Traditional Culture Encyclopedia - Hotel reservation - When the state requisitions land, which one gets more subsidies, the empty land or the land with houses on it? ~!

When the state requisitions land, which one gets more subsidies, the empty land or the land with houses on it? ~!

Land with houses on it will receive more subsidies.

Chapter 1 General Provisions

Article 1 In order to ensure the smooth progress of land acquisition for national construction, properly solve the employment, production and life of people whose land has been acquired, and promote social stability, according to the " These measures are formulated in accordance with the Land Management Law of the People's Republic of China and the Agricultural Law of the People's Republic of China and in light of the actual situation of our city.

Article 2: National construction land shall be subject to the principles of unified planning, unified requisition, unified development, unified transfer, and unified management.

Article 3: All projects and projects that requisition rural collectively-owned land for national construction needs within the administrative areas of Jinjiang District, Qingyang District, Jinniu District, Wuhou District and Chenghua District of our city. This method applies.

When land is requisitioned for national construction, the land-expropriated unit shall obey the needs of the state and shall not obstruct it.

Article 4 The land requisitioned for national construction shall be calculated based on the amount of requisitioned cultivated land (grain land and vegetable land) divided by the average amount of cultivated land occupied by each person before requisition. The conversion of agricultural household registration into non-agricultural household registration (hereinafter) The number of laborers who need to be resettled is calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by each labor force before expropriation.

Chapter 2 Compensation for Land Acquisition

Article 5: When land is acquired for national construction, the land acquisition unit shall pay the following fees according to the following standards according to the circumstances:

(1) ) land compensation fee. The requisition of cultivated land will be calculated as 5 times the average annual output value per mu in the three years before the requisition; the requisition of other land will be calculated as half the compensation standard for cultivated land.

(2) Resettlement subsidy. The resettlement subsidy for each agricultural population who needs to be resettled during the acquisition of cultivated land shall be calculated as 2 to 3 times the average annual output value per mu of the cultivated land in the three years before the acquisition; however, the maximum resettlement subsidy for each mu of cultivated land acquired shall not exceed the amount of the cultivated land being acquired. The resettlement subsidy for the acquisition of other land shall be 15 times the average annual output value per mu in the three years before expropriation. The resettlement subsidy for the acquisition of other land shall be calculated at half of the resettlement subsidy standard for cultivated land acquisition.

(3) Compensation fee for young crops, for requisitioned cultivated land, the compensation shall be calculated based on the average annual output value per mu of the cultivated land in the three years of requisition. Among them, the grain land is converted into two crops a year, and the compensation is one season; the vegetable land is converted into three crops a year, and the compensation is one and a half seasons; the private land is compensated according to the vegetable land compensation standard.

(4) Compensation fee for ground attachments. According to the verified specifications and quantities, compensation will be based on the supply standards for ground attachments.

(5) Compensation fees for breeding and breeding specialized households. Compensation will be based on the professional household certificate issued by the agricultural department of the District People's Government, and based on the verified varieties and quantities, compensation will be based on the compensation standards for professional breeding households.

From the date when the municipal planning administrative department issues the planning notice, no compensation will be given for the crops, bamboos and trees that were rushed to be planted, and the above-ground buildings and structures that were rushed to be built.

Article 6: When land is requisitioned for state construction, compensation fees for personal ground attachments, young crops, and professional breeding and breeding households on the requisitioned land shall be paid to the individual; resettlement subsidies for requisitioned cultivated land shall be paid by the land acquisition unit to Units that accept "rural non-" labor force will no longer pay land compensation fees to the land-expropriated units; land compensation fees and resettlement subsidies for other land acquisitions will be delivered by the land-expropriating units to the land-expropriated units for the development of production and arrangements for land acquisition. The employment of surplus labor knives and living allowances for those who cannot be employed due to expropriation shall not be used for other purposes and shall not be occupied by any unit or individual.

Article 7 The demolition of above-ground buildings built by rural residents within the scope of land requisitioned by the state for construction shall be handled in accordance with the following provisions:

(1) Demolition of residences of people who have "transformed from rural areas to non-agriculture" , implemented in accordance with the "Implementation Rules of Chengdu Urban House Demolition Management Regulations" (Municipal Government Order No. 30).

(2) To demolish the residences of residents with agricultural registered permanent residence, the "Rural House Homestead Use Certificate" Or the building area of ??the main house stated in the building approval document of the District People's Government shall prevail. When the land acquisition unit uses houses with equal building areas for resettlement, the difference in the equal building areas shall not be compensated; the part exceeding the original building area shall be settled by the resettlement unit. The demolished residents with agricultural registered residence will be purchased at the comprehensive price of the new housing; the part that is less than the original building area will be financially compensated by the land acquisition unit based on the commercial price of the new housing.

(3) The demolition of the houses built with the approval of the competent authorities. For the development of auxiliary houses for production and living arrangements, financial compensation will be provided according to prescribed standards.

(4) For demolition of temporary buildings that have been approved by the competent authority and have not exceeded the approved period of use, financial compensation will be provided according to the prescribed standards.

(5) No compensation will be provided for the demolition of illegal buildings and temporary buildings that have exceeded the approved period of use.

Article 8 If land acquisition for national construction involves the transformation of farmland water systems, the land acquisition unit shall pay the transformation costs according to prescribed standards.

Article 9 When requisitioning land with a taxable area, the agricultural tax and agricultural department shall be reported to the agricultural tax or agricultural department for reduction or exemption of agricultural taxes in accordance with the law, and the district people's government shall report to the municipal people's government to adjust the grain contract ordering tasks accordingly.

Chapter 3 Labor Resettlement

Article 10 Persons whose permanent residence is within the scope of land acquisition and who have been transferred from agriculture to non-agriculture. Villagers who are in good health and able to participate in productive labor all year round. Villagers aged 16 to 54 for men and 16 to 44 for women are the resettlement targets for the "agricultural-to-non-agriculture" labor force (hereinafter referred to as resettlement targets).

School students over the age of 16 are not eligible for placement.

The actual age of the resettlement objects is calculated based on the date of birth recorded in the household registration book on the date when the municipal government issues the land acquisition approval.

Article 11 For the resettlement of resettlement objects, in accordance with the relevant provisions of the "Land Management Law of the People's Republic of China", the municipal and district land management departments shall organize the land-expropriated units, expropriated (users) ) local units negotiate with relevant units and adopt multiple channels to provide proper resettlement. The specific resettlement directions and methods are:

(1) Resettlement of the "agricultural-to-non-agricultural" labor force, adopting the method of resettling whoever acquires the land, and who receives the land who uses it, and the land acquisition (acquisition) unit is responsible for resettlement. There are endless placements. You can submit a written application to the labor department and entrust enterprises and institutions owned by the whole people, labor and employment service enterprises, collective enterprises and other enterprises and institutions with normal production and operation to receive resettlement.

(2) If the resettlement object is unwilling to go to the provided resettlement unit, he may submit a written application to the department responsible for resettlement and contact the receiving unit within the specified time, but the period shall not exceed one month. , if the receiving unit cannot be contacted within the time limit, the unified arrangement shall be followed.

(3) Resettlement targets who voluntarily give up unified resettlement may seek their own jobs. The person must submit a written application, sign an agreement with the land acquisition (use) unit, and then the notarization authority shall notarize it. 70% of the total resettlement subsidy will be paid to the individual for self-employment, and the rest will be allocated to the municipal insurance company for principal repayment of pension insurance premiums. The insured amount is linked to the monthly pension. You can also submit a written application by yourself, and after the land acquisition (use) unit signs an agreement with the merger, and the notary office notarizes it, the resettlement subsidy will be paid in full to you for self-employment, and your pension insurance will be in accordance with the national regulations for individual industrial and commercial households. treated and included in the scope of social insurance.

(4) For individual resettlement targets who voluntarily stay in the countryside, encourage them to work in rural areas with more land in the outer suburbs.

Article 12 For conscripts whose original household registration is within the scope of land acquisition and included in the resettlement target but who is currently serving in active service, after they retire and return to their place of origin, the civil affairs department in the place where their household registration is located will arrange employment.

Article 13 If the village or organizational system is cancelled, and new economic entities are established after land acquisition, the local district and township governments shall be responsible for the implementation together with the land acquisition (acquisition) unit. Under the premise, land can be allocated on the spot according to the number of people to be resettled, with an area of ??20 square meters per person, and the cost of land acquisition will be collected, and production and operation facilities can be built to be used for setting up new economic entities and resettling the "agricultural-to-non-agricultural" labor force. The resettlement subsidy will be allocated to the newly established economic entities based on the number of resettled people. The land used for establishing new economic entities is administratively allocated land. It shall be used by the resettled persons and shall not be transferred, leased or mortgaged without authorization, on the premise of ensuring the resettlement of the “agricultural to non-agriculture” transfer force. Excess buildings are available for leasing with approval.

New economic entities that obtain land use rights through administrative allocation shall be registered as collectively owned enterprises, and shall be managed by the local government and relevant departments in accordance with the relevant regulations on the management of urban collectively owned enterprises.

After the land is expropriated, those who can retain the original agricultural collective economic organizations shall be encouraged to form joint-stock cooperative enterprises to engage in production and operation and resettle the labor force, and may allocate land in accordance with the provisions of paragraph 1 of this article.

Article 14: For other units that have the ability to accept "agricultural to non-agricultural" labor force. A certain amount of land can also be allocated, and the land price will be favorable.

Article 15 The “agricultural to non-agricultural” labor force should be resettled before the land is handed over.

For national, provincial, and municipal key construction projects that cannot be resettled in time due to special circumstances and are in urgent need of land, they can be resettled first with the approval of the Municipal Labor Bureau. The land acquisition unit will pay living allowances on a monthly basis from the day the land is handed over until the time of placement.

The standard for payment of living expenses is based on the provisions of Document No. 38 Chengbanfa [1991] of the Municipal Government General Office. The salary level is set based on age and then the salary is reduced by one level and policy subsidies are calculated and paid monthly. . The distribution period starts from the date of land use and ends in the month of placement.

While waiting for work, each person aged 16 to 35 will be paid 3.5 yuan per month for medical expenses, and each person over 36 will be paid 5 yuan per month on a lump sum basis. And you can receive the only child fee on a monthly basis with your only child certificate.

Article 16 The “agricultural to non-agricultural” conversion index card shall be handled by the Municipal Planning Commission, and the recruitment procedures shall be handled by the Municipal Labor Department. Mobilization of physical examination and transportation of resettled objects. The land acquisition (acquisition) unit is responsible for this.

Article 17 After the land is expropriated, the resettlement subsidy allocated to the unit receiving the resettlement objects is 14,000 yuan per person; the resettlement subsidy allocated to the self-employed resettlement objects is 12,000 yuan per person. .

Article 18 If a person whose household registration is serving a sentence or undergoing reeducation through labor within the scope of land acquisition is a resettlement object, the land acquisition (use) unit shall allocate the resettlement subsidy to the labor department in the place where the household registration is located. Arrangements will be made by the labor department after release from prison or reeducation through labor.

Article 19 If the private teachers among the resettlement targets are under the age of 45 and are willing to continue to engage in private education, their resettlement subsidies will still be allocated at the standard of 14,000 yuan per person. Schools for continuing vocational education are managed by the township. It will be allocated to the township finance; if it is managed by the district, it will be allocated to the district education committee.

Article 20: After the "agricultural-to-non-agricultural" labor force is placed in the unit for employment, in terms of graded capital transfer, rewards and punishments, retirement, medical insurance, and children's further education and employment, they shall be in accordance with the "Enterprise Law" and The "Regulations on Urban Collectively Owned Enterprises" and other relevant laws and regulations are implemented.

Article 21: After the "agricultural-to-non-agricultural" labor force is placed in the unit for employment, and is dismissed, fired or terminated for various reasons, the transfer of its personal files and resettlement subsidies shall be based on the The municipal government issued document No. 126 [1993].

Chapter 4 Resettlement of Retired Persons

Article 22 When requisitioning land for national construction. Men who are over 55 years old and women over 45 years old who have been transferred from rural areas to non-agricultural areas are eligible for retirement placement and enjoy living allowances. Men who are over 50 years old but under 55 years old; women who are over 40 years old but under 45 years old can also be placed as retirement placement targets upon personal application.

Article 23: Retired personnel who have been transferred from agriculture to non-agriculture after land acquisition for national construction shall be organized and resettled by the land acquisition (expropriation) unit. After resettlement, the land acquisition (acquisition) unit shall be responsible for uniformly handling the insurance procedures for the pension living subsidy for retired people who have "transformed from agriculture to non-agriculture" with the Municipal People's Insurance Company.