Detailed Rules for the Implementation of Compensation and Resettlement for Land Expropriation and Demolition in Jiangbei District of Chongqing

Chapter I General Provisions

Article 1? According to the Measures of Chongqing Municipality on Land Acquisition Compensation and Resettlement (Decree No.55 of the municipal government) and the Notice of the municipal government on Relevant Matters Concerning the Adjustment of Land Acquisition Compensation and Resettlement Policy (No.45 [2118] of Yu Fu Fa), combined with the actual situation of our district, these detailed rules are formulated.

article 2? Where the demolition, compensation and resettlement of collectively owned land within the administrative area are concerned, these detailed rules shall apply.

article 3? Expropriation of collectively owned land shall be organized and implemented by the district land administrative department and the district land requisition management office.

Labor and social security, civil affairs, public security, letters and visits, agriculture, finance, taxation, auditing, supervision, planning, construction and other relevant departments shall, according to their respective responsibilities, cooperate with the district land administrative department and the district land requisition management office to do a good job in land acquisition, demolition, compensation and resettlement.

the people's governments of towns and sub-district offices shall assist district land administrative departments and district land requisition management offices to complete land requisition, demolition, compensation and resettlement.

Chapter II Demolition

Article 4? The demolition of buildings within the scope of land acquisition shall be handled according to the following provisions:

(1) Buildings belonging to streets (towns) and rural collective economic organizations shall be demolished by themselves according to the time limit announced in the land acquisition, demolition, compensation and resettlement plan.

(2) Buildings belonging to individuals shall be demolished by themselves within 15 days from the date of demolition notice. Among them, the legal buildings with "Collective Land Construction Land Use Certificate" and "Rural Housing Ownership Certificate" (hereinafter referred to as "two certificates") are demolished within the specified time and passed the acceptance, and 31 yuan will be rewarded according to its legal area per square meter (except for simple shacks).

(3) If the owner of the house holding the "two certificates" applies for residual value acquisition, the acquisition standard shall be implemented according to Schedule 1, and the house after residual value acquisition shall be disposed of by the purchaser.

article 5? Land-expropriated urbanites who have completed the registration of personnel and housing within the time specified in the government-approved land acquisition, demolition, compensation and resettlement plan, and demolished their houses within the time specified in the demolition notice, will be rewarded at 4111 yuan per person, and will not be rewarded within the time limit.

article 6? Within the specified time, the relocated households will be given a one-time relocation allowance, with 3 or less people (including 3 people) per household in 511 yuan; More than 4 people (including 4 people) per household in 811 yuan. Transitional households are counted as 2 times.

article 7? Due to the needs of construction, the relocated households must move ahead of schedule and belong to the unified preferential purchase and resettlement, and the transition fee will be issued from the month of relocation. The transition fee is calculated according to the actual number of transition months, with 211 yuan per person per month in Class I areas and 161 yuan per person per month in Class II areas.

chapter 3? Make up? Compensation

article 8? Land expropriation should pay land compensation fees, resettlement subsidies and compensation fees for buildings, young crops and attachments on the ground according to law.

article 9? The land compensation fee is calculated according to the projected area of the expropriated land regardless of the land category. The land compensation fee for the first-class area is 16,111 yuan per mu, and the land compensation fee for the second-class area is 15,111 yuan per mu.

the land compensation fee is the compensation obtained by the rural collective economic organizations whose land has been expropriated. 81% of the total compensation for land expropriated shall be used as a whole for the landless peasants to participate in the basic old-age insurance for urban enterprise employees, and shall be allocated to the labor and social security department by the district land administrative department and the district land expropriation management office; The remaining 21% is paid to the rural collective economic organizations whose land has been expropriated, and used for developing the collective economy or arranging the production and life of the members of the collective economic organizations.

article 11? Buildings are compensated according to the legal area of "two certificates", and the compensation standard is implemented according to Schedule 1; Young crops are compensated according to the actual planting area at the time of land acquisition, and the compensation standard is implemented according to Schedule 2; The compensation standard for structures (attachments) within the scope of the right to use the homestead shall be implemented according to Schedule 3.

if rural residents' houses are used for other purposes, they will still be compensated according to their houses.

article 11? For the structures (attached objects) within the scope of land expropriation, the cooperative can choose one of comprehensive quota and factual measurement to compensate.

(I) Comprehensive quota method

The compensation area is calculated according to 1.6 times of the land survey demarcation area after deducting the land occupied by homesteads and other buildings, and the compensation is paid to the land-expropriated cooperative according to the standard of 15,111 yuan per mu. Under the organization and guidance of the street (town) and village committee, the land-expropriated cooperative will dispose of the comprehensive fixed compensation fee in combination with the actual situation of the cooperative.

(II) Method of factual measurement

The district land administrative department and the district land requisition management office, together with the street (town), village and community, form a joint working group to measure the structures (attachments) within the scope of land requisition and register them truthfully.

compensation standard for attachments planted in pieces: orchards, vineyards and dried fruit orchards are compensated at 6111 yuan per mu; Woody gardens, mulberry gardens and tea gardens are compensated at 4611 yuan per mu; Miscellaneous trees are compensated at 2311 yuan per mu; Herb garden is compensated at 1811 yuan per mu. Transplanted seedlings are compensated according to 51% of the above corresponding category standards. In the same plot, if two or more plants are intercropped, compensation shall be made according to one of the main varieties.

the woodland and attachments belonging to collective economic organizations are compensated at 5111 yuan per mu.

article 12? The following buildings (structures) on the ground will not be compensated:

(1) houses without "two certificates";

(2) rushing to build buildings (structures) after the government's approval for land acquisition is issued;

(3) buildings (structures) built on illegal land;

(4) buildings (structures) on temporary land that have exceeded the approved service life or have been used for more than two years although there is no specified service life.

article 13? The houses of the house owners who hold the "two certificates" but do not meet the housing placement conditions within the scope of land acquisition shall be compensated by 51% according to the similar standards stipulated in Schedule 1.

article 14? If the relocated houses occupy agricultural land, the relocated households will be compensated with an approved area of 16,111 yuan per mu. Rural residents who relocate their houses in different places will be given a one-time relocation subsidy of 2111 yuan each.

article 15? If the housing of the landless peasants is not within the scope of land acquisition, they will not be demolished, compensated or resettled. However, according to the homestead area determined in the Certificate for the Use of Collective Land for Construction, the rural collective economic organizations whose land has been expropriated shall be paid a one-time comprehensive compensation fee for the occupation of the homestead by the peasants. After the compensation, the rural residents enjoy the same treatment as the members of the local rural collective economic organizations in the use of public facilities and public welfare undertakings. When the homestead needs to be requisitioned for national construction, the compensation and resettlement of the house shall be handled in accordance with the relevant provisions at the time of land acquisition.

article 16? Personal cable TV and natural gas installation fees, broadband network opening fees and compensation standards for water meters and meters shall be implemented according to Schedule 4, and the telephone transfer shall be compensated by the invoice of the telecommunications department. The electric meter that belongs to the transformation of rural power grid is compensated to the cooperative. The water and electricity facilities of land-expropriated units (excluding rural households whose land is expropriated) shall be compensated according to the actual installation cost. The decoration of the demolished house will not be compensated.

article 17? The building compensation standard of enterprises with "two certificates" shall be implemented according to Schedule 5, and the structures shall be implemented according to Schedule 3. The buildings (structures) after compensation shall be disposed of by the district land administrative department and the district land requisition management office. The relocation loss expenses of the demolished enterprise (including equipment relocation loss, shutdown loss and relocation expenses) shall be calculated from 15% to 21% of the depreciated net value of the relocated equipment.

article 18? Compensation and resettlement for the construction of large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the relevant provisions of the state and Chongqing Municipality.

chapter four? Personnel placement

Article 19? The following personnel within the scope of land acquisition shall be resettled in accordance with the relevant regulations or by adjusting the contracted land:

(1) agricultural personnel;

(2) college students;

(3) conscripts in active service and non-commissioned officers under 11 years (including 11 years);

(4) reeducation-through-labor personnel.

article 21? The following personnel will not be resettled:

(1) those who have moved in without contracted land and cannot be married or supported;

(2) Retirees who have settled in their hometowns in rotation in rural areas.

article 21? Determination of land-expropriated peasants

If all the land of a collective economic organization is expropriated, all the members of the collective economic organization will be peasants. If the land of a collective economic organization is partially expropriated, the number of peasants to non-peasants shall be 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) and 1.5 times of the non-cultivated land area by the per capita cultivated land area of the expropriated collective economic organization. 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 number of rural collective economic organizations.

when the collective economic organization's land is partially expropriated, after the contracted farmland of the land-expropriated farmers is expropriated, if the remaining cultivated land area is less than 1.5 mu per household, the land-expropriated farmers can separately apply for increasing the number of rural residents in accordance with the above provisions, until the remaining cultivated land area of the household reaches more than 1.5 mu per household. Farmers whose land has been expropriated have not applied for conversion from rural to non-rural areas, and the rural collective economic organizations have the conditions, they should adjust their contracted farmland.

if the houses are expropriated and demolished within the urban (town) planning area, the demolished households can apply for all the peasants to turn to non-agriculture.

article 22? Resettlement of land-expropriated peasants

Land-expropriated peasants are registered as urban residents according to law and incorporated into the basic old-age insurance system for employees of urban enterprises, which shall be implemented in accordance with the provisions of the Notice of the municipal government on Printing and Distributing the Trial Measures of Basic Old-age Insurance for Peasants with Land Expropriation before February 31, 2117 and the Trial Measures of Basic Old-age Insurance for Peasants with Land Expropriation after October 1, 2118 in Chongqing (Yu Fu Fa [2118] No.26). If the land is requisitioned after October 1, 2118, the savings endowment insurance method will no longer be implemented.

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 28,111 yuan.

the payment of resettlement subsidies is determined according to the different age groups of the land-expropriated peasants. In the month when the land requisition compensation and resettlement plan is approved according to law, the resettlement subsidy will be paid in full to individuals who are under the age of 1.6; For the land-expropriated peasants who have reached the age of 16 and above, their individuals should pay 51% of the total cost of participating in the basic old-age insurance for employees of urban enterprises in accordance with the relevant regulations, and the district land administrative department and the district land expropriation management office will allocate them to the district labor and social security department from their resettlement subsidies to be used exclusively for the basic old-age insurance for the land-expropriated peasants, and the rest of the resettlement subsidies will be paid to individuals to arrange their production and life.

if 81% of the land compensation fee and the monk who pays the basic old-age insurance fee cannot meet the fund needs of the land-expropriated peasants to participate in the basic old-age insurance, the difference will be made up by the land-expropriated unit until the fund needs of the land-expropriated peasants to participate in the basic old-age insurance are met.

article 23? The land compensation fee and resettlement subsidy for the following peasants can be allocated to the civil affairs department in one lump sum by the district land administrative department and the district land requisition management office according to the prescribed standards, and the civil affairs department will resettle or pay monthly living expenses according to the regulations:

(1) orphans under the age of 18;

(2) widowed persons with men over 61 years old and women over 51 years old;

(3) Persons with disability certificates, incapacitated and without guardians;

(4) Persons who are proved to be mentally ill and have no guardians by people's hospitals at or above the county level.

article 24? District labor and social security departments, streets (towns) should establish and improve the unemployment registration system and employment service system, actively provide policy advice, employment guidance, employment training, employment introduction and other services, develop jobs through multiple channels, enhance employment absorption capacity, improve and optimize the employment environment, and promote the employment of landless peasants who have employment aspirations within the working age. Land-expropriated peasants of working age can enjoy the relevant preferential policies for the employment of registered unemployed people in cities and towns. Land-expropriated peasants or children of land-expropriated peasants attending all kinds of secondary vocational schools within their respective administrative areas can enjoy the study subsidy policy with reference to the relevant provisions of the Decision of the Municipal Party Committee on Accelerating the Industrial Development of the Reservoir Area and Focusing on Solving the Employment of Immigrants and Promoting the Prosperity and Stability of the Reservoir Area (No.18 [2116] of Chongqing Committee).

article 25? Each street (town) shall establish a multi-channel and multi-form relief system for the landless peasants. The families of landless peasants who have difficulties in living and meet the minimum living guarantee conditions for urban residents shall be handled by the district civil affairs department in accordance with the relevant provisions of the minimum living guarantee for urban residents.

article 26? From October 1, 2118, when examining and approving the land, the social security co-ordination fee (hereinafter referred to as the co-ordination fee) for the landless peasants will be levied. The overall planning fee is charged according to the land area, and the operating land (including the state-owned construction land in stock) and urban development land are charged according to the standard of 31,111 yuan per mu; The newly requisitioned industrial land is charged according to the standard of 1,111 yuan per mu.

the overall planning fee is included in the land cost, which is uniformly collected by the municipal finance department. As the municipal special income, it is included in the special account management, and is specially used for overall planning and adjusting the social security fee of the landless peasants. Specifically, it shall be implemented in accordance with the Emergency Notice of the Municipal Bureau of Land and Housing on Issues Related to the Collection of Social Security Co-ordination Fees for Land-expropriated Peasants (No.86 [2118] of Chongqing Land and Housing Administration) and the Notice of the Municipal Finance Bureau and the Municipal Bureau of Land and Housing on Issues Related to the Collection and Management of Social Security Co-ordination Fees for Land-expropriated Peasants (No.144 [2118] of Chongqing Finance Construction).

chapter 5? Housing placement

Article 27? Before the effective date of the government land acquisition announcement, the land-expropriated peasants who hold the "two certificates" of the demolished houses are the housing resettlement targets.

article 28? Under any of the following circumstances, it shall not be resettled:

(1) Rural residents whose houses have been demolished and have not turned from farming to farming;

(2) persons whose houses have not been demolished;

(3) Urban residents who have acquired housing property rights through buying, selling, inheriting and giving, unless there is no housing in cities and towns.

article 29? According to the requirements of the government's land requisition announcement, the registered permanent population (including urban residents) living within the land requisition scope shall register at the designated place with legal documents (household registration book, ID card, collective land construction land use certificate and rural house ownership certificate).

article 31? The housing resettlement object shall be resettled according to the standard of 31 square meters per capita.

article 31? Housing resettlement is carried out in two ways: unified construction, preferential purchase of houses or monetary resettlement. Each household can only choose one resettlement method in the form of written application.

article 32? The housing resettlement object is to choose the unified preferential house purchase or monetary resettlement housing, and it shall be handled by households according to the following provisions:

(1) The

31 square meters per capita part of the unified preferential house purchase shall be purchased according to the compensation price of brick wall (strip stone) prefabricated cover at the time of land acquisition.

determine the corresponding house type according to the specified area standard. Due to the limitation of apartment design, the part of each house exceeding the specified standard of 5 square meters shall be purchased at 51% of the housing construction and installation cost; More than 5 square meters and 11 square meters exceeding the prescribed standard.