Renfufa [20 13]No. 133
Notice of the People's Government of Xingren County on printing and distributing the implementation measures for land acquisition, demolition and resettlement and "two violations" cleaning in Xingren County
All township people's governments, sub-district offices and county people's governments:
The measures for the implementation of land acquisition, demolition and resettlement and "two violations" cleaning in Xingren County are hereby printed and distributed to you, please implement them carefully.
20129 June 3
Measures for the implementation of land acquisition, demolition and resettlement and "two violations" cleaning in Xingren County
Chapter I General Provisions
Article 1 According to the Land Management Law of the People's Republic of China, the Property Law of People's Republic of China (PRC), the Urban and Rural Planning Law of People's Republic of China (PRC), the Regulations on Land Management of Guizhou Province (hereinafter referred to as the "three laws and one regulation") and the relevant policies and regulations of the State Forestry Administration and the Guizhou Provincial People's Government, combined with the actual situation of our county, these implementation measures are formulated.
Article 2 According to the needs of Xingren's economic and social development, the construction of cities, small towns and economic development zones (industrial parks), and in accordance with the "three laws and one regulation" and relevant policies and regulations, reasonable compensation and resettlement shall be made for land acquisition and demolition.
Article 3 Adhere to the principles of people-oriented, people's livelihood first, openness and transparency, legal evaluation, reasonable compensation and unified resettlement, be open, fair and just, safeguard the legitimate rights and interests of the expropriated person according to law, and ensure that the expropriated person can move out, live a stable life and develop.
Fourth towns (streets) and relevant departments in the land acquisition, housing demolition and resettlement responsibilities:
(1) Townships (streets) and villages (residential areas, communities) are responsible for the investigation and statistics of the expropriated land, houses and population, handling the verification, alteration and cancellation of the rural land contractual management right certificate and other related procedures, and handling all kinds of contradictions and disputes in the process of land acquisition and demolition.
(two) the county land bureau (Institute) is responsible for the publicity of laws and regulations in land acquisition, the measurement registration of land acquisition and the cash of compensation fees.
(three) the county housing construction bureau is responsible for the measurement registration and compensation calculation of house demolition.
(four) the county forestry bureau is responsible for the statistical calculation and compensation calculation of forest (fruit) trees on the expropriated land.
(five) the county finance bureau is responsible for the collection, distribution and management of land acquisition and demolition funds.
(six) the county audit bureau and supervision bureau are responsible for auditing and supervising the use of funds for land acquisition and demolition.
(seven) the county public security bureau is responsible for the formalities of voluntary application for rural hukou by landless farmers.
Chapter II Compensation for Land Requisition
Fifth land expropriation by the county people's government land management departments to organize the implementation of the relevant towns (streets) to cooperate.
Article 6 The nature of land expropriation is divided into: state-owned land and collective land.
Article 7 The state-owned land managed and used by the expropriation unit (department) shall be recovered by the county people's government according to law, and used as the land for project construction by allocation (public welfare project) or "bidding, auction and hanging".
Eighth expropriation of state-owned land or collective land that individuals have not obtained in accordance with the law in violation of the "three laws and one ordinance", according to the provisions of these measures, entrust a qualified assessment agency to assess according to law, and give a one-time monetary compensation or unified resettlement according to the prescribed standards.
Article 9 For the expropriation of collective land, the county land bureau shall, in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China and the Rural Land Contract Law of People's Republic of China (PRC), announce the land expropriation plan and compensation plan according to law, specify the time, scope and area of land expropriation, and organize the cadres of towns (streets) and local village (neighborhood) committees and representatives of villagers (residents) to conduct on-site inspections.
Article 10 Land expropriation is divided into seven categories: cultivated land, garden land, woodland, grassland, other agricultural land, construction land and unused land. If the land acquisition involves stone corners, it shall be deducted according to the actual occupied area of the stone, the deducted stone area shall be compensated according to the compensation standard of unused land, and the remaining land area shall be compensated according to the actual land type. (See attached table 1 for details)
Eleventh trees planted on the expropriated land shall be implemented in accordance with the provisions of the Notice of the State Forestry Administration on Further Improving the Initial Planting Density Standard of Artificial Afforestation in the Project of Returning Farmland to Forests. (See Appendix 2-5 for planting density and compensation standard)
Twelfth after the announcement of land acquisition, crops, buildings, structures, trees, flowers (seedlings), fish ponds will not be compensated.
Article 13 Farmers whose land is expropriated within the planning scope of urban planning area and Xingren Economic Development Zone (industrial park) will be given a monthly subsidy of 1 00 yuan (i.e. 1200 yuan every year) for every requisition of 1 mu of paddy fields. The basic living security fund is paid on a monthly basis, starting from the month after the transfer of land use rights and ending at the expiration of the second round of land contract (during this period, in case of adjustment and change of national land policies and laws and regulations, it shall be implemented according to the adjustment and change policy).
Article 14 All buildings, trees and crops on the expropriated land must be moved and dismantled by themselves within the prescribed time limit. Delays or unreasonable demands, unreasonable petitions or petitions, obstruction of land acquisition, obstruction of construction or abuse of land acquisition construction personnel shall be dealt with by judicial organs according to law.
Fifteenth in the process of land acquisition, does not meet the density standards stipulated by the State Forestry Administration, the responsible units to correct themselves, and recover the amount of compensation. Anyone who uses coercion, deception or other improper means to defraud the state compensation funds will be resolutely cracked down according to law. Anyone who voluntarily returns the overpaid compensation may be given a lighter punishment.
Article 16 In the process of land expropriation, any functionary of a state organ or institution who fails to implement the density standard stipulated by the State Forestry Administration, abuses his power, engages in malpractices for personal gain, falsely reports taking the initiative, accepts bribes, or partners in defrauding the state compensation funds of money and stolen goods shall be dealt with in accordance with laws and regulations.
Chapter III Housing Demolition and Resettlement
Seventeenth housing relocation and resettlement by the housing authorities of the people's government at the county level to organize the relevant towns (streets) to implement.
Eighteenth housing demolition and resettlement to implement monetary compensation, the overall building and community self-built three resettlement methods.
Nineteenth housing demolition compensation includes: the assessed value of the demolished house, relocation expenses and temporary resettlement expenses.
Twentieth the compensation of the demolished houses and the attachments on the ground shall be evaluated and confirmed by the qualified intermediary agencies entrusted by the towns (streets) according to the structural types of the demolished houses, and the actual compensation shall be paid after the announcement according to the procedures. (See Annex 6-7 for details)
Article 21 Relocation fee subsidy (including relocation and twice relocation), one-time subsidy 1-4 people twice relocation fee 1.600 yuan, two-time relocation fee of more than 5 people, one-time subsidy of 2,000 yuan, turnover and temporary excess subsidy calculated according to the actual resettlement area, one-time subsidy of 60 yuan /M2.
Twenty-second relocation of enterprises, all monetary compensation. If monetary compensation and resettlement are selected, monetary compensation will be given at one time according to the replacement price of the demolished house (house evaluation price+homestead evaluation price).
Twenty-third choose to co-ordinate housing placement, led by towns (streets), land, housing management departments to guide the relocation of representatives of the masses and development enterprises to reach an agreement, co-ordinate the development and construction of residential areas, replacement and resettlement housing.
Twenty-fourth residential self-built resettlement, must be guided by the overall planning of the county or town, by the township (street) unified planning, unified design, unified resettlement, to create a characteristic street, beautiful community.
(1) Before the implementation of the Regulations on Land Management in Guizhou Province (hereinafter referred to as the Regulations) on June12006, Xingren County was within the scope of the second round of planning revision (that is, from Luowei Village in the east, to Dingxing Highway [now Xingren Avenue] in the south, to Hong Jingtian in the west and to Martyrs Cemetery in the north), with a total area of 7.0/. Before June 5438+February 3, 20061,houses built in areas outside the scope of the second round of urban renewal and within the scope of the third round of urban renewal in Xingren County (referring to houses where villagers lived and lived for a long time in agricultural registered permanent residence) were examined by the departments of housing construction, land, discipline inspection and supervision, etc. , should be assessed by a qualified assessment agency according to law. Resettlement according to the principle of "demolishing one and returning another": that is, the resettlement area is the actual occupied area of the main house to be demolished (that is, the house for long-term living), and the actual occupied area of miscellaneous houses (kitchen, toilet, livestock (poultry) house, etc.) with eaves over 2.2M (including 2.2M) is included in the resettlement area; Miscellaneous houses with cornices below 2.2M are only evaluated and compensated, not considered as resettlement areas, and their land occupation is compensated according to land acquisition standards.
(2) The depth of residential self-built resettlement homestead is 15M, and the area width is determined according to the resettlement area (refer to this ratio for "one household and one house" in rural areas). The relocated house is state-owned land, and the land department shall handle the state-owned land use certificate for the resettlement homestead; The relocated house is collective land or collective land use certificate, and the land department shall handle the collective land use certificate for the resettlement homestead.
(3) If the assessed compensation and resettlement area is less than 1.20 square meters, you can apply for supplementary 1.20 square meters according to the rural "one household, one house" standard stipulated in the Regulations, but the supporting fees for infrastructure construction in supplementary resettlement areas shall be paid according to 300 yuan /M2. The "one household, one house" beautiful community outside the urban planning area shall be truthfully collected by the township (street) and village (neighborhood) according to the area of the homestead and the actual project cost and supporting facilities construction of the resettlement community.
(IV) Relocated households or land-expropriated households that meet the conditions of "one household, one house" in rural areas (referring to agricultural registered permanent residence, the residence of the village residents) will be charged with supporting fees for infrastructure construction of "three links and one leveling" in the resettlement area according to 500 yuan /M2.
(five) the relocation of poor households, compensation is not enough to solve the minimum living requirements, in accordance with the provisions of urban affordable housing.
Twenty-fifth applications for rural "one household, one house" must meet the following conditions:
(1) A member of a collective economic organization who has an agricultural permanent residence in the village (residential community) and enjoys the share of collective assets distribution (that is, the first round of rural land contractors or the heirs of the first round of rural land contracting rights transfer).
(two) meet the legal age for marriage and hold a legal marriage certificate, independent household.
(3) All the land operated by the land contractor has been requisitioned.
(four) within the county, the per capita living area of the family is less than 20M2.
Twenty-sixth any of the following circumstances, shall not apply for rural "one house".
(a) after the start of land acquisition, the account has moved out or moved in.
(two) married, the household registration has not moved out (except for the elderly women who are responsible for supporting the adoption of pure female household registration).
(three) apply for single housing in rural areas after divorce (pre-marital housing is distributed by both husband and wife as the same property).
(four) the original residence and the homestead obtained according to law are transferred or given to others.
(5) illegally transferring or giving away land managed by others.
Twenty-seventh in any of the following circumstances, the resettlement homestead will be unconditionally recovered:
(a) no buildings have been built within two years, and the land is idle.
(two) the housing construction has not been completed according to the planning requirements within five years.
(three) illegal transfer of resettlement homestead or the right to use the house built on the resettlement homestead.
Chapter IV Cleaning up Illegal Land Use and Illegal Buildings
Twenty-eighth according to the provisions of the "three laws and one regulation", the illegal use of land, illegal construction and illegal transfer of land to clean up.
Twenty-ninth illegal land use refers to the act of occupying land without legal and effective approval in violation of laws and regulations on land management. Illegal construction refers to the behavior of the actor who violates the relevant laws and regulations of urban and rural planning management without legal and effective approval (hereinafter referred to as "two violations").
Thirtieth "two violations" clean-up work, by the county land and resources bureau, the county Housing and Construction Bureau is responsible for, with the cooperation of towns (streets), in-depth village (neighborhood) community investigation, exposure of "two violations" on TV and newspapers, investigation and removal according to law.
Thirty-first in violation of the provisions of the three laws, one of the following circumstances, shall not go through the formalities for the right to use the homestead.
(a) illegal sale of land, transfer, gift, lease, change of land use and other ways to occupy land for construction;
(2) illegal speculation for the purpose of making profits;
(three) land use planning that affects cities, towns, Xingren Economic Development Zone (industrial park) and new rural construction;
(four) the sale or transfer of the original house;
(five) rural villagers have "one household, one house" or a homestead, and then apply for the right to use the second homestead;
(six) illegal occupation of basic farmland for housing;
(seven) the provisions of laws and regulations shall not be approved.
Thirty-second illegal buildings that violate the "three laws and one ordinance" and have one of the following circumstances must be demolished or restored to the original state of the land according to law.
(a) illegal sale of land, unauthorized building;
(two) in violation of the city, town, Xingren Economic Development Zone (Industrial Park), new rural construction planning;
(three) occupation or destruction of basic farmland;
(four) serious impact on urban and rural planning beyond remedy;
(five) seriously affect the fire, flood control, transportation, schools, health and other social security and urban landscape;
(six) the expiration of temporary land use, temporary land use procedures have not been handled or the renewal of temporary land use procedures have not been approved;
(seven) other violations of land management related laws and regulations occupy land.
Thirty-third "two violations" cleaning principle:
(1) All buildings built after February 1 1 2009 that violate the "two violations" shall be demolished according to law without any compensation and resettlement.
(two) the members of the village (neighborhood) collective economic organizations have been completed, and the land and housing construction departments have registered the problems left over from history. "Two-violation" buildings: 200 11October1to February 2009 1 1, which was built in the second round of urban renewal in Xingren County. Or from February 65438+ in 2006 to February 65438+ in 2009, it was built within the scope of the third round of urban transformation outside the scope of the second round of urban transformation in Xingren County. Owners of "two violations" buildings actively cooperate with the Ministry of Land and Housing to investigate and automatically dismantle their "two violations" buildings, and enjoy preferential subsidies for demolition. In line with the rural "one household, one house", in accordance with the provisions of rural "one household, one house", apply to the village (neighborhood) committee, township (street) and the land department for the approval procedures of rural "one household, one house", and the township (street) and village (neighborhood) committee will replace the homestead in the planned community to solve their living difficulties; Do not meet the rural "one household, one house", only to the demolition subsidy, not to arrange homestead. Neither actively cooperate with the investigation, nor automatically dismantle the "two violations" buildings, all of which will be forcibly demolished according to law, and the preferential policies such as demolition subsidies and replacement of homesteads will be cancelled.
(3) Historical buildings built by members of non-village (residential) collective economic organizations before February 2009 1 1 and registered in the land and housing construction departments: national cadres and workers and urban residents are removed according to law without any compensation and resettlement; Rural registered villagers in other areas actively cooperate with the investigation and automatically dismantle their "two violations" buildings, enjoy preferential policies for demolition subsidies (referring to the implementation of the demolition subsidy standards mentioned in the preceding paragraph), and meet the conditions for purchasing affordable housing, they can apply for preferential purchase of a set of affordable housing (those who are treated according to this paragraph will no longer enjoy the fourth paragraph of this article); Those who do not actively cooperate with the investigation and automatically dismantle their "two violations" buildings will be forcibly demolished according to law, and they will not enjoy the demolition subsidy and preferential policies for purchasing affordable housing.
(4) Households with "two violations" left over from history, after actively cooperating with the investigation, will automatically dismantle their buildings with "two violations" and will not be included in the treatment of "one household and one house" in rural areas, and the per capita living area of the household in Xingren County is less than 20m2, so they can apply for120m2 homestead in the unified planning community (cross 1500 yuan /M2).
Thirty-fourth land use permits, construction planning permits, village and market town construction planning permits, the County Commission for Discipline Inspection and Supervision Bureau is responsible for, the Bureau of Land and Resources, Housing and Construction Bureau to cooperate with the review of the legality of the source of documents.
Thirty-fifth certificates that have been handled in violation of regulations or approved by deception shall be withdrawn and declared invalid according to law. Legally approved, but the quantity does not match, most of the land will be recovered; If the fait accompli is difficult to recover, it shall be given a heavier punishment according to the assessed land price, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 36 Those who illegally resell land or illegally buy and sell land for building and selling for profit shall be confiscated by the land department according to law, and typical cases with huge amount shall be handed over to judicial organs for investigation and punishment according to law, severely cracked down and brought to justice.
Article 37 Any functionary of a state organ who violates the law in obtaining a certificate, abuses his power, engages in malpractices for personal gain, or asks for and accepts bribes and causes economic losses shall be liable for compensation, and shall be investigated for disciplinary responsibility. If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-eighth in the process of cleaning up the "two violations" and dismantling the "two violations" buildings, where the competent departments and towns (streets) fail to implement the disposal, the main leaders, leaders in charge and the persons directly responsible shall be held accountable.
Article 39 In the process of cleaning up the "two violations" and dismantling the "two violations" buildings according to law, anyone who makes trouble without reason, connects in series, spreads rumors to mislead people, incites trouble, gathers people to petition illegally, disturbs public order, hinders the execution of official duties, and violently resists law enforcement will be severely punished according to law; Suspected of a crime, transferred to judicial organs for handling according to law.
Chapter V Supplementary Provisions
Fortieth before the promulgation of these measures, the documents of the county government and the leading group for urban harmony on land acquisition, demolition and resettlement and "two violations", as well as all kinds of homestead resettlement agreements signed in violation of the provisions of the "three laws and one ordinance", shall be abolished.
Forty-first approach by the county land resources bureau and the county housing construction bureau is responsible for the interpretation of. Matters not covered in these Measures shall be implemented separately after approval by the county people's government.
Article 42 These Measures shall come into force as of July, 2065438 1 day.
Attachment: 1 Compensation standard for land requisition.
2. Forest compensation standard. (Ecological forest tree species)
3. Forest compensation standard. (Ecological and Economic Tree Species)
4. Forest compensation standard. (Economic forest tree species)
5. Forest compensation standard. (urban greening seedlings)
6. Compensation standards for buildings and structures on the ground.
7. Compensation standards for buildings and structures on the ground.
8, relocation, turnover, temporary excessive subsidy standards.