What is the new standard of land expropriation compensation in Taizhou?

Compensation for land expropriation refers to the land compensation for relevant personnel due to the need of national or social interests and the compulsory expropriation of land by the state public power. From the word compensation, we can see that this kind of behavior is legal, and citizens have the obligation to allow the state to requisition land when necessary for the public interest and cooperate with it. The new standard of land expropriation compensation in Taizhou has been issued, and the specific contents are as follows. According to the Land Requisition Plan for the Fourth Batch of Urban Construction Land in Taizhou City in 2007 approved by the People's Government of Jiangsu Province with the document No.0 130, Taizhou Municipal Bureau of Land and Resources, together with the Development Zone Management Committee, Land Branch and Land Institute, reviewed the land requisition compensation registration of the expropriated villages (groups) and worked out the land requisition compensation and resettlement plan. According to Article 48 of the Land Administration Law of the People's Republic of China and Article 25 of the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the contents and related matters of Taizhou land acquisition compensation and resettlement plan and new land acquisition compensation standards are hereby announced as follows: 1. Land compensation and resettlement standard: 1, land compensation standard: 240,000 yuan/hectare. 2. Resettlement subsidy standard:10.8 million yuan/person. Two, the compensation standard of attachments on the ground according to the actual attachments in accordance with the provisions of the municipal government Decree No.23 standard compensation. Three. Young crops compensation standard: 24,000 yuan/hectare. Trial Measures for Land Requisition Compensation and Basic Living Security for Land Expropriated Farmers in Taizhou Chapter I General Provisions Article 1 In order to protect the legitimate rights and interests of land expropriated farmers and rural collective economic organizations, ensure the basic living of land expropriated farmers, and strengthen the management of land expropriation compensation and basic living security, in accordance with the Land Administration Law of the People's Republic of China, the Rural Land Contract Law of People's Republic of China (PRC), the Regulations on Land Management in Jiangsu Province, and the Trial Measures for Land Expropriation Compensation and Basic Living Security for Land Expropriated Farmers in Jiangsu Province, combined with the actual situation of this Municipality, and other laws, regulations and policies, Article 2 The term "land requisition compensation and basic livelihood guarantee for landless peasants" as mentioned in these Measures refers to the behavior of the state to give reasonable compensation to landless peasants and rural collective economic organizations in accordance with laws, regulations and policies, and to establish a basic livelihood guarantee system for landless peasants to ensure their basic livelihood. The term "landless peasants" as mentioned in these Measures refers to the personnel who need to establish basic living security from the members of the collective economic organization after the land collectively owned by peasants is expropriated as state-owned. Article 3 These Measures shall apply to the compensation for land expropriation and the establishment of the basic living security system for landless farmers within the administrative area of this Municipality. Within the urban planning area, before the implementation of these measures, the villagers' groups whose per capita arable land is less than 0. 1 mu, after being revoked with the approval of law, the original rural residents are converted into urban residents, and these measures are not applicable to the social security system for urban residents according to the regulations. Land requisition compensation standards and resettlement measures for large-scale water conservancy and hydropower projects and key infrastructure construction such as railways, highways and waterways shall be formulated by the people's governments of the State Council and the province. Fourth land acquisition compensation and basic living security for landless farmers by the municipal and municipal (District) people's government unified leadership, the relevant departments are responsible for the implementation. The land administrative department is specifically responsible for the formulation, examination and approval of the land acquisition compensation scheme and the payment of land acquisition compensation and resettlement fees; The labor and social security departments are specifically responsible for the management and distribution of the basic living security funds for landless farmers, and set up the basic living security agencies for landless farmers; The financial department is responsible for setting up a special account for the basic living security funds of landless farmers and raising and allocating funds; The supervision department is responsible for the supervision of land acquisition and resettlement and the basic living security of landless farmers, as well as the investigation and punishment of cases of violation of law and discipline; The audit department is responsible for auditing the income and expenditure of land acquisition and resettlement and the basic living security expenses of landless farmers; The departments of agriculture and industry, labor and social security shall cooperate with the public security department to review the list of landless farmers. Land-expropriated township (town) people's governments and sub-district offices shall actively cooperate with each other to assist in the specific matters of land-expropriated compensation and basic living security for land-expropriated farmers. Article 5 When land is expropriated, the following persons can be included in the statistics of members of rural collective economic organizations: (1) the permanent population registered in rural collective economic organizations, who enjoy the right to contracted management of rural land according to law and assume corresponding obligations; (2) College students, active duty conscripts and first-and second-class noncommissioned officers who meet the requirements specified in Item (1) before entering school or joining the army; (three) prisoners and reeducation-through-labor personnel who meet the conditions specified in item (a) before serving their sentences and reeducation through labor; (4) Minors whose parents meet the requirements for membership of rural collective economic organizations and whose household registration is in this rural collective economic organization; (5) Although the household registration has changed, the rights and obligations in the collective economic organizations have not changed. Article 6 When land is expropriated, the following persons shall not be included in the statistics of members of rural collective economic organizations: (1) Persons who have been resettled (including monetary resettlement) in previous land expropriation or who have been removed from the group and moved in; (two) staff registered in state organs or institutions of rural collective economic organizations; (3) Persons who have registered as rural collective economic organizations and have received social endowment insurance after retirement or resignation by relevant departments in accordance with state regulations; (four) for other reasons, the account will be moved to the rural collective economic organizations; (5) Other personnel. Article 7 Establish an accounting management system. Land administrative departments should implement dynamic management of agricultural land within their jurisdiction, establish a ledger of changes in the number of cultivated land in rural collective economic organizations, and do a good job in relevant statistical work; Labor and social security departments should establish accounts for landless farmers who implement basic living security; Public security departments should establish resident accounts after land acquisition and do a good job in household registration management. Article 8 According to the regional division of land expropriation compensation standard in Jiangsu Province, Taizhou urban area (hereinafter referred to as urban area) is the second-class area, while Xinghua, Jiangyan, Taixing and Jingjiang (hereinafter referred to as four cities) are the third-class areas. Chapter II Compensation for Land Requisition Article 9 Land collectively owned by peasants must be requisitioned in full and on time in accordance with regulations. Compensation and resettlement fees for land acquisition include land compensation fees, resettlement fees, young crops compensation fees and ground attachments compensation fees. Land units must pay all land acquisition compensation and resettlement fees to the land administrative departments in full before going through the land acquisition procedures for approval. Article 10 The compensation and resettlement expenses for land expropriation shall be determined according to the following standards: (1) The land compensation fee shall be calculated according to the multiple of the average annual output value of the land in the three years before expropriation. The minimum standards for the average annual output value of cultivated land in the first three years are: urban area 1600 yuan/mu, four cities 1400 yuan/mu; The minimum annual average output value of vegetables in urban planning area is 1900 yuan/mu. 1. The land compensation fee for expropriation of cultivated land (including grain fields and vegetable fields) is 10 times of the average annual output value of the cultivated land in the three years before expropriation; 2. Expropriation of intensive fish ponds shall be calculated as 10- 12 times of the average annual output value of adjacent cultivated land in the first three years; Requisition of other aquaculture water surfaces is calculated at 6-8 times of the average annual output value of adjacent cultivated land in the first three years; 3. Expropriation of orchards or other economic forest land shall be calculated as 10- 12 times of the average annual output value of adjacent cultivated land in the first three years; 4. If other agricultural land is requisitioned, it shall be calculated as 8- 10 times of the average annual output value of adjacent cultivated land in the first three years; 5. If unused land is requisitioned, it shall be calculated according to 5 times of the average annual output value of adjacent cultivated land in the first three years; 6. Expropriation of collectively owned non-agricultural construction land shall be calculated as 8- 10 times of the average annual output value of adjacent cultivated land in the first three years. (two) the resettlement subsidy shall be determined according to the number of rural collective economic organizations that need to be resettled. The number of rural collective economic organizations that need to be resettled shall be calculated according to the number of cultivated land requisitioned divided by the average number of cultivated land occupied by each rural collective economic organization before land requisition. The minimum standard of resettlement subsidy for each person who needs resettlement is: urban area10.8 million yuan, and four cities10.3 million yuan. The resettlement subsidy for requisition of agricultural land such as aquaculture water surface and orchard shall be calculated according to 70% of the compensation standard for adjacent cultivated land. If unused land and non-agricultural construction land collectively owned by farmers are requisitioned, resettlement subsidies will not be paid. (three) young crops compensation fee, generally calculated at 50% of the average annual output value of the expropriated land in the first three years. Annual crops are calculated according to the annual output value, and those that can be harvested are not compensated or properly compensated. The people's governments at or above the county level shall not compensate the crops planted by surprise. (four) the compensation fee for attachments shall be compensated according to the standards stipulated in the Measures for the Implementation of Taizhou Municipality. Article 11 After the land requisition compensation and resettlement scheme is approved, the land administrative departments of the city and city (district) shall extract not less than 70% from the land compensation fees and all resettlement subsidies as the basic living guarantee funds for the landless farmers, pay the remaining land compensation fees to the rural collective economic organizations, and pay the ground attachments and young crops compensation fees to the ground attachments and young crops owners. The land acquisition compensation fee shall be paid in full within three months from the date of approval of the land acquisition compensation and resettlement plan. After the land requisition compensation and resettlement fees are paid in full, the land administrative department shall make an announcement in time at the location of the rural collective economic organization where the land is expropriated. If the compensation and resettlement fees for land acquisition are not paid in full, the rural collective economic organizations that have been expropriated have the right to refuse to pay the land payment; Land acquisition compensation with the full amount in place, the land-expropriated rural collective economic organizations shall not delay the delivery of land. Article 12 Land compensation fees paid to rural collective economic organizations shall be included in the management of provident fund, and must be used for the development of production and public welfare undertakings by rural collective economic organizations, as well as to solve the living problems of landless farmers left over from history, and shall not be used for other purposes. Thirteenth the average annual output value of cultivated land in the first three years and the standard of resettlement subsidy shall be adjusted by the municipal and municipal people's governments with districts according to the actual situation of economic and social development and price level. The Municipal People's Government will report the adjustment to the Municipal People's Government for approval before implementation. Chapter III Basic Living Security Article 14 The sources of basic living security funds for land-expropriated farmers include: (1) land compensation fees of not less than 70% and all resettlement subsidies; (II) The part paid by the people's government of the city, city (county) from the land revenue such as land transfer fee for newly requisitioned construction land shall be calculated according to the area of newly requisitioned construction land, and the urban area shall not be less than 1 10,000 yuan per mu, and the four cities shall not be less than 9,000 yuan per mu; (three) the interest of the basic living security fund for landless farmers and its value-added income; (four) other funds that can be used for the basic living security of landless farmers. Where land for public facilities and public welfare undertakings is supplied by allocation, the construction land unit shall pay the basic living security fund according to the standard specified in Item (2) of the preceding paragraph. The basic living security funds are insufficient to pay, and the finance at the same level is responsible for solving it. Fifteenth landless peasants' basic living security fund account consists of individual accounts and social pooling accounts. Individual accounts are composed of not less than 70% of land compensation fees and all resettlement subsidies. The social pooling account consists of government investment and other funds that can be used to ensure the livelihood of landless farmers, and is mainly used to supplement the funding gap for the livelihood of landless farmers. City, city (District) financial department shall, within three months after the newly requisitioned construction land, land leasing and other land paid use income is put into storage, transfer the government-funded part in full to the social pooling account to ensure the timely and full payment of the basic living security funds for landless farmers. Sixteenth basic living security funds into the financial account management, earmarking, accounting separately. No department, unit or individual may occupy, misappropriate, intercept or lend the funds, and shall not use the funds for other investments except the purchase of treasury bonds without authorization to ensure the preservation, appreciation, safety and integrity of the funds. Article 17 With the approval of the land requisition compensation and resettlement scheme as the boundary, the landless peasants who implement the basic living guarantee are divided into the following four age groups: the first age group1under 6 years old; The second age group is women from 16 to 45 years old, and men from 16 to 50 years old. The third age group, women are 45 to 55 years old and men are 50 to 60 years old; The fourth age group is women over 55 and men over 60. The "above" mentioned in the preceding paragraph includes this number. Eighteenth landless farmers in four age groups to implement the basic living security ratio, should be the same as the rural collective economic organizations before land acquisition. The list of land-expropriated farmers who implement the basic living guarantee shall be proposed with the consent of more than half of the members of the land-expropriated rural collective economic organizations, audited by the township (town) people's government or the subdistrict office, and approved by the municipal (district) industrial and commercial department, labor and social security department with the cooperation of the public security department. After examination and approval, it shall be publicized at the location of the rural collective economic organization where the land is expropriated. Nineteenth people in the first age group receive a one-time living allowance of not less than 5,000 yuan per person in urban areas and not less than 4,000 yuan per person in four cities. People of this age are no longer included in the basic living security system. Article 20 Land-expropriated farmers who implement basic living security shall implement different security standards according to different age groups: (1) People in the second age group shall receive monthly living allowance for employment and training period from the month following the delivery of land by rural collective economic organizations, and the monthly allowance for each urban person shall not be less than 140 yuan, and the monthly allowance for each four cities shall not be less than 120 yuan, with a term of two years; Receive a pension on a monthly basis when you reach the age of receiving a pension. (II) People in the third age group receive monthly living allowance from the month following the delivery of land by rural collective economic organizations to retirement age. The monthly living allowance is not less than 120 yuan per person in towns and not less than 100 yuan per person in four cities; Receive a pension on a monthly basis when you reach the age of receiving a pension. (3) Persons in the fourth age group shall receive their pensions on a monthly basis from the month following the delivery of land by rural collective economic organizations, of which the monthly pension shall be no less than 170 yuan per person in cities and no less than 140 yuan per person in four cities. Article 21 When the living allowance and pension standard for the basic living guarantee of landless farmers need to be adjusted according to the economic level of the whole city, the municipal labor and social security department shall, jointly with the municipal finance and land administrative departments, put forward an adjustment plan, which shall be implemented after being reported to the municipal government for approval. Article 22 According to the regulations of the state, the basic living security funds and their value-added parts, as well as the pensions and living allowances received by those who implement the basic living security, are exempt from taxes and fees. Twenty-third basic living security personnel to move out of the domicile, the security relationship and the balance of principal and interest in personal accounts can be transferred to the labor and social security department where they move in. If it cannot be transferred, you can settle the principal and interest amount in your personal account to yourself in one lump sum to terminate the basic living security relationship. If the insured dies, the balance of principal and interest in his personal account shall be settled in one lump sum to his legal heir. Twenty-fourth landless farmers have been employed and participated in the old-age insurance for urban enterprise employees, the basic living security relationship is terminated, and the balance of personal account funds can be collected at one time, which can also be used to pay the old-age insurance for urban enterprise employees. Twenty-fifth 16 landless farmers have the right to participate in the basic living security. Land-expropriated farmers who do not want to participate in the basic living security can write an application on a household basis, and after the local village collective economic organizations agree and sign an agreement with the village collective economic organizations that they do not want to participate in the basic living security, they can receive land compensation fees and resettlement subsidies due to individuals after being approved by the township (town) people's government and reported to the municipal (district) land administrative departments, finance, labor and social security departments for the record. Land-expropriated farmers are unwilling to participate in the basic living security and receive compensation and resettlement fees, and demand adjustment of contracted farmland. Where conditions permit, an application can be made on a household basis, and adjustments can be made with the consent of more than 2/3 members of the villagers' group, and the land compensation fees and resettlement subsidies will be distributed among the members of the villagers' group. Twenty-sixth after land acquisition, the per capita arable land is less than 0. 1 mu, which meets the conditions of group relocation. The township (town) people's government shall apply and cancel the establishment of the landless villagers' group with the approval of the Municipal People's government (the district people's government shall report to the Municipal People's government for approval). After withdrawal, all the remaining collective land will be converted into state-owned land. After withdrawal, the assets of the former collective economic organization and the surplus land disposal income will be mainly used for the production, life and social security of the members of the former rural collective economic organization. Twenty-seventh city (District) people's government and its subordinate labor and social security departments shall organize landless farmers to carry out pre-employment vocational skills training in a planned and step-by-step manner, improve their vocational skills and employability, and provide services such as job introduction and vocational guidance. Pre-employment skills training of land-expropriated farmers will create conditions for employment of land-expropriated farmers, and the required funds can be charged from the social pooling account. Twenty-eighth of the landless farmers before the implementation of these measures, cities (districts) can be based on the actual situation of local land acquisition compensation, combined with the spirit of these measures, and gradually establish and improve the living allowance and security system for landless farmers. Chapter IV Legal Liability Article 29 Where a land acquisition unit or relevant department falsely reports relevant data, practices fraud, impersonates or impersonates land acquisition compensation, or intercepts compensation and resettlement fees for land acquisition, the land administrative department at or above the county level shall order it to make corrections, and the administrative responsibilities of the person in charge and other directly responsible personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirtieth of interception, embezzlement, misappropriation of land acquisition compensation and resettlement fees, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 31 Any state functionary who neglects his duty, abuses his power or engages in malpractices for personal gain in the compensation for land acquisition and the basic livelihood guarantee for landless farmers shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-second construction land units and individuals without compensation for land acquisition, the land administrative department shall order it to make corrections, and may be punished according to law. Thirty-third obstruction, destruction of land acquisition, land management personnel from performing official duties according to law, the public security organs shall be punished in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security"; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-fourth municipalities (District) people's government according to these measures, combined with the local actual situation, formulate specific implementation rules, reported to the Municipal People's government for the record. Article 35 These Measures shall come into force as of July 1 2004. In the process of land expropriation and compensation, citizens may apply for administrative reconsideration or bring an administrative lawsuit to safeguard their legitimate rights and interests if they feel that the administrative organ has improper procedures or other duties that violate the law in the process of expropriation. Extremely threatening others to protect their rights is not good for them.