Does anyone know the specific provisions of Chengdu Shuangliu Land Acquisition Compensation and Resettlement Measures?

Shuangliu County Land Acquisition Compensation and Resettlement Measures Shuangfu Han [2001] No. 65

Chapter 1 General Provisions

Article 1 is to ensure the protection of land acquisition for national construction Proceed smoothly and safeguard the legitimate rights and interests of land-expropriated units and individuals in accordance with the law. In accordance with the "Land Management Law of the People's Republic of China", the "Regulations on the Implementation of the Land Management Law of the People's Republic of China" and the "Sichuan Province＜People's Republic of China" **This method is formulated in accordance with the provisions of laws and regulations such as the Land Management Law of the People's Republic of China > Implementation Measures, and with reference to the "Chengdu City Land Acquisition Compensation and Resettlement Measures" and based on the actual situation of our county.

Article 2: These measures shall apply to the compensation, personnel and housing resettlement for the requisition of collectively owned land by farmers within the administrative area of ??our county.

Article 3 The land acquisition, compensation and resettlement work shall be implemented by the county land administration department under the leadership of the county people's government.

County planning, labor, civil affairs, public security, food, planning and other relevant departments should coordinate with the county land administration department to carry out land acquisition compensation and resettlement work in accordance with their respective responsibilities.

The township (town) people's government will assist in land acquisition compensation and resettlement work.

Article 4: After the land requisition is approved in accordance with the law, and the parties are compensated and resettled in accordance with the law, the land administrative department shall issue a land delivery notice to the unit whose land has been expropriated, and the unit whose land has been expropriated shall deliver the land within the time limit specified in the notice. Go to the ground and do not refuse or obstruct.

Chapter 2 Compensation for Land Acquisition

Article 5 After the land acquisition plan is approved and announced in accordance with the law, the owner and user of the expropriated land shall, within the time limit specified in the announcement, Go to the land administration department with the land ownership certificate to register for land acquisition compensation:

The land administration department will work with relevant departments to formulate land acquisition compensation and resettlement plans based on the approved land acquisition plan. The townships (towns) and villages where the land is located will be announced and the opinions of the rural collective economic organizations and farmers whose land will be expropriated will be listened to. After the land acquisition compensation and resettlement plan is approved in accordance with the law. The specific organization and implementation shall be carried out by the land administration department.

Disputes over land acquisition compensation and resettlement shall not affect the implementation of the land acquisition plan.

Article 6 Compensation for land requisition shall be based on the original purpose of the requisitioned land, and land compensation fees, resettlement subsidies, compensation fees for ground attachments and young crops shall be paid in accordance with the law.

Article 7 The land compensation fee for requisitioned cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years before it was requisitioned. The land compensation fee for requisitioning other land shall be calculated as half of the land compensation fee for requisitioning cultivated land (see Appendix 1 for details).

Article 8 The resettlement subsidy for requisitioned cultivated land shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of requisitioned cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled after the acquisition of cultivated land is 4 to 6 times the average annual output value of the three years before the acquisition of cultivated land. However, the resettlement subsidy for each hectare (1.5 acres) of requisitioned farmland shall not exceed 15 times the average annual output value of the three years before requisition. The resettlement subsidy for the acquisition of other land shall be calculated as half of the resettlement subsidy for the acquisition of cultivated land (see Appendix 1 for details).

Article 9 If the land compensation fees and resettlement subsidies paid in accordance with the provisions of Articles 7 and 8,

are not able to maintain the original living standards of the farmers who need to be resettled, they will be With the approval of the Provincial People's Government, the resettlement subsidy may be increased appropriately. However, the total of land compensation fees and resettlement subsidies shall not exceed 30 times the average annual output value of the three years before the land is expropriated.

Article 10 The compensation fee for young crops for requisitioned cultivated land shall be calculated based on the average annual output value of the cultivated land in the three years before it was requisitioned. Among them, the grain land is converted into two seasons of planting a year, and the compensation is one and a half seasons; the vegetable land is converted into three seasons of planting a year, and the compensation is two seasons; the private land is compensated according to the vegetable land compensation standard (see Appendix 2 for details).

Compensation for young crops is calculated based on the actual planting area at the time of land acquisition

Article 11 The compensation fee for ground attachments on the acquired land shall be based on the verified types, specifications, and quantities according to regulations. Compensation standard compensation.

Among them, ancient and valuable trees with signage shall be implemented in accordance with the "Chengdu Municipal Regulations on the Management of Ancient and Valuable Trees" (see Appendix 3 for details).

(1) Compensation for above-ground buildings is calculated based on the type of house, building structure, building area recorded in the "Village and Town House Ownership Certificate" or the building area recorded in other legal rights certificates. If farmers' houses are used for other purposes, they will be compensated as houses. The decorations of the house shall be removed by the owner without compensation.

(2) Ground structures shall be calculated based on actual conditions. Compensation according to prescribed standards.

(3) Cable broadcast lines, closed-circuit television lines, communication lines, and natural gas installation will be compensated based on actual construction, relocation, and installation costs. Telephone relocation will be compensated according to the relocation fee standards stipulated by the telecommunications department.

Article 12 The following ground attachments and young crops will not be compensated.

(1) Houses and other buildings (structures) that do not have land ownership certificates and other legal rights certificates;

(2) The announcement of a legally approved land acquisition plan Crops, flowers, trees and buildings that have been rushed to be planted or planted since the beginning of the day;

(3) Temporary products that have exceeded the approved period of use or have been used for more than two years although the period of use has not been determined. Buildings (structures) built on (occupied) land:

(4) Buildings (structures) built on illegally occupied land.

Article 13 After the land is acquired, the land acquisition unit shall be responsible for restoring the roads and water conservancy facilities that are retained according to the planning needs.

Article 14 All compensation and subsidies for land acquisition 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 in accordance with the following provisions.

(1) Land compensation fees are paid to the land-expropriated units and used to develop production and arrange employment for redundant labor force caused by land expropriation and living allowances for those who cannot be employed. Its specific use shall be decided by the villagers' meeting or villagers' representative meeting, and shall be reported to the township (town) people's government for review and implementation.

(2) Resettlement subsidies are used for the production and living resettlement of members of rural collective economic organizations whose land has been expropriated. If the persons who need to be resettled are resettled by rural collective economic organizations, the resettlement subsidy will be paid to the rural collective economic organizations. Managed and used by rural collective economic organizations; if resettled by other units, the resettlement subsidy will be paid to the resettlement unit; if unified resettlement is not required, the resettlement subsidy will be paid to the individual resettled persons, or used for payment with the consent of the resettled persons Insurance costs for resettled persons.

(3) Compensation fees for ground attachments and young crops shall be paid to individuals if they belong to individuals; and to collective economic organizations if they belong to collectives.

(4) If all the land of the rural collective economic organization is requisitioned in accordance with the law and all the agricultural population is resettled, the land compensation and resettlement subsidies will be used by the resettlement unit to resettle the people after the land is requisitioned. The claims, debts, movables, real estate and other properties of the original rural collective economic organization shall be liquidated and registered by a liquidation team formed by the people's government of the township (town) where the original rural collective economic organization is located, the county land administration department and the county audit department. Announced to farmers; and the township (town) people's government is responsible for the placement of personnel in the rural collective economic organization. Land compensation fees, resettlement subsidies and other related fees for land acquisition shall not be divided privately, transferred flatly, misappropriated or withheld by any unit or individual.

Article 15 The demolition and resettlement compensation of enterprises (institutions) within the scope of land acquisition that have land use ownership certificates and other legal rights certificates shall be implemented in accordance with the following provisions.

(1) Compensation for demolished buildings (structures) shall be based on prescribed standards.

Relocation losses, transportation costs, water and electricity facility relocation costs, etc. involved in the relocation shall be compensated by the land acquisition unit at 8%-2% of the total compensation for the buildings (structures) of the enterprise (institution). ;

(2) The newly acquired (occupied) land after the demolition unit is relocated is equal to the area of ??the original legally used land, and the land use compensation fee, resettlement subsidy fee, attachment compensation fee, The land acquisition unit shall be responsible for compensation for young crop compensation fees and relevant national taxes. For the part that exceeds the original legally usable land area, all costs involved in using the land shall be paid by the demolished unit.

(3) If the demolished unit suspends work and production due to demolition, during the suspension period, the land acquisition unit shall issue a living subsidy of 15-25 yuan per person per working day to the non-agricultural personnel of the demolished unit.

The units to be demolished should comply with the needs of national construction and complete the demolition within the prescribed or agreed time limit without unreasonable delay or obstruction.

Chapter 3 Personnel Resettlement

Article 16 If the cultivated land of rural collective economic organizations is demolished and requisitioned, the amount of cultivated land requisitioned shall be divided by the average number of cultivated land occupied by each person before requisition. Quantity calculation is based on the number of people whose agricultural registered permanent residence has been converted to non-agricultural registered permanent residence (hereinafter referred to as agricultural to non-agricultural registered permanent residence); the number of laborers who need to be resettled is calculated based on the amount of cultivated land to be expropriated divided by the average amount of cultivated land occupied by each labor force before expropriation.

The age of a person who has been transferred from rural to non-agricultural land shall be calculated based on the actual age on the date when the legally approved land acquisition plan is announced (the date of birth recorded in the household registration book).

Persons who have been transferred from non-agriculture to non-agriculture within the scope of land acquisition will be resettled by adjusting the contracted land.

Article 17 If the permanent household registration is within the scope of land acquisition, and the male is over 18 years old and under 55 years old, and the female is over 18 years old and under 55 years old, the rural-to-non-agricultural personnel are able to participate in production and labor all year round. Be transferred to non-labor resettlement targets.

Article 18 For the resettlement objects who have been transferred from rural to non-agriculture, in principle, monetary resettlement is adopted to implement self-employment resettlement, unit resettlement and other methods.

(1) For the rural-to-non-agricultural transferees who are men under 55 years old and women under 50 years old, they will be resettled in units or units. If unit resettlement is implemented, the land acquisition unit will pay land compensation and resettlement subsidies totaling 16,000-18,000 yuan per person to the resettlement unit to organize employment and arrange life. If self-employment resettlement is implemented, a self-employment resettlement agreement must be signed. After the self-employment resettlement agreement is notarized, the land acquisition unit will provide land compensation and resettlement subsidies totaling 16,000-18,000 yuan per person. Fees are paid to self-employment resettlement recipients.

(2) Self-employment placement will be implemented for male actors who are over 55 years old (including 55 years old) and under 60 years old; women who are over 50 years old (including 50 years old) and under 55 years old and who have been transferred from rural to non-agricultural areas. , sign a self-employment resettlement agreement; after the self-employment resettlement agreement is notarized, the land acquisition unit will pay land compensation and resettlement subsidies totaling 16,000-18,000 yuan per person to the self-employment resettlement objects.

Article 19: Retirement and resettlement will be implemented for rural-to-non-agricultural persons with permanent residence within the scope of land acquisition, males aged 60 years and above and females aged 55 and above; After the retirement and resettlement agreement is notarized, the land acquisition unit will pay land compensation and resettlement subsidies totaling 16,000 yuan per person to the retirement and resettlement objects.

Article 20: For active-duty conscripts whose original household registration is within the scope of land acquisition, the land acquisition unit shall allocate their land compensation and resettlement subsidies to the local township (town) people's government in one lump sum. After returning to the place of origin, the township (town) people's government will pay it to the individual.

Article 21 For persons whose original household registration is serving a sentence or reeducation through labor within the scope of land acquisition, the land acquisition unit shall allocate their land compensation and resettlement subsidies to the local township (town) people's government in one lump sum , which will be paid to the person by the township (town) people's government after he is released from prison or released from reeducation through labor.

Article 22: Rural-to-non-agricultural residents who are under the age of 18 within the scope of land acquisition, and those who are over 18 years old and have their original household registration within the scope of land acquisition, are subject to living subsidy resettlement. The unit can issue a one-time production subsidy of 6,000 yuan.

Article 23 The five-guarantee dependents whose household registration is within the scope of land acquisition are civil resettlement objects. The land acquisition unit shall allocate their land compensation and resettlement subsidies to the local township (town) people's government in one lump sum , used under the supervision of the civil affairs department.

Article 24 From the date of announcement of the legally approved land acquisition plan, new immigrants will not be resettled except for those who are married and have children in accordance with the law.

People who have retired and returned to their hometown for "rotation work". For those who fall within the scope of rural-to-non-agricultural transfer, only the household registration will be processed for the rural-to-non-agricultural transfer, and no resettlement compensation will be provided in accordance with these measures.

Chapter 4 Housing Resettlement

Article 25: Those who hold the "Village and Town House Ownership Certificate" or other legal certificates for the demolished houses on the date of the announcement of the legally approved land acquisition plan Personnel are the objects of housing resettlement. Among them, the housing resettlement for people who have been transferred from rural to non-agricultural areas will be based on a building area of ??35 square meters per person (including stairwells, the same below). Housing resettlement can be carried out in the form of existing (built) housing if conditions permit; Non-agricultural residents will be resettled in self-built houses.

Article 26: Monetary resettlement for rural-to-non-agricultural residents shall be based on the building area of ??the principal house recorded in the "Village and Town House Ownership Certificate" or other legal certificates held by the rural-to-non-agricultural residents. The land acquisition unit and the people who have been transferred from rural areas to non-agricultural areas shall sign a monetary resettlement contract in accordance with the following provisions: After the resettlement contract is notarized, the monetary resettlement payment shall be settled within 7 days from the date of completion of house demolition.

(1) If the original housing construction area per capita is less than 35 square meters, compensation will be based on 35 square meters per capita, and settlement will be based on the price of affordable housing in adjacent areas.

(2) If the per capita building area of ??the original housing reaches or exceeds 35 square meters, in addition to compensation according to the provisions of the preceding paragraph, the excess part of the original housing shall be settled by the land acquisition unit according to the compensation standards for ground attachments in this method. .

Article 27: When resettling people who have been transferred from rural areas to non-agricultural areas to existing (built) houses, the building area of ??the main house recorded in the "Village and Town House Ownership Certificate" or other legal certificates held by the people who have been transferred from rural areas to non-agricultural areas shall be Based on this, combined with the construction area of ??resettled housing, the land acquisition unit and the rural-to-non-agricultural residents shall make mutual settlements in accordance with the following provisions:

(1) If the per capita construction area of ??the original housing is less than 35 square meters, the per capita construction area shall be 35 square meters. Square meters of resettlement, the excess part will be purchased by the rural-to-non-agricultural residents at the cost of commercial housing construction:

Article 28 If the rural-to-non-agricultural residents change the original residence into a commercial house, the commercial housing Houses and residences are calculated together and demolished and resettled as residences.

Article 29 Those who implement self-built housing resettlement must obey the unified planning and follow the

"Sichuan Province Implementation Measures 》The standard of homestead area stipulated in 》; only after going through the procedures for land use for building a house can one build his own house for resettlement.

Article 30: The land of rural collective economic organizations has been partially requisitioned, and the "Village and Town House Ownership Certificate" or other legal rights certificates are held within the scope of land requisition, and the family members are not all rural residents. Households who have transferred to non-agriculture and non-agriculture can receive one-time compensation in the form of monetary resettlement, and family members who have not transferred to non-agriculture or non-agriculture will no longer have the right to use rural homesteads. After the land expropriation unit pays a housing construction subsidy of 150-200 yuan per square meter to the rural collective economic organizations of the land-expropriated rural areas, they will be resettled with the family members (non-farmers converted to non-agriculture) in self-built houses on selected land.

Article 31: Active-duty soldiers, college and technical secondary school students, and persons serving sentences or reeducation through labor whose original household registrations are within the scope of land acquisition, as well as cadres, employees, and people who have returned to their villages of origin and settled within the scope of land acquisition. For urban residents, overseas Chinese, compatriots from Hong Kong, Macao and Taiwan and other non-agricultural personnel who have returned to their hometowns to settle down, if their houses are demolished in accordance with the law, the relevant provisions of this chapter shall be followed.

Article 32 Through buying and selling. Cadres, urban workers and residents and other non-agricultural personnel who have legal house property rights within the scope of land acquisition and demolition through inheritance, donation, etc., and whose per capita housing area in urban areas has reached more than 15 square meters, will only be entitled to It stipulates that compensation for demolished houses shall not be included in the housing resettlement objects.

The fifth level of legal liability

Article 33 Violation of the provisions of these Measures shall constitute a violation of the Land Management Law of the People's Republic of China

", "Implementation Regulations of the Land Management Law of the People's Republic of China", "Implementation Measures of the Land Management Law of the People's Republic of China" of Sichuan Province, shall be punished in accordance with regulations .

Since the land acquisition and resettlement in accordance with the law in the 34th year. If the party concerned refuses to relocate, the land administration department shall pay the resettlement compensation fee to the local township (town) people's government for storage in a special account.

Article 35 If the parties concerned are dissatisfied with specific administrative actions such as administrative penalties and compulsory measures, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.

Article 36 During the land acquisition, compensation and resettlement work. Staff members of the land administration department and township (town) land management personnel who neglect their duties, abuse their power, engage in private fraud, and constitute a crime shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be given administrative sanctions in accordance with relevant regulations.

Chapter 6 Supplementary Provisions

Article 37 Key construction projects and projects of the national and provincial, municipal and county people’s governments have other provisions on compensation and resettlement standards for land acquisition , implemented in accordance with corresponding regulations.

Article 38: Specific issues in the implementation of these measures shall be explained by the county land administration department.

Article 39 These Measures shall come into effect from the date of promulgation.

Land acquisition, demolition, compensation, and resettlement matters that occurred before the implementation of these measures shall be handled in accordance with the original regulations.

＝June 22, OO year