Excuse me, has Ma 'anshan City Demolition Order No.43 been abolished?

Order No.43 of Maanshan Municipal Government:

The Measures for Land Expropriation, Compensation and Resettlement in Maanshan City have been discussed and passed at the 23rd executive meeting of the municipal government on February 6, 2118, and are hereby promulgated and shall come into force as of October 1, 2119.

Mayor Zhou Chunyu

December 29th, 2118

Measures for Compensation and Resettlement for Land Expropriation in Maanshan City

Chapter I General Provisions

Article 1 In order to strengthen the management of land expropriation and safeguard the legitimate rights and interests of all parties concerned, in accordance with the Law of the People's Republic of China on Land Administration, the Law of the People's Republic of China on Land Expropriation and the Property Law of the People's Republic of China and other relevant laws and regulations, combined with this Municipality,

article 2 these measures shall apply to the compensation and resettlement for expropriation of collectively-owned land and demolition of houses and attachments on collectively-owned land (hereinafter referred to as "expropriation and relocation") within the municipal area of this municipality. These Measures shall also apply to the compensation and resettlement of the remaining land after the land requisition and relocation. Where there are other provisions on the compensation and resettlement standards for the major infrastructure projects determined by the state and the province, such provisions shall prevail.

article 3 the municipal government shall lead the city's land requisition and relocation work in a unified way.

the municipal bureau of land and resources manages the compensation and resettlement work in a unified way, and its subordinate municipal land requisition and resettlement affairs management agency is responsible for the transactional work of compensation and resettlement management. The district governments are responsible for organizing the relevant departments of the government at the corresponding level, township governments and sub-district offices to implement the land requisition and relocation work within their respective jurisdictions, and the land requisition and relocation affairs institutions established by them are responsible for the specific affairs of compensation and resettlement within their respective jurisdictions. The Administrative Committee of Cihu Economic Development Zone is responsible for the requisition and relocation of collective land in Zhaoming Village and Yang Jiacun under its management. The relevant departments shall, in accordance with their respective responsibilities, coordinate the work related to land requisition and relocation.

article 4 rural collective economic organizations, rural villagers or other rights holders who have been relocated shall obey the needs of social and economic development for construction land, safeguard their legitimate rights and interests according to law, and actively assist in the relocation work.

article 5 a joint meeting system of compensation and resettlement guarantee for land requisition and relocation shall be established, led by the district government (the administrative Committee of cihu economic development zone), with the participation of relevant departments such as municipal land and resources, labor and social security, finance, public security, planning, real estate, agriculture, forestry, supervision, etc., to regularly study and solve relevant problems in land requisition and relocation work.

Chapter II Procedures for Land Acquisition

Article 6 Land acquisition shall go through the examination and approval procedures according to the following procedures:

(1) The unit applying for land acquisition shall prepare the application according to the requirements for land acquisition and submit it to the Municipal Bureau of Land and Resources. The Municipal Bureau of Land and Resources shall arrange for approval in accordance with the annual land use plan and agricultural land conversion plan determined by the municipal government.

(2) The Municipal Bureau of Land and Resources shall co-ordinate the formulation of agricultural land conversion plan, supplementary cultivated land plan and land requisition plan (the land supply plan shall be drawn up and submitted for approval for projects with separate site selection), which shall be submitted to the government with approval authority for examination and approval according to law after being approved by the municipal government. The expropriation of forest land shall first obtain the consent of the administrative department of forestry. Article

after the land acquisition plan is approved according to law, it shall be announced in the name of the municipal government in the village and group where the land is expropriated. Among them, the expropriation of all land of township collective economic organizations shall be announced at the location of the township government.

article 8 collective economic organizations, rural villagers or other rights holders whose land has been expropriated shall go through the registration formalities of compensation for land requisition and relocation at the designated place with the land ownership certificate or other valid certificates within the time limit specified in the land requisition announcement. Failing to go through the registration procedures for land acquisition compensation as scheduled, the survey results of land administrative departments shall prevail; Failing to go through the compensation registration procedures for the demolished houses and attachments as scheduled, the survey results of the relocation agencies shall prevail.

article 9 according to the approved land acquisition plan and the compensation and resettlement standards stipulated in these measures, the municipal bureau of land and resources will make overall plans for land acquisition compensation and resettlement plans and house demolition compensation and resettlement plans, and make an announcement at the place where the land is expropriated to listen to opinions. The compensation and resettlement scheme for land acquisition and the compensation and resettlement scheme for house demolition shall be organized and implemented by the district governments (Administrative Committee of Cihu Economic Development Zone) after being approved by the municipal government.

article 11 all expenses of land acquisition shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan. Before the compensation and resettlement fees for land acquisition are fully paid, the rural collective economic organizations, rural villagers or other rights holders who have been expropriated have the right to refuse to pay the land (except that the collective economic organizations, rural villagers or other rights holders refuse to receive compensation and resettlement fees without justifiable reasons); Rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated shall deliver the expropriated land within 31 days from the date of paying all the land expropriation fees. Disputes over land acquisition compensation and resettlement will not affect the implementation of land acquisition plan.

article 11 after the announcement of land requisition, relevant departments, units and individuals shall suspend the following matters within the scope of land requisition: (1) examining and approving homestead and other construction land;

(2) examining and approving the construction, renovation and expansion of houses;

(3) handling household registration or household registration, except for cases such as marriage, birth, soldier's discharge from the army, release from prison and termination of reeducation through labor;

(4) issuance of industrial and commercial business licenses;

(5) to approve the transfer of housing and land;

(6) Change of house and land use.

article 12 the coordination and adjudication of disputes over compensation for requisition and relocation, ordering the surrender of land and applying to the people's court for compulsory execution shall be handled in accordance with the provisions of laws and regulations.

chapter iii land expropriation compensation and personnel placement

article 13 land expropriation shall be compensated by means of comprehensive land price. The comprehensive land price of the expropriation area consists of two parts: land compensation fee and resettlement subsidy. Among them, the land compensation fee is 41% of the comprehensive land price of the requisitioned area, and the resettlement subsidy (including the basic old-age security fund for landless farmers) is 61% of the comprehensive land price of the requisitioned area.

article 14 the land compensation fee shall be paid and used according to the following provisions: if the expropriated land belongs to the village collective economic organization, a special financial account shall be set up, which shall be managed by towns and streets and used by all. Belonging to the villagers' group, 71% of the total land compensation fee shall be allocated to the resettlement personnel by the collective economic organizations according to the provisions of villagers' autonomy for the production and living expenses of the landless farmers. The remaining 31% will be included in the provident fund of the village collective economic organizations, which will be used to deal with the problems left over from previous land requisition and relocation, and its use and management will be supervised by the district government (Administrative Committee of Cihu Economic Development Zone).

article 15 the number of agricultural population to be resettled shall be determined according to the number of cultivated land requisitioned divided by the number of cultivated land per capita occupied by land requisitioned units before land requisition. The total population of the land-expropriated units is the permanent agricultural population who meets the resettlement conditions on the date of land expropriation announcement. The total amount of cultivated land before land acquisition by the land-expropriated unit shall be subject to the investigation results of the land and resources department. Cultivated land refers to vegetable fields, paddy fields, dry land and cash crops. Intensive fish ponds (including fry ponds) are calculated according to cultivated land.

Article 16 The following personnel of the land-expropriated unit belong to the personnel to be resettled:

(1) the permanent agricultural population and those born and legally married;

(2) Active duty conscripts who were originally resident in agricultural registered permanent residence;

(3) the former inmates of reeducation-through-labor camps who lived in agricultural registered permanent residence;

(4) people whose household registration moved into the landless villagers' group before August 1, 1995, who have contracted land and housing, and whose main labor force is engaged in agricultural production and undertakes agricultural obligations. If the contracted land does not reach the per capita level of the contracted land of the villagers' group, it shall be resettled according to the actual proportion; (five) the agricultural population of the country's policy immigrants who initially moved in;

(6) The "self-care food ration households" who have migrated from the urban areas of this city to small town accounts still have contracted land and housing personnel in their original places of residence;

(7) When land acquisition is transferred to households, it is a member of the collective economic organization (subject to the roster of transfer households), and people who have not been settled in previous land acquisitions should be provided.

The following personnel are not the ones who should be resettled:

(1) The people who have been resettled in previous land expropriation and the natural growth people who were married and born after land expropriation and transfer;

(2) Those who moved in after October 5, 1982 do not meet the requirements specified in Item 4 of the preceding paragraph shall not be resettled. But you can turn from agriculture to Africa in registered permanent residence;

(3) self-funded peasants and full-time college students who have moved out of their registered permanent residence.

article 17 the personnel to be resettled shall be put forward by the villagers' committee, and after being publicized by the landless villagers' group, they shall be audited by the township government and the subdistrict office, and confirmed by the district government (administrative committee of Cihu Economic Development Zone), and copied to the municipal land requisition and relocation affairs management institution for the record.

Article 18 When land is expropriated, after paying the following expenses, the rest of the resettlement subsidy will be uniformly paid by the district government into the special account of the basic old-age security fund for land-expropriated farmers in the city:

(1) A one-time support subsidy of RMB 1.2 million will be paid to people under the age of 1.6 (including those who live with their parents during policy migration);

(2) A one-time self-employment subsidy of RMB 5,111 yuan will be given to people over the age of 16 (inclusive);

(3) The self-funded peasants who have no fixed job or stable income, those who were under the age of 1.6 when the original land acquisition was removed from the group and transferred to the household, and the full-time college students who moved out of their household registration will be given a one-time living allowance of 8,111 yuan.

Article 19 The compensation and resettlement fees due to the following persons shall be allocated to the district civil affairs department in one lump sum, and the district civil affairs department shall resettle or pay the living expenses according to the regulations:

(1) orphans under the age of 16;

(2) orphans and elderly people aged 61 and 55;

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

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

Article 21 The agricultural population approved for resettlement shall be transferred from rural to non-rural areas in time by the public security department and incorporated into the basic old-age security system for land-expropriated farmers, the urban employment service system and the medical insurance system for urban residents. If the per capita income of family members is lower than the minimum living standard for urban residents, the minimum living guarantee system for urban residents shall be implemented.

article 21 if the approved occupation of agricultural land of state-owned farms causes losses to the original users, compensation fees for land, young crops and attachments and resettlement subsidies for agricultural population shall be paid according to the standard of expropriation of land collectively owned by farmers, and their personnel shall not be included in the basic old-age security system for landless farmers. Compensation for the occupation of forest land shall be implemented according to the Regulations of Anhui Province on the Protection and Management of Forest Land.

chapter iv compensation for young crops, attachments and housing

article 22 compensation for young crops and attachments shall be paid according to the facts in land acquisition, and the compensation for young crops and attachments shall be owned by the owners. If the temporary use of rural collective land is approved according to law, the land-using unit shall pay the rent, young crops and attachments compensation fees according to these measures.

article 23 the compensation for young crops shall be calculated by multiplying the output value of crops in one season by the actual planting area at the time of land acquisition, and no compensation shall be given if there are no young crops. Unauthorized occupation of cultivated land, change of cultivated land use, planting trees or digging ponds to raise fish, etc., the compensation fee for young crops shall be calculated according to the original use. Sporadic rare ornamental trees can be transplanted, and the transplant fee shall be paid; If it cannot be transplanted, appropriate compensation shall be given. Scattered trees are compensated according to the actual situation.

article 24 farmland water conservancy and electromechanical irrigation and drainage facilities that need to be rebuilt shall be rebuilt by the land-using unit; If the attachments such as electric power, broadcasting and communication facilities can be relocated, the relocation fee shall be paid. Attachments that do not need to be rebuilt and cannot be moved shall be combined into new factual compensation to the owner according to the replacement price. If it is necessary to move the grave, it shall be announced. The relocation expenses shall be implemented according to the standards verified by the municipal civil affairs department.

Article 25 The legal houses on the demolished homestead shall be compensated by combining them into new houses at the replacement price.

Article 26 When removing non-residential houses, the property owners with legal land use and construction procedures shall be compensated according to the following provisions. Among them, those who are taken as enterprises should hold industrial and commercial business licenses:

(1) For the removal of non-residential houses, the compensation for removal shall be calculated according to the housing compensation standard and various structural floors. Demolition of non-residential housing in the attached room, the house does not increase the price;

(2) If the equipment and facilities in the demolished factories, stations and warehouses are destructively demolished, compensation shall be given based on the appraised price;

(3) The cost of stopping production and business of the demolition enterprise shall be calculated and compensated for 3 months according to the after-tax profit of 3 months before the date of announcement. If the equipment needs to be relocated, the relocation and installation cost shall be compensated by 5% of the total value of the equipment of the demolition enterprise;

(4) The demolition of public service houses such as schools, hospitals, nursing homes and village committees (communities) shall be rebuilt or replaced according to the requirements of urban planning. If it is not necessary to rebuild or replace, it shall be implemented according to the compensation standard for demolition of non-residential houses. If the house is rented by the demolished, the demolition implementation unit will only compensate the demolished, and the relevant lessee compensation fee will be paid by the demolished.

Article 27 Where individual industrial and commercial households demolish their own business premises and stores, the demolished person shall provide land use certificate, house property certificate and industrial and commercial business license. If the land use specified in the land use certificate is homestead, it shall be calculated as 1.1 times of the housing compensation standard, and no other compensation such as the loss of business suspension and relocation shall be paid. If the land use right certificate is stated for other purposes, compensation shall be made according to the provisions of Article 26.

Article 28 The following young crops, attachments and houses shall not be compensated:

(1) Attachments and houses that have not obtained land use approval or planning permission according to law or are illegally built outside the approved and licensed area; (two) flowers and trees planted after the announcement of land expropriation;

(3) attachments on temporary land beyond the approved use period;

(4) natural wild miscellaneous clumps.

article 29. for the expropriation of suburban professional vegetable fields, the new vegetable field development and construction fund shall be paid in accordance with the relevant provisions of the state, and the standard is 5111 yuan/mu. The new vegetable field development and construction fund shall be earmarked by each district according to the provisions.

Chapter V Housing Demolition and Resettlement

Article 31 The demolished houses shall be given housing resettlement. Those who meet the following conditions belong to the object of housing resettlement:

(1) the owner of the demolished house who has gone through the land use approval, planning permission or holding the building permit and property right certificate according to law before the land acquisition announcement;

(2) Persons who meet the requirements of Article 16 and those who moved in after 1982 and have legal housing; The original permanent residence in agricultural registered permanent residence, then turned into a non-agricultural household registration, still living in the original residential house and having legal property rights registration procedures, should be placed in housing; However, it has enjoyed urban housing benefits (including welfare housing distribution, housing subsidies, and units raising funds to build houses).

article 31 does not belong to the object of housing resettlement under any of the following circumstances:

(1) the house has not been demolished;

(2) Temporary residents or those who are permanent residents but live in rented houses;

(3) obtaining the ownership or actual use right or income right of the house through inheritance, gift, sale, etc., but not being a member of the collective economic organization in the demolition area;

(4) Housing resettlement or monetary resettlement has been given in previous land requisition and relocation;

(5) moved in after October 5, 1982, without legal housing.

article 32 the housing demolition and resettlement shall be carried out in the form of monetization plus purchase of resettlement houses or property rights exchange and resettlement, and the demolished person may choose one of the above two ways.

(a) monetization of housing demolition and purchase of resettlement houses. Demolition of legal housing area according to the replacement price to pay compensation to the demolition. For those who should be placed in housing, the housing resettlement fee is 31,111 yuan per person, and the only child and the widowed person are added with 5,111 yuan. With the purchase of resettlement housing area of 21 square meters for each person who meets the demolition and resettlement, plus 11 square meters for the only child and widowed person. If the total cost of compensation and resettlement for housing demolition of poor households is not enough to purchase resettlement houses within the resettlement standards, the difference shall be paid in full by the land unit. (two) housing demolition property rights exchange resettlement. Each person who should be placed in housing should exchange property rights of equal area according to 31 square meters, and each other does not pay the difference. For the demolition of the original legal housing area (excluding