanent residence will be converted into non-agricultural registered permanent residence; If it has not been completely requisitioned, the number of people in agricultural registered permanent residence who turn into non-agricultural registered permanent residence (hereinafter referred to as farmers) shall be calculated according to the number of requisitioned cultivated land (grain land and vegetable land) divided by the number of cultivated land per capita before requisition; According to the amount of cultivated land requisitioned divided by the average amount of cultivated land occupied by each worker before requisition, the number of workers to be resettled is calculated.

The age of farmers is calculated according to the actual age on the date of the announcement of the land acquisition plan approved according to law.