Measures for Compensation and Resettlement of Collective Land Demolition in Yongchuan District of Chongqing Municipality
Notice of implementation measures
Yongchuan Fufa [2008] No.22
Township People's governments, sub-district offices and district government departments:
The measures for the implementation of collective land expropriation, compensation and resettlement in Yongchuan District of Chongqing Municipality have been adopted at the17th executive meeting of the district government and are hereby printed and distributed to you, please follow them.
Yongchuan district of Chongqing
Measures for the implementation of compensation and resettlement for expropriation of collective land demolition
Chapter I General Provisions
Article 1 In order to safeguard the legitimate rights and interests of units and individuals whose land has been expropriated, standardize the management of land expropriation and demolition, and ensure the smooth progress of collective land expropriation, these Measures are formulated in accordance with relevant laws and regulations and in combination with the actual situation in this region.
Article 2 These Measures shall apply to the compensation for expropriation of rural collectively-owned land, personnel resettlement and compensation and resettlement for house demolition (hereinafter referred to as compensation and resettlement for land acquisition and demolition) within the administrative area of this district.
The third district land administrative departments shall be responsible for the organization and implementation of the compensation and resettlement for land acquisition and demolition and the transfer of the basic old-age insurance fund for rural residents whose land has been expropriated.
Labor and social security departments are responsible for the employment training and services of landless farmers, and handle basic old-age insurance.
The public security department is responsible for providing the household registration information of rural residents whose land has been expropriated in time, and handling the examination, confirmation, registration and statistics of rural residents' household registration.
The agricultural department is responsible for the property distribution, verification and adjustment of the collective economic organizations of the expropriated land.
The financial department is responsible for the management of special accounts for land acquisition and the transfer and disbursement of subsidies for basic old-age insurance.
The civil affairs department is responsible for the minimum living guarantee for landless farmers.
Audit and supervision departments are responsible for the supervision and inspection of the implementation of land acquisition compensation and the use and management of land acquisition expenses.
The planning and construction department is responsible for the site selection, construction and quality management of land acquisition and resettlement houses and ordinary houses sold to land acquisition and resettlement personnel.
Town (street) people's government and other relevant departments shall, in accordance with their respective responsibilities, cooperate with the relevant work of compensation and resettlement for land acquisition and demolition.
Article 4 The principles of legality, openness, fairness and compensation for land acquisition, demolition and relocation shall be followed. All land acquisition compensation and resettlement fees must be paid in full and on time according to law. It is forbidden to occupy, misappropriate and default on compensation and resettlement fees for land acquisition.
Chapter II Land Acquisition Compensation and Resettlement Standards
Article 5 Land compensation fees and resettlement subsidies shall be calculated separately. The land compensation fee is calculated according to the area of expropriated land regardless of land type, and the standard of land compensation fee is per mu 15000 yuan. The resettlement subsidy is calculated according to the number of agricultural population transferred to non-resettlement, and the resettlement subsidy standard for each agricultural population transferred to non-resettlement is 25,000 yuan.
Article 6. 80% of the total amount of land acquisition compensation is first used as a whole for landless farmers to participate in the basic old-age insurance for urban enterprise employees, and the land administrative department will transfer it to the labor and social security department, and the remaining 20% will be paid to the landless rural collective economic organizations for the development of the collective economy and the arrangement of the production and life of the members of the collective economic organizations.
Article 7 The payment of resettlement subsidies shall be determined according to the different age groups of land-expropriated farmers. For land-expropriated farmers under the age of 16, the resettlement subsidies shall be paid in full to individuals; For those who have reached the age of 16 and above, their individuals shall pay 50% of the total cost of participating in the basic old-age insurance for employees of urban enterprises according to the relevant regulations (the specific standard shall be implemented according to document Y.F.F. [2008] No.26), and the land management department shall transfer their resettlement subsidies to the labor and social security department for special use in the basic old-age insurance for landless farmers, and the rest resettlement subsidies shall be paid to individuals.
Article 8 If 80% of the land compensation fee and the monks who pay the old-age insurance premium can't meet the needs of the landless peasants to participate in the basic old-age insurance for urban enterprise employees, the difference will be made up by the land acquisition implementation unit and included in the land acquisition cost, which will be specially used to ensure the capital needs of the landless peasants to participate in the basic old-age insurance for urban enterprise employees.
Article 9 The compensation for young crops shall be calculated according to the cultivated land area investigated at the time of land requisition, and the compensation per mu shall be 1650 yuan.
Article 10 The compensation fee for the above-ground attachments shall be comprehensively determined according to the land area (excluding construction land) of 4,500 yuan per mu, which shall be paid by the land acquisition implementation unit to the expropriated collective economic organization, and transferred or distributed to the owner of the above-ground attachments by the expropriated collective economic organization.
Article 11 The above-ground structures shall be cleared and registered by the land acquisition implementation unit, and the compensation fee shall be calculated according to the attached table 1 and paid directly to the owner of the above-ground structures.
The above-ground structures robbed after the announcement of land requisition shall not be compensated.
Twelfth units that separately account for water, electricity and gas shall be compensated according to the installation cost at the time of land acquisition.
If a separate account is set up to accommodate cable radio and television lines and data communication lines, compensation shall be given according to the installation cost at the time of land acquisition. Telephone relocation should be compensated according to the relocation fee standard stipulated by the telecommunications department.
Thirteenth rural collective economic organizations whose land is expropriated shall manage and use the compensation and resettlement fees for land expropriation according to law. The income and expenditure of land acquisition compensation and resettlement fees shall be announced to the members of the collective economic organization and accepted by the masses.
The agricultural department and the town (street) people's government should strengthen the guidance on the allocation and use of compensation and resettlement fees for land acquisition.
Chapter III Personnel Placement
Fourteenth of the total population of rural collective economic organizations whose land has been expropriated, the following personnel shall be resettled according to law on the date of the announcement of land expropriation:
(1) Agricultural personnel;
(2) College students, active duty conscripts and reeducation-through-labor personnel;
Fifteenth the following land-expropriated personnel can go through the formalities of peasants, without compensation and resettlement:
(1) Retirees who have returned to their hometowns by rotation in rural areas;
(two) unable to determine the marriage relationship or maintenance (support) relationship to move in and there is no contracted land;
(three) people who moved in after the announcement of land acquisition or newborn babies.
Article 16 If all the land of a rural collective economic organization is expropriated, all the members of the collective economic organization will be converted from cultivated land to non-cultivated land; Part of the expropriation of land of rural collective economic organizations, the number of people from rural to non-rural, is calculated and determined by dividing the sum of the expropriated cultivated land area (the area of orchards and pastures is calculated according to the cultivated land area, the same below) by 0.5 times of the non-cultivated land area and by the per capita cultivated land area of the expropriated collective economic organizations. The per capita cultivated land area is the cultivated land area recorded in the collective land ownership certificate (excluding the expropriated cultivated land area) divided by the total population of rural collective economic organizations.
Article 17 When the land of rural collective economic organizations is partially expropriated, and the contracted farmland of the landless farmers is expropriated, and the remaining farmland area of each household is less than 0.5 mu, in addition to calculating the number of farmers in rural areas in accordance with the above provisions, the landless farmers can separately apply for increasing the number of farmers in rural areas in their families until the remaining farmland area of the household reaches more than 0.5 mu; Land-expropriated farmers have not applied for conversion from rural areas to non-rural areas, and rural collective economic organizations should adjust their contracted cultivated land if conditions permit.
Eighteenth in the city (town) planning area due to house expropriation and demolition, the relocated households can apply for all farmers as a unit.
Chapter IV Compensation and Resettlement for House Demolition
Nineteenth houses with legal land ownership certificates within the scope of land acquisition shall be compensated to the house owners.
Demolition of houses without legal land and housing ownership certificates, illegal buildings, temporary buildings that have exceeded the approved use period and temporary buildings that have been used for more than 2 years without the specified use period will not be compensated.
Demolition of temporary buildings within the approved service life and temporary buildings that are actually used within 2 years without specified service life shall be compensated according to the standards of 80 yuan/㎡ for brick-concrete structure, 50 yuan/㎡ for brick-concrete structure and 30 yuan/㎡ for earth tile structure.
Twentieth the area and use of the house to be demolished shall be subject to the area and use specified in the land and house ownership certificate.
Unauthorized use of houses for other purposes, according to the housing compensation and resettlement.
Article 21 After the demolition of productive non-residential houses approved and registered by the land and housing administrative departments, and houses of collective enterprises in production with valid business licenses and tax payment vouchers, the original houses shall be owned by the state after the compensation is calculated according to the replacement price, and the land administrative departments shall be responsible for the disposal. The relocation loss expenses of the relocated person (including equipment relocation loss, shutdown loss and relocation subsidy) shall be calculated as 15% of the depreciated net value of the relocated equipment.
For the demolition of rural public housing facilities with land and housing ownership certificates, the compensation fee is calculated at the new price, and the relocation subsidy is calculated at 15% of the new price. If it is really necessary to move, the person to be taken will move by himself.
The replacement price mentioned in the preceding paragraph is calculated by adding 90% to the price in Table 2.
Twenty-second demolition of non-residential enterprises approved by the land and housing management department, holding a valid business license, tax payment vouchers, and non-residential housing is operating, compensation and resettlement in accordance with the following provisions:
(a) the original operating non-residential area of less than 20 square meters, the area of the house to be demolished shall be compensated according to the average non-residential price of ordinary goods in the adjacent lots at the time of land acquisition;
(two) the original operating non-residential area of more than 20 square meters, according to the provisions of the first paragraph of this article, the standard of 20 square meters of compensation; For the part exceeding 20 square meters, the compensation shall be increased by 100% according to the original housing compensation standard (see Schedule 2).
Twenty-third in accordance with the provisions of these measures, which belong to the object of housing demolition and resettlement, the compensation standard for housing demolition shall be implemented in accordance with the standards in Schedule 2.
Do not belong to the object of housing placement, housing demolition compensation standard in accordance with the standard of Schedule 2 50% compensation.
Twenty-fourth landless farmers who have legal land and housing ownership certificates before the date of land acquisition announcement are the objects of housing resettlement, and housing resettlement is carried out according to the construction area of 30 square meters per person (the same below).
The spouse or minor children of the housing resettlement object are urban registered permanent residence. If they have no housing in other places and live with their spouses or parents for a long time within the scope of land acquisition and demolition, they can enjoy the resettlement area of 15 square meter when choosing monetary resettlement or unified construction resettlement. Among them, the unified construction and resettlement are combined with the original head of household.
Twenty-fifth in the scope of land acquisition and demolition, one of the following circumstances does not belong to the housing resettlement object:
(a) the house being demolished has not been handed over to the non-demolition personnel;
(2) Persons whose houses have not been demolished;
(three) urban personnel who have obtained housing property rights through sale, inheritance and gift.
Article 26. Rural residents whose houses outside the urban planning area have been demolished and have not been converted from rural areas to cities and towns can apply for homestead according to the relevant provisions of rural housing construction, without housing placement, and the land acquisition implementation unit will pay a one-time homestead adjustment subsidy of 3000 yuan per household.
Twenty-seventh houses to implement monetary resettlement, it should be a one-time settlement of monetary resettlement after the signing of the demolition compensation and resettlement agreement.
The monetary resettlement fund is calculated according to the following formula: monetary resettlement amount = average price of multi-storey ordinary commercial housing × construction area to be resettled.
The average price of multi-storey ordinary commercial housing mentioned in the preceding paragraph shall be implemented according to Schedule 3, the same below.
Twenty-eighth monetary resettlement, can be given a one-time reward. The specific reward amount shall be specified by the land administrative department in the implementation plan of compensation and resettlement for land acquisition and demolition, and shall be implemented after being approved by the District People's Government.
Article 29 The District People's Government may, according to the urban planning, regional housing and housing demand, allocate a certain amount of state-owned land use rights, and determine the construction unit to build ordinary houses through bidding, and the construction unit shall refer to the price standard of affordable housing in this district to sell the land-expropriated farmers through monetary resettlement to meet their housing needs.
For those who move from rural areas to cities and towns, they will build and sell houses in a targeted manner and enjoy preferential policies related to affordable housing.
Thirtieth conditional unified construction of resettlement houses, resettlement houses can be built in accordance with urban planning, village and market town planning. Unified construction compensation and resettlement adopts the principle of "separate pricing and consolidated settlement of price difference". Housing compensation shall be calculated according to Schedule 2. Housing resettlement shall be based on households, and in accordance with the construction area standards determined in these Measures, the price of brick wall (strip stone) prefabricated sets at the time of land acquisition shall be applied to the land administrative department for priority purchase of resettlement houses. Due to the limitation of apartment design, the part of the resettlement house purchased by the housing resettlement object that exceeds the specified standard of 5 square meters shall be purchased at 50% of the construction cost; The part exceeding the specified standard by 5- 10 square meter shall be purchased at the comprehensive cost; The part exceeding the specified standard 10 square meter shall be purchased at the average price of multi-storey ordinary commercial housing.
After the announcement of land acquisition, the resettlement houses purchased by divorced families, which exceed the construction area stipulated in the household resettlement standards, are purchased at the average price of multi-storey ordinary commercial houses.
Due to the limitation of apartment design, the purchase of resettlement houses does not meet the prescribed standards, and the insufficient part is compensated to the resettlement people by the land acquisition implementation unit according to the construction and installation costs.
The construction and installation costs, comprehensive costs and average prices of multi-storey ordinary commercial housing mentioned in the preceding paragraph shall be implemented according to Schedule 3. According to the social and economic development and changes in the real estate market, the district land administrative departments may adjust the standards listed in Schedule 3 in a timely manner and report them to the district government for approval before promulgation and implementation.
Thirty-first unified construction and resettlement, according to the provisions of tax relief for affordable housing, but natural gas installation costs, ventilation costs borne by the housing resettlement object.
Article 32 Before the date of the announcement of land requisition, urban personnel who have lived in the scope of land requisition and demolition for a long time, hold the house ownership certificate and the land use right certificate, and have no housing in cities and towns, can be given a one-time monetary subsidy according to the following formula after being examined and approved by the housing resettlement party:
Amount of monetary subsidy = (average price of multi-storey ordinary commercial housing-Jian 'an cost ×50%)× 30 square meters per person.
Thirty-third urban planning areas shall not implement self-built housing placement.
In areas where collective land outside the urban planning area is expropriated and there is no unified construction of resettlement houses, residential land can be allocated in accordance with the planning management requirements and the standards for urban residents to build residential land, and the housing resettlement objects will build their own houses and give subsidies.
Self-built houses are subsidized according to the cost of 30 square meters per person and the construction and installation of local urban residents' houses at the time of land acquisition, and the land-expropriated farmers allocate their homesteads according to the standards for urban residents' residential land construction.
The residential land standard for urban residents is per person15m2, with 3 people in families with less than 3 people, 4 people in families with more than 4 people, and 5 people in families with more than 5 people.
Thirty-fourth couples with registered permanent residence in two collective economic organizations are the same batch of housing resettlement objects and merged into one family resettlement.
Housing placement objects in more than two collective economic organizations have housing, in the land acquisition and demolition can only be placed once.
A family in the collective economic organization has more than two houses were demolished, a one-time placement.
Article 35 The indoor facilities of relocated households shall be subsidized by 2,400 yuan per household, including: stove, water tank, washbasin, stone table (stool), water, electricity, gas pipeline, granary, septic tank, animal pen, etc. For the missing items, the corresponding expenses should be reduced.
The decoration of the demolished house is demolished by the owner free of charge; If it is really impossible to dismantle, appropriate comprehensive quota compensation shall be given in accordance with Schedule 4.
Thirty-sixth houses within the scope of land acquisition and demolition, the demolition should be vacated within the time limit stipulated in the land acquisition compensation and resettlement plan, and the land acquisition implementation unit will organize the demolition in a unified manner. For the early relocation within the prescribed time limit, certain rewards can be given. The specific reward standard shall be clearly defined by the land administrative department in the implementation plan of compensation and resettlement for land acquisition and demolition, and shall be promulgated and implemented after being approved by the District People's Government.
Within the prescribed time limit, a one-time relocation subsidy will be given to the relocated households, including 500 yuan for each household with 3 or less people and 600 yuan for each household with 3 or more people. Temporary transition households are counted as 2 times.
Due to the construction needs, the relocated households need to move and transition in advance. From the date of transition, the relocation subsidy or relocation transition fee shall be calculated according to the number of people who enjoy the housing resettlement treatment for each household. In case of monetary resettlement or self-built housing, the relocation allowance 1 1,000 yuan shall be calculated once per person. In case of unified construction and resettlement, the relocation transition fee shall be calculated at 100 yuan per person per month according to the actual transition time.
If the relocation transition fee payment object fails to receive the resettlement house within the time limit notified by the land acquisition implementation unit, the relocation transition fee will be terminated.
Chapter V Implementation of Compensation and Resettlement for Land Requisition
Article 37 Before land requisition is submitted for approval according to law, the land administrative department shall inform the rural collective economic organizations and farmers of the location, use, compensation standard, resettlement method and relevant matters of suspension within the scope of land to be requisitioned by announcement.
Thirty-eighth from the date of the announcement of the proposed land acquisition, the relevant departments of public security, construction, planning, industry and commerce and the town (street) people's government shall, according to their respective responsibilities, do the following work within the scope of the proposed land acquisition:
(a) to suspend the procedures for rural residents' household registration and household registration transfer, but it is really necessary to enter the household if they return to their original place of residence because of birth, marriage, demobilization of veterans, release from prison, release from reeducation through labor, release from juvenile detention, declaration of death or disappearance;
(two) to suspend the examination and approval procedures for new construction, expansion, reconstruction, sale, exchange, division, gift and change of use, and the registration procedures for the change of rural housing ownership;
(three) to suspend the procedures for the establishment and change of enterprises.
Thirty-ninth from the date of the announcement of the land to be requisitioned, the land administrative departments shall investigate the ownership, land type, area and attachments on the ground of the land to be requisitioned. Rural collective economic organizations, farmers and owners of attachments on the ground within the scope of land acquisition shall assist in the investigation. If there is no reason to refuse to assist in the investigation and confirmation, the investigation results of the land administrative departments shall prevail.
Article 40 The District People's Government shall, within 10 working days from the date of receiving the approval document for land requisition, make public the land requisition authority, the purpose, scope, area and compensation standard of land requisition, the resettlement method of agricultural personnel, the place and time limit for the registration of compensation and resettlement for land requisition and demolition in the rural collective economic organizations with land requisition.
Land-expropriated rural collective economic organizations, farmers and owners of attached objects on the ground shall, within the time limit notified by the announcement, go to the place notified by the announcement for registration of compensation and resettlement for land acquisition and demolition with land and housing ownership certificates, household registration books and land acquisition survey results confirmed by * * * *. If the registration is not completed within the time limit, the survey results of the land administrative departments shall prevail.
Land administrative departments shall timely announce the registration and investigation results of compensation and resettlement for land acquisition and demolition within the scope of the expropriated collective economic organizations, and accept the supervision of the masses.
Article 41 The land administrative departments shall, according to the approval documents of land acquisition, draw up the implementation plan of compensation and resettlement for land acquisition and demolition with the land-expropriated rural collective economic organizations as the unit within 45 days from the date of the announcement of land acquisition by the District People's Government, and make an announcement to listen to the opinions of the land-expropriated units and individuals. If the land-expropriated units or individuals have different opinions on the implementation plan of compensation and resettlement for land acquisition and demolition, they shall put forward written suggestions to the land administrative departments within 10 working days from the date of announcement of the implementation plan of compensation and resettlement for land acquisition and demolition. Land administrative departments shall, jointly with relevant departments, study the different opinions of land-expropriated units or individuals in a timely manner.
Forty-second land administrative departments shall, in accordance with the relevant provisions, inform the land-expropriated units and individuals that they have the right to apply for a hearing. Units and individuals whose land has been expropriated apply for a hearing, and shall organize a hearing in accordance with the relevant provisions.
Forty-third land administrative departments will land acquisition and relocation compensation and resettlement implementation plan, together with the opinions, adoption and hearing materials of the land-expropriated units and individuals, shall be submitted to the District People's Government for approval, and shall be organized and implemented by the land administrative departments.
Forty-fourth land acquisition units or individuals put forward land acquisition compensation and resettlement implementation plan, coordinated by the District People's government. If the coordination fails, the unit or individual whose land has been expropriated may apply for approval of the people's government ruling on land expropriation. Disputes over compensation and resettlement for land acquisition and demolition do not affect the implementation of land acquisition.
Forty-fifth land acquisition units or individuals shall, in accordance with the provisions of the implementation plan for compensation and resettlement for land acquisition and demolition, receive compensation and resettlement fees for land acquisition and demolition in a timely manner, go through the settlement procedures for compensation and resettlement for land acquisition and demolition, and move and hand over the expropriated land in a timely manner.
If a unit or individual whose land has been expropriated fails to relocate or hand over the expropriated land within the time limit, the land administrative department may make a decision to relocate and deliver the land within a time limit in accordance with the relevant provisions.
Chapter VI Social Security and Employment Promotion
Forty-sixth landless rural residents registered as urban residents according to law, according to the relevant provisions into the basic old-age insurance system for urban enterprise employees. The basic old-age insurance for land-expropriated rural residents shall be implemented in accordance with the Notice on Printing and Distributing the Trial Measures for the Basic Old-age Insurance for Land-expropriated Rural Residents in Chongqing before 65438+February 2007 and the Trial Measures for the Basic Old-age Insurance for Land-expropriated Rural Residents after 65438+2008 10 (Yu Fu Fa [2008] No.26). If the land is expropriated after June 65438+1 October1in 2008, the savings endowment insurance method will no longer be implemented.
Forty-seventh establish a relief system for landless farmers' living difficulties. Families of landless peasants who have difficulties in living and meet the minimum living guarantee conditions for urban residents shall be handled by the civil affairs department in accordance with the relevant provisions of the minimum living guarantee for urban residents. Land compensation fees and resettlement subsidies directly used to pay the basic old-age insurance fees are not included in the calculation of family income items of landless farmers who enjoy the minimum living allowance for urban residents.
Article 48 Establish an unemployment registration system and employment service system for land-expropriated farmers, actively provide employment consultation, employment guidance, employment training, employment introduction and other services, develop employment posts through multiple channels, enhance the employment absorption capacity of communities, enterprises, institutions and land-using units, improve and optimize the employment environment, and promote the employment of land-expropriated farmers with employment aspirations within working age.
Forty-ninth landless farmers or children of landless farmers who study in various secondary vocational schools in this area can enjoy relevant learning aid according to the provisions of documentNo. [2006]18 issued by Chongqing Municipal Committee; Peasants whose land has been expropriated at working age can enjoy preferential policies for the reemployment of urban unemployed and medical insurance policies for urban flexible employees.
Article 50 The labor and social security department shall, jointly with the land management department, formulate specific measures to integrate the landless farmers who are over 16 years old, men under 50 years old and women under 40 years old into the urban employment system, provide free labor skills training for ordinary posts, and actively create conditions to recommend corresponding posts.
Encourage land units to give priority to the employment of landless farmers under the same conditions.
Chapter VII Supplementary Provisions
Fifty-first compensation and resettlement for expropriation of forest land and large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the relevant provisions of the state and Chongqing Municipality.
Article 52 These Measures shall come into force as of June 65438+ 10/day, 2008, and the original document No.55 [2005] of Yongchuan Municipal People's Government shall be abolished at the same time. Before the implementation of these measures, the compensation and resettlement for land acquisition and demolition shall be handled in accordance with the original provisions.
Fifty-third issues related to the implementation of these measures shall be interpreted by the district land administrative departments.