Standards for demolition of industrial plants in Wujin District, Changzhou City, Jiangsu Province

Compensation and Resettlement Measures for Land Acquisition and House Demolition in Wujin District, Changzhou City (Wu Zhengfa [2005] No. 55)

Wu Zhengfa [2005] No. 55

About Issuance Notice on Compensation and Resettlement Measures for Land Acquisition and Housing Demolition in Wujin District, Changzhou City

Town people’s governments, development zone management committees, district offices (companies), and district-affiliated units:

The "Compensation and Resettlement Measures for Land Acquisition and House Demolition in Wujin District, Changzhou City" has been discussed and adopted at the district government executive meeting and is now issued to you. Please implement it conscientiously. May 30, 2005

Compensation and resettlement measures for land acquisition and house demolition in Wujin District, Changzhou City

Chapter 1 General Provisions

Article 1 is Standardize house demolition compensation and ancillary facility compensation and unified resettlement during the land acquisition process in our district, safeguard the legitimate rights and interests of rural collective economic organizations, land-expropriated and demolished people and land-using units, and ensure the smooth progress of various construction undertakings in our district. According to the "China The Land Management Law of the People's Republic of China, the Implementation Regulations of the Land Management Law of the People's Republic of China, the Land Management Regulations of Jiangsu Province and other laws and regulations and the Changzhou City Land Acquisition, House Demolition and Resettlement and Compensation for Ground Attachments These measures are formulated in accordance with the provisions of the "Management Measures" (Chang Zhengfa [2004] No. 183) and based on the actual situation of our district.

Article 2 The compensation referred to in these Measures refers to the compensation for the demolition of houses and ancillary facilities on the expropriated (acquired) land; the unified resettlement referred to in these Measures refers to the land expropriation and demolition. The resettlement for land acquisition and demolition people will be unified in the form of apartments.

Article 3 The district land administration department is the competent department for land acquisition and demolition in the district, and shall supervise and manage the land acquisition and demolition work in the district.

The planning, construction, labor, price, audit, finance, public security, industry and commerce, judicial and other departments of each town (development zone) and district shall cooperate in accordance with their respective responsibilities to ensure the smooth progress of land acquisition and demolition.

Article 4 The land expropriation and demolition parties shall provide compensation and resettlement to the land expropriation and demolition persons in accordance with the provisions of these Measures; the land expropriation and demolition persons shall relocate and vacate the land within the prescribed period, and shall not obstruct or hinder the land acquisition and demolition. implementation.

Article 5 The land requisition and demolition parties and the people affected by land requisition and demolition shall, in accordance with the provisions of these Measures, determine the compensation method, compensation amount, resettlement house location, area, relocation period, relocation transition method and transition period, etc. Enter into a demolition compensation and resettlement agreement.

Article 6 The purpose of the house: The purpose indicated on the land and house ownership registration certificate shall prevail; if the purpose is not indicated on the ownership certificate, the purpose recorded in the ownership file shall prevail; if the application is not processed For ownership registration, the purpose specified in the building construction procedures approved by the land management department shall prevail.

House area: The building area stated on the land and house ownership registration certificate shall prevail; if the building area stated on the ownership certificate is inconsistent with the actual area, the land management department shall work together with the town and village where it is located. It will be confirmed and sent to the evaluation agency for evaluation.

Article 7 During land acquisition and demolition, no compensation and resettlement will be provided for illegal and illegal buildings and temporary buildings that have exceeded the approved period; no resettlement will be provided for temporary buildings that have not exceeded the approved period and should be combined according to the service life of the temporary buildings. Appropriate compensation will be given if the replacement value is combined into new ones; if temporary buildings are to be demolished unconditionally when urban construction needs it as stated in the approval procedures, no compensation will be given.

Chapter 2 Compensation and Resettlement for the Demolition of Residential Houses

Article 8 The demolition of residential houses shall be carried out in the form of unified resettlement or monetary resettlement within the urban planning area; outside the urban planning area Resettlement can be carried out in the form of unified resettlement, unified reconstruction, self-demolition and self-construction and monetary resettlement.

Article 9 Compensation for house demolition will be based on the replacement price of the demolished house, which will be replaced with a new price by a qualified evaluation agency in accordance with the land acquisition house demolition replacement price standard, house structure, use Comparison table of age, annual depreciation rate and house condition assessment table shall be determined after evaluation (see Attachment 1 and Attachment 2).

Article 10 If the unified resettlement method is adopted, the formula for calculating the compensation amount for house demolition is: the new price of the demolished house × the construction area of ??the house × 110

Using unified reconstruction , self-demolition and self-construction, the formula for calculating the compensation amount for house demolition is: the new price of the demolished house × building area × 100

Article 11 Land acquisition and demolition involves house ancillary facilities (including Compensation for house decoration and ancillary facilities shall be determined based on the actual registration situation in the land acquisition compensation investigation and registration by a qualified evaluation agency in accordance with the compensation standards for house decoration and ancillary facilities for land acquisition and demolition. The specific standards are attached (see Appendix 3). For unqualified decoration and decoration with inferior materials, the evaluation agency will strictly control the compensation standards and determine the price according to the quality.

Land acquisition and demolition will involve relocation losses of individual industrial and commercial households, family workshops, looms and other machinery and equipment, and appropriate compensation will be made in accordance with regulations.

Article 12 The objects of land acquisition and house demolition and resettlement are:

(1) The household registration is within the scope of demolition, has a house ownership certificate, and is within the rural collective economic organization within the scope of demolition Permanent personnel who enjoy rights and assume obligations and those who meet the approval conditions for rural homesteads;

(2) Active-duty military personnel with original permanent residence (including conscripts and volunteers who have not settled in another place) and their spouses. Active-duty military officers whose original household registration is within the scope of demolition and have house ownership certificates can be resettled if their spouses' household registration is within the scope of demolition; if their spouses have joined the army, they will be calculated as caring for two people;

(3) Among the family members of the people affected by land acquisition and demolition, those who have original permanent residence and are currently studying in colleges and technical secondary schools (including those who are waiting for allocation after graduation) or who are unemployed after graduation and have lived in the demolished houses for a long time;

(4) Among the family members of the people affected by land acquisition and demolition, their household registration is in the work unit of the district, they have no housing elsewhere, and they actually live in the demolished houses. Actual residence refers to living continuously in the land acquisition scope for more than three years (including three years) before the date of land acquisition and demolition announcement;

(5) For a couple who are affected by land acquisition and demolition, one of them is in the demolition scope and has a registered permanent residence in another place. Spouses;

(6) Among the family members of the people affected by land acquisition and demolition, those who were born, married, retired and transferred to the military after the announcement of land acquisition and demolition, etc. have registered their household registration;

( 7) People with original permanent residence who are currently in labor camps or serving sentences;

(8) In the small town construction pilot program, due to the reform of the household registration system, those who were transferred from rural areas to rural areas, the educated youth were transferred to lower levels, and the old residents were transferred to other places in the 1960s to implement policies. Persons who have been transferred from rural areas to non-farmers, those who have been expropriated and expropriated, or those who have moved away from their entire group and are actually living in the demolished houses;

(9) Among the family members of the people subject to land expropriation and demolition who are married to daughters, Those whose household registration is within the scope of demolition and participates in the distribution of rural collective economic organizations within the scope of demolition can be listed as resettled people, but repeated resettlement is not allowed.

Article 13 The objects of care for land acquisition and house demolition and resettlement are:

(1) Among the resettlement population, those who meet the requirements of older youth (persons who have reached the legal marriage age and are not yet married, male, 22 years old, Females aged over 20 years old) and only children (unmarried) will be provided with one person to take care of. Those who meet the above two conditions at the same time can only be counted as one person to be cared for; older young people who have unplanned births will not increase the number of people to be cared for; those who reach the age of older people during the transition period will have one more person to care for; those who reach the age of older people and get married during the transition period Increase the resettlement population by one person;

(2) Empty households whose ancestral home is within the scope of demolition and have a house ownership certificate but are unoccupied can be calculated as caring for two people, and the actual area of ??the demolished house is less than For an area of ??80 square meters, the actual area will be subject to cost price, and the portion exceeding the actual area will be subject to market price.

The land-expropriated and demolished persons can only purchase houses and cannot receive monetary resettlement subsidies;

(3) Married land-expropriated and demolished persons who have not yet given birth can increase the number of caretakers by one person under the condition that the couple is resettled normally. If a baby is born during the transition period and is included in the resettlement population and is registered in the household registration, if the transition period is extended due to personal reasons when resettlement housing is available, he or she will not enjoy the above treatment;

(4) Being If the people affected by land acquisition and demolition are single (widows, widows, orphans, or singles) and can only be resettled alone, one additional person can be taken care of on the basis of normal resettlement;

(5) Original approval from relevant departments or units Approved, permanent family members of households that arrange homesteads to build residences within the scope of demolition, or acquire residences within the scope of demolition through purchase, and do not have residences elsewhere, can be listed as caretakers. However, the maximum area taken care of shall not exceed the building area of ??the original residence, and the excess area shall be subject to market price.

Article 14 The persons who are not included in the resettlement or care objects during the land acquisition and house demolition resettlement are:

(1) Those who rent or borrow houses within the demolition scope;

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(2) Those whose permanent residence is reported to be within the scope of demolition due to reasons such as enrolling in day care or school;

(3) Persons who have enjoyed national housing subsidies;

(4) The married daughters of the family members of the land-expropriated and relocated persons (except for the man who settles in the woman’s family), although their household registration is within the scope of demolition, they do not participate in the distribution of rural collective economic organizations within the scope of demolition;

(5) After remarriage, although the household registration has not moved out of the demolition scope, but actually lives with the husband;

(6) Although the household registration is within the demolition scope, but does not enjoy the rights and obligations of rural collective economic organizations of vacant households;

(7) There are other housing sites in other places;

(8) The people whose land is expropriated and demolished will have to formally sign the demolition compensation and resettlement agreement from the date of the demolition announcement.

(9) Regardless of whether the household registration is within the scope of demolition, the property within the scope of demolition has been transferred or donated to others;

(10) The property in the area has been It is stipulated that those who are subject to demolition and resettlement will no longer be resettled when other residences are demolished, and the demolished houses will be compensated according to regulations.

Article 15: In compliance with the provisions of Articles 12 and 13 of these Measures, if all the main houses in the house of the land-expropriated and demolished person are demolished, they will be resettled; for the remaining main houses after demolishing part of the main house, If the area of ??the homestead reaches the homestead area standard, it will not be resettled; if the homestead area of ??the remaining main house after demolishing part of the main house does not meet the homestead area standard, it will be resettled on a proportional basis; if only the auxiliary house is demolished, the main house will be retained will not be accommodated. If some houses are to be demolished due to the demolition of roads, rivers and other linear projects, in principle all houses are required to be demolished.

If pre-resettlement is required within the urban planning area, I shall submit a written application, and the group, village, or town (development zone) shall sign the opinion, which shall be reviewed by the district soil management department and reported to the district government for approval. , sign a demolition compensation and resettlement agreement, resettle in the resettlement community determined by the district planning department, and demolish the old houses.

Article 16 The building area of ??resettlement houses for land-expropriated and demolished people shall be determined at 40 square meters per person based on the number of people included in the resettlement population and the care population; the type of resettlement house shall be based on the sum of the resettlement area and the care area. The determination is based on the principle that is closest to the specific floor area of ??the apartment where the apartment will be placed.

The specific distribution plan and price difference of the houses shall be determined by the land acquisition and demolition party in accordance with relevant regulations and the actual situation.

Article 17 The price of apartments within the construction area that should be resettled shall be settled according to the construction price of the resettlement house plus the floor price difference; the part of the construction area that is taken care of shall be settled according to the cost price of the resettlement house plus the floor price difference. If the construction area of ??the apartment house actually resettled in accordance with the principle of closest proximity exceeds the area that should be resettled, the excess part will be settled at the cost price of the resettlement house plus the floor price difference; if the resettlement area is increased due to reasons caused by the land acquisition and demolition people, the increased part will be settled at the market price. (See Appendix 4)

Article 18 Monetary resettlement for land acquisition and demolition refers to the method of resettling the demolished people in the form of monetary compensation. Monetary resettlement is based on the resettlement population and care of the demolished people. Population based.

The monetary subsidy standard for the resettlement area is: the difference between the fixed sales price of resettlement houses in the resettlement area and the construction and installation price borne by the land-expropriated and demolished people; the monetary resettlement subsidy standard for the resettlement area is: resettlement The difference between the fixed sales price of resettlement houses in the area and the cost price borne by the land-expropriated and demolished persons.

Article 19 The construction and installation price of resettlement houses, the cost price of resettlement houses, the fixed and sales price of resettlement houses, and the market price of resettlement houses shall be announced once a year in principle by the district price department in conjunction with the construction, land and resources and other departments.

Article 20 If a residential house is changed into a non-residential house without authorization, or a residential house is rented (lent) to others for non-residential use, the compensation for demolition will still be that of a residential house.

When a rented (borrowed) residential house is demolished, the demolisher will not provide compensation or resettlement to the renter (borrowed).

Article 21 Compensation for demolishing the attic of a house shall be calculated according to the height of the attic converted into building area (if the front and rear eaves are not of equal height, the average shall be taken):

The height is within If it is less than 1 meter, it is calculated as 25% of the attic floor area;

If it is between 1 meter and 1.49 meters, it is calculated as 50% of the attic floor area;

Height is 1.50 meters If the height is between 1.80 meters and 2.19 meters, it will be calculated based on 75% of the mezzanine floor area;

If the height is between 1.80 meters and 2.19 meters, it will be calculated based on 90% of the mezzanine floor area;

The height will be 2.2 meters The above shall be calculated based on 100% of the attic floor area;

Temporary attics, floating pavilions and attics built after land acquisition survey will not be compensated.

Article 22 Temporary Resettlement Subsidy

(1) For the demolition of residential houses, for those who need to transition by themselves, the legal and effective building area of ??the demolished house shall be calculated. The unit shall pay a temporary resettlement subsidy, with the specific standard being a monthly subsidy of 3 yuan per square meter.

(2) If the residential houses are to be demolished and the land-expropriated demolished people adopt the method of self-demolition, self-construction and unified reconstruction, the temporary resettlement subsidy shall be calculated based on 12 months.

(3) The land expropriation and demolition party will implement unified resettlement of apartments for the land expropriation and demolition people, and the land expropriation and demolition people will make their own transition. The transition period shall be from the date when the land expropriation and demolition people vacate their houses to the actual delivery of the resettlement houses. Calculated as of the date. If the land requisitioned and demolished people's voluntary transition period is less than 18 months, the temporary resettlement subsidy will be settled at 3 yuan per square meter per month during the actual transition period, and an additional 3 months of temporary resettlement subsidy will be added. If the land acquisition and demolition person's responsibility exceeds the transition period, if the land acquisition and demolition person who transitions by himself exceeds the transition period for more than 18 months, the temporary resettlement subsidy shall be increased based on the actual transition period from the date of overdue, and the standard is 0.2 per square meter per day. If part of the resettlement houses of the demolished persons exceeds the transition period for more than 18 months, the temporary resettlement subsidy shall be calculated as the un-resettled area ÷ the resettlement area × the construction area of ??the demolished house × the actual number of days of extension × 0.2 yuan from the date of overdue calculate.

(4) If the land acquisition and demolition party implements existing housing resettlement, monetary resettlement or transitional housing for the land acquisition and demolition people, a three-month temporary resettlement subsidy shall be paid.

(5) The payment of temporary resettlement subsidies shall be based on the delivery of resettlement houses and reviewed by the district demolition management department and shall be issued in advance no more than three months.

Article 23 Relevant Rewards and Subsidy Fees

(1) Signature Reward Fee: If a demolition agreement is signed within the specified time, a signature reward of 3,000 yuan/day will be given on the first to second days. 2,000 yuan/household for signing on the 3rd and 4th day; 1,000 yuan/household for signing on the 5th and 6th day; no signing reward fee after the specified time.

(2) Moving subsidy: Residential households will be given a subsidy of 500 yuan per household. If transition is required, it will be settled twice.

(3) Farm tools subsidy: For furniture, farm tools, etc. that cannot be relocated due to apartment housing, each household will receive a subsidy of 500 yuan.

(4) Incentive fees for vacating and relinquishing houses: Rewards will be given to the land-expropriated and demolished persons who vacate their houses and hand over the keys to the demolished houses within the specified time (15 days).

The specific reward standards are:

1. If the vacated house passes the acceptance inspection within 1-5 days, a reward of 30 yuan/m2 will be given based on the legal and effective construction area of ??the demolished house;

2. If the vacated house passes the acceptance check within 6-10 days, a reward of 20 yuan/m2 will be given based on the legal and effective construction area of ??the demolished house;

3. If the vacated house passes the acceptance check within 11-15 days, a reward of 20 yuan/m2 will be given according to the legal effective construction area of ??the demolished house; A reward of 10 yuan/m2 will be given for the legal and effective construction area of ??the demolished houses.

Article 24 The land expropriation and demolition person or the entrusted demolition implementation unit shall strictly check the living conditions of the families whose land is expropriated and demolished, and report the housing conditions, actual living conditions, and The demolition area, resettlement area, demolition compensation assessment report, etc. shall be publicized within the demolition scope and submitted to the district inspection team for review by the villagers' group. Compensation and resettlement can only be implemented if there are no objections.

Chapter 3 Compensation and Resettlement for the Demolition of Non-residential Houses

Article 25 If houses used for collective public welfare are demolished, compensation will be given based on the replacement price of the demolished houses combined into new ones. .

Article 26 If the enterprise’s production buildings and enterprise’s non-production buildings need to be rebuilt after demolition, compensation will be given based on the replacement price of the demolished houses combined into new ones; if there is no need to rebuild, the compensation will be based on Compensation will be given based on the replacement price of the demolished house area. After the enterprise's production building is demolished, if the equipment does not need to be relocated, the equipment relocation fee will not be compensated; if it needs to be relocated, the dismantling, relocation, installation and other expenses of the equipment will be combined into a new 15% based on the replacement price of the demolished production building Provide compensation (see Appendix 5). Please see Appendix 6 for specific resettlement measures for demolished enterprises.

Article 27 If the demolition of an enterprise’s production buildings causes the enterprise to suspend operations and production, a compensation of 18 yuan per square meter of the construction area of ??the production buildings will be given.

Article 28 If the demolished enterprise vacates the house within the specified time, it will be calculated as 700 yuan per person per month based on the actual number of employees who need to be unemployed due to suspension of production and production, and a two-month reward will be given. No compensation will be given if it is overdue. award. The number of employees is determined based on the formal labor contract signed between the enterprise and the current employees and the number reported to the tax department for approval at the end of the previous year. No compensation will be given if work and production have been stopped before land acquisition and demolition is implemented.

Article 29 The audit department should effectively perform its duties. Before signing a demolition agreement with the demolished enterprise, the land acquisition and demolition person or the entrusted demolition implementation unit must submit the evaluation report of the demolished house, the evaluation report of the attachments, the suspension of work and production, relocation expenses and other compensation information to the district demolition inspection team for audit. After the audit, a demolition agreement will be signed with the demolished enterprise.

Chapter 4 Legal Responsibilities

Article 30 If the person affected by land acquisition and demolition or the lessee of the house deliberately practices fraud or deceives to obtain compensation or resettlement funds for land acquisition and demolition, the compensation and resettlement funds shall be recovered and Investigate their responsibilities in accordance with relevant national laws and regulations.

If the people subject to land acquisition and demolition insult or beat the land acquisition and demolition workers, and obstruct the land acquisition and demolition workers from performing their official duties in accordance with the law, the public security organs shall punish them in accordance with the "Regulations of the People's Republic of China on Public Security Administration Punishments"; constitute Those who commit crimes shall be transferred to judicial organs for investigation of criminal liability in accordance with the law

Article 31 If any staff responsible for the implementation of land acquisition and demolition neglect their duties, abuse their power, or engage in malpractice for personal gain during the process of land acquisition and demolition, their units or The superior authority shall impose administrative sanctions; if a crime is constituted, the case shall be transferred to the judicial authority for investigation of criminal liability in accordance with the law.

Chapter 5 Supplementary Provisions

Article 32 The district land administration department is responsible for the interpretation of these regulations.

Article 33. Specific matters related to demolition and resettlement not covered by these Measures will be supplemented by a separate document.

Article 34 These Measures shall come into effect on July 1, 2005.

May 20, 2005

Attachment: Attachment 1: Price standard for land acquisition and demolition of houses in Wujin District, Changzhou City.doc Attachment 4: Construction of unified reconstruction and installation of land acquisition and demolition of houses in Wujin District, Changzhou City Price.doc

Attachment 2: Comparison table of house structure, service life, and annual depreciation rate in Wujin District, Changzhou City.doc Attachment 5: Price standard for demolition and replacement of land-acquired industrial plants in Wujin District, Changzhou City.doc

Attachment 3: Compensation standards for house decoration and ancillary facilities for land acquisition and demolition in Wujin District, Changzhou City.doc Attachment 6: Resettlement measures for demolished enterprises in Wujin District.doc

Attachment 6: Resettlement of demolished enterprises in Wujin District Methods

In order to further implement the Scientific Outlook on Development, accelerate the pace of industrial restructuring, accelerate the urbanization process of Wujin, effectively protect the legitimate rights and interests of demolished enterprises, and smoothly promote the resettlement of demolished enterprises in the region, according to the "About In accordance with the spirit of relevant documents such as "Implementation Opinions on Further Improving the Level of Intensive Utilization of Industrial Land" (Wu Zhengfa [2005] No. 49) and other relevant documents, these measures are specially formulated:

1. The demolished enterprises within the scope of this area shall be After preliminary review by the district's economic and trade, development and reform, planning, land, industry and commerce, environmental protection and other departments, they will be treated differently according to the actual situation of the demolished enterprises, and implement off-site resettlement, monetary resettlement or standard factory resettlement. Encourage enterprises to implement currency resettlement.

2. Off-site resettlement: Enterprises that require off-site resettlement must comply with national industrial policies, meet environmental protection requirements, have more than 10 acres of original legal land, and have invoiced sales of more than 10 million yuan within the district in the previous year. . For those with sales of 10 million yuan, 10 acres of industrial land will be allocated, and 1 mu of land will be added for every 2 million yuan for the excess. The off-site resettlement area shall not exceed the original legal land area.

3. Monetary resettlement: Monetary resettlement will be implemented for enterprises that do not comply with national industrial policies and fail to meet environmental protection requirements.

4. Standard factory building resettlement: demolished enterprises and original enterprises that comply with national industrial policies, meet environmental protection requirements, and have original legal land use of more than 10 acres but whose invoiced sales in the area last year were less than 10 million yuan. Demolished enterprises with legal land use of less than 10 acres can be resettled by exchanging property rights, purchasing or leasing standard factories.

5. The compensation price for the demolished enterprises to withdraw from the land shall be determined by the district land and resources and audit departments.