Changsha Municipal People’s Government Order No. 60

Changsha Municipal People’s Government Order No. 60

Changsha Municipal People’s Government Order No. 60

Changsha City Land Acquisition Compensation and Resettlement The Measures for the Implementation of the Regulations were discussed and adopted at the municipal government executive meeting on March 10, 2000, and are now promulgated and implemented.

Mayor: Tan Zhongchi

March 16, 2000

Implementation Measures of Changsha City Land Acquisition Compensation and Resettlement Regulations

Article 1 In order to ensure the smooth progress of land acquisition compensation and resettlement work, these implementation measures are formulated in accordance with the "Changsha City Land Acquisition Compensation and Resettlement Regulations" (hereinafter referred to as the "Regulations").

Article 2 According to the provisions of Article 8, Article 13, Paragraph 2, and Article 15 of the Regulations, the land acquisition office established by the municipal, county (city) people's government is responsible for the following specific Work:

(1) Formulate land acquisition plan;

(2) Issue land acquisition announcement;

(3) Examine and approve land acquisition compensation and resettlement plan;

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(4) Coordinate disputes over land acquisition compensation standards.

Article 3 The land administration departments of the municipal and county (city) people’s governments are responsible for land acquisition compensation and resettlement within their jurisdiction. Its main responsibilities are:

(1) Participate in the formulation of land acquisition plans;

(2) Handle land acquisition compensation registration and organize on-site investigation and verification;

(3) Formulate a land acquisition compensation and resettlement plan;

(4) Publish an announcement on the land acquisition compensation and resettlement plan;

(5) Pay the land acquisition compensation and resettlement costs;

( 6) Order demolition and land reclamation within a time limit.

Article 4 Cultivated land includes paddy fields, dry land, professional vegetable fields and professional fish ponds. The area of ??cultivated land per capita is calculated by dividing the area of ??cultivated land calculated and levied agricultural tax by the land-expropriated rural collective economic organization by the number of agricultural population.

Article 5 Within the administrative area of ????this city, buildings constructed after January 1, 1987 must be based on construction land approval documents or construction project planning permits.

Within the municipal area, buildings constructed from April 1, 1982 to December 31, 1986, which are reconstruction of original foundations and occupied non-cultivated land for housing construction, must go through the township (town, farm) Approval; building a house on cultivated land must be approved by the district construction administrative department; if it is not approved, it will be treated as an illegal construction. Buildings constructed before March 31, 1982, without reconstruction or expansion, shall be treated as legal construction.

Counties (cities) may, based on relevant national regulations and actual conditions, conduct legality determinations on buildings built before January 1, 1987 within their jurisdiction.

For the townships (towns) that were added to the urban area after the city’s administrative divisions were adjusted, the legality of buildings built before they were added to the urban areas can be determined by referring to the relevant regulations of the original county.

Article 6 The building area of ??a building is calculated based on the sum of the building areas of each floor. The building area of ??the first floor is calculated based on the peripheral horizontal area of ??the structure above the external wall. The second floor and above are calculated based on the external area. Calculation of the peripheral horizontal area of ??the wall structure. Corridors with columns are calculated based on the horizontal area outside the columns; balconies and corridors with enclosures are calculated based on half of their horizontal area. Wall eaves, gable eaves, and cantilevered awnings are not included in the calculation of the building area.

The floor height of a building is calculated based on the average height from the indoor ground to the floor or through the front and rear walls (columns). If the floor height is less than 2.2 meters, the building area will not be calculated.

Article 7 If land retention is adopted for resettlement, the land quota for villagers’ living resettlement shall be calculated as 55 square meters per person (including land for roads, house spacing and other supporting facilities in the living quarters) to the rural collective whose land has been expropriated Economic organizations; the land quota for villagers' production and resettlement will be calculated to the rural collective economic organizations whose land was acquired according to the proportion of 6% to 10% of the total land acquired; the amount of construction land in the original township (town) and village will remain unchanged.

Article 8 If the water storage depth of a professional fish pond outside the requisition scope is reduced due to construction needs, compensation shall be based on the proportion of the reduced water level multiplied by the annual output value standard of the professional fish pond. When the breeding water depth drops to less than 50 centimeters, compensation will be based on annual output value standards.

Article 9 The area of ??forest land is calculated based on its horizontal impact area. Intercropped crops are compensated for young crops from their higher category.

Article 10 After compensation, the young crops, adult fish, seedlings, flowers, trees, buildings and other ground attachments shall be disposed of by the expropriated area within the prescribed land reclamation period; if they are not disposed of within the time limit, It will be handled by the local authorities.

Article 11 The legal buildings of non-agricultural households on collective-owned land that are to be demolished shall be purchased at a price based on the compensation standards for retained houses, and the homestead costs shall be subsidized based on the legal building area and the minimum standard of construction land compensation. . After compensation according to the above provisions, the land will no longer be allocated for reconstruction.

Article 12 If compensation is required for the demolition of electricity, telecommunications, water supply and drainage, gas and other facilities, the municipal price administrative department shall provide compensation after verification in accordance with relevant national regulations.

Article 13 If the rural collective economic organizations and farmers whose land is expropriated demolish their houses and vacate the land within the prescribed period of demolition and land reclamation, they will be rewarded according to the construction area of ??the demolished houses and the prescribed standards.

Article 14 Annual output value standards of various types of land, housing compensation standards, construction land compensation standards, land reclamation fee standards, production and living facilities compensation standards, grave relocation subsidy standards, moving subsidy standards and The transitional subsidy standards, etc., are promulgated and implemented by the Municipal People's Government; they can be adjusted in a timely manner according to the level of social and economic development and price changes (the current compensation and resettlement standards are attached).

Article 15 The relevant standards stipulated in these Implementation Measures shall apply to the requisition of rural collective land and the use of state-owned agricultural, forestry, animal husbandry and fishery land within the urban area of ??this city. The requisition of rural collective land and the use of state-owned agricultural, forestry, animal husbandry and fishery land within the scope of the county (city) shall be carried out according to 70-80% of the relevant standards stipulated in these implementation measures.

Article 16 For construction projects that have gone through land acquisition approval procedures before January 1, 1999, the land acquisition compensation and resettlement procedures shall be handled in accordance with the original regulations. If the land acquisition compensation and resettlement has been handled in accordance with the original regulations, it will not be changed; if it has been partially handled in accordance with the original regulations, it will continue to be handled in accordance with the original regulations; if it has not been handled in accordance with the original regulations, it will be handled in accordance with the Regulations and these Implementation Measures.

Article 17 These Implementation Measures shall come into effect on the date of promulgation.

Attachments: 1. Land compensation standards for land acquisition in Changsha City;

2. Resettlement subsidy standards for land acquisition in Changsha City;

3. Land acquisition in Changsha City Compensation standards for rural houses in land demolition;

4. Rural areas that need to be retained within the scope of land acquisition in Changsha City

House compensation standards;

5. Land acquisition for production in Changsha City , Compensation standards for living facilities;

6. Compensation fees for land acquisition and construction in Changsha City and other

compensation standards.