Chapter I General Principles
Article 1 In order to strengthen the management of compensation and resettlement for land acquisition, ensure the smooth progress of construction and protect the legitimate rights and interests of the parties, according to the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Regulations on Land Administration of Jiangsu Province and the Notice of the Provincial Government on Adjusting the Compensation Standard for Land Acquisition (Su 2003[2003] 136543).
Article 2 These Measures shall apply to the compensation and resettlement for land requisition and demolition within their respective administrative areas.
These Measures shall apply to the demolition of houses originally built on collective land on the remaining state-owned land, and the houses rebuilt or rebuilt on the original homestead according to law after the demolition, regardless of whether the demolished person receives the state-owned land use certificate and the house property right certificate.
Where there are other provisions on compensation and resettlement for land acquisition and demolition of major infrastructure projects such as railways, highways and water conservancy determined by the state and the province, those provisions shall prevail.
Article 3 The term "compensation and resettlement for land acquisition and demolition" as mentioned in these Measures refers to the act that the state turns the land collectively owned by farmers into state-owned land in accordance with the procedures and approval authority prescribed by law for the public interest and the needs of implementing the plan, and gives reasonable compensation and resettlement to the owners, users and other rights holders of land acquisition and demolition according to law.
Article 4 Pukou District Bureau of Land and Resources shall be responsible for the unified management of compensation for land acquisition and demolition within its jurisdiction. The land acquisition and demolition affairs institutions affiliated to the municipal and district land administrative departments shall specifically implement the compensation for land acquisition and demolition.
District labor and social security, construction (planning), planning, price, finance, supervision, public security, justice, civil affairs, rural economy and other departments and sub-district offices (Town People's Government) shall do relevant work according to their respective responsibilities.
The district land administrative department shall, jointly with the subdistrict office (town people's government), establish an account of the changes in the number of agricultural personnel and land and cultivated land in each village group, and do a good job in the statistical work of the changes in the number of agricultural personnel and land and cultivated land in each village group.
Article 5 In case of land acquisition and demolition due to construction, the construction unit shall pay land compensation fees, young crops and attachments compensation fees, agricultural personnel resettlement subsidies, housing demolition compensation fees and other expenses in accordance with the regulations; Compensation for land acquisition and demolition must be paid in full and on time without delay; The compensation fees for land acquisition and demolition mastered and used by rural collective economic organizations shall be made public financially, earmarked for special purposes, and shall not be used for other purposes, and the income and expenditure shall be announced to the collective members.
The standard of resettlement subsidies and living allowances for agricultural personnel mentioned in the preceding paragraph shall be determined in two levels according to the administrative scope:
(1) The first level is the administrative areas of Taishan Street, Dingshan Street, Jiang Yan Street and Pancheng Town.
(2) The second level is the administrative regions of Zhujiang Town, Qiao Lin Town, tangquan town, Xingdian Town, stonebridge, yongningzhen and wujiang town.
Article 6 The government shall establish a basic living security system for agricultural personnel whose land has been expropriated, and the specific measures shall be formulated separately.
Chapter II Compensation Management for Land Requisition and Demolition
Article 7 The District Bureau of Land and Resources shall, within 10 working days after receiving the approval document of the land acquisition plan, make an announcement in the name of the government in the street (town) or village where the land is expropriated.
The owners, users and other rights holders of the expropriated land shall, within the time limit stipulated in the announcement, handle the registration of land acquisition compensation and resettlement with relevant certification materials to the departments or units designated by the announcement.
If the owner, user right and other right holders of the expropriated land fail to register for land acquisition compensation and resettlement as scheduled, the compensation shall be subject to the investigation results of the district land administrative department.
District land administrative departments shall, according to the land requisition compensation and resettlement policy, the approved land requisition plan and the land requisition compensation and resettlement registration, draw up the land requisition compensation and resettlement plan, and make an announcement in the street (town) and village where the expropriated land is located for a period of not less than 7 days.
Eighth in accordance with the land acquisition plan and land acquisition compensation and resettlement plan for compensation and resettlement disputes, by the District People's government to coordinate and solve; If the coordination fails, it shall be decided by the Municipal People's Government.
Disputes over compensation and resettlement standards shall be settled by the District People's Government through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land.
The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan. The owners, users and other rights holders of land acquisition and demolition must obey the needs of construction and relocate the land within the prescribed time limit, and shall not obstruct it.
Ninth land acquisition compensation and resettlement fees shall be paid in full within three months from the date of the announcement of the land acquisition compensation and resettlement plan.
Before the land acquisition compensation and resettlement fees are paid in full, the expropriated rural collective economic organizations and their members have the right to refuse to pay the land payment (except that the collective economic organizations or their members refuse to receive it without justifiable reasons); After the land requisition compensation and resettlement fees are paid in full, the rural collective economic organizations and their members whose land has been expropriated shall not delay the delivery of the land.
Article 10 Where land is requisitioned for construction, the district land management department, the municipal and district land acquisition and demolition agencies and the construction unit shall sign an agreement on land acquisition compensation and demolition.
Eleventh before the implementation of the demolition of land-expropriated houses, the demolition shall report the demolition plan of land-expropriated houses to the District Bureau of Land and Resources for examination and approval, and must make an announcement in the street (town) and village where the houses to be demolished are located. The announcement period is not less than 7 days, and the demolition shall be carried out in accordance with the approved plan.
Twelfth people should be taken before the implementation of the demolition and demolition in accordance with the provisions of these measures on compensation, demolition and other matters signed a written agreement. The contents of the agreement shall specify the form and amount of compensation. If negotiation fails, it shall be decided by the District People's Government upon the application of the parties concerned. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the ruling, it may bring a lawsuit to the people's court according to law.
After the ruling is made, the demolisher carries out the demolition according to the ruling, but the demolished still refuses to move, and the demolisher may apply to the people's court for compulsory execution according to law.
Thirteenth land acquisition housing demolition staff must receive professional training, after passing the examination, issued a "Nanjing land acquisition housing demolition certificate", the holder can be engaged in land acquisition housing demolition work.
Chapter III Compensation for Land, Young Crops and Attachments
Fourteenth land compensation fees shall be calculated according to the comprehensive standards of land compensation fees.
Fifteenth land compensation fees shall be paid and used according to the following provisions:
(a) 70% of the total land compensation fee is included in the basic living security fund for landless agricultural personnel.
(2) 30% of the total land compensation fee shall be paid to the rural collective economic organizations with land ownership, which shall be included in the provident fund management, and must be used for the development of production and public welfare undertakings of rural collective economic organizations, and shall not be used for other purposes.
Article 16 If the approved occupation of agricultural land of state-owned farms, forest farms and fruit pastures causes losses to the original users, the construction unit shall pay compensation fees for land, young crops and attachments and resettlement subsidies for agricultural personnel according to the standard of expropriation of land collectively owned by farmers, and its personnel shall not be included in the basic living guarantee scope of agricultural personnel whose land has been expropriated.
Seventeenth young crops and attachments compensation fees shall be owned by the owners of young crops and attachments.
Young crops compensation fee is calculated according to the output value of crops in one season. Perennial economic trees shall be compensated by the construction unit. Trees and rare ornamental trees (seedlings) can be transplanted, and the construction unit pays the transplant fee; Can not be transplanted, the construction unit to give compensation or purchase price.
After the announcement of land requisition, the young crops and trees planted by surprise will not be compensated.
Eighteenth farmland water conservancy and electromechanical irrigation and drainage facilities, electricity, broadcasting, communication facilities and other attachments, can be moved, the construction unit to pay the transfer fee; Can not move, by the construction unit according to the replacement price into a new compensation.
If it is necessary to move the grave, it shall be announced. The announcement fee and relocation fee shall be paid by the construction unit.
Nineteenth approved temporary use of land collectively owned by farmers, land users should sign a contract for temporary use of land with rural collective economic organizations according to the ownership of land, and pay compensation for temporary use of land according to the contract.
Users of temporary land shall use the land according to the purposes agreed in the temporary land use contract, and shall not build permanent buildings. Temporary land use expires, and the temporary land users are responsible for restoring the original land use status; If the losses are irreparable, it shall bear the corresponding economic compensation liability; For the temporary use of cultivated land, if the user cannot reclaim it by himself, he may sign an entrusted reclamation agreement with the rural collective economic organization and pay the relevant expenses.
Temporary land use period is generally not more than two years.
Article 20 The construction unit shall pay the compensation fee and reclamation fee for the land used for borrowing soil and piling, and sign an agreement with the rural collective economic organization. After the completion of the construction, the rural collective economic organizations will carry out reclamation.
If the depth of the land used for borrowing soil exceeds three meters, the requisition formalities shall be handled.
If part of the fish pond area needs to be used for construction, relevant compensation fees must be paid to the whole fish pond.
Chapter IV Subsidies for Resettlement of Land-expropriated Agricultural Personnel
Twenty-first construction units shall pay resettlement subsidies to agricultural personnel whose land has been requisitioned for the resettlement subsidies for redundant agricultural personnel caused by land requisitioned for construction.
Twenty-second to the provincial land acquisition written examination and approval time as a benchmark, agricultural land acquisition personnel are divided into the following four age groups:
The first age group is under 65-438+06 years old;
(2) The second age group is women aged 65,438+06 but under 45, and men aged 65,438+06 but under 50;
(3) The third age group is women over 45 and under 55, and men over 50 and under 60;
(four) the fourth age group (pension age) is 55 years old for women and 60 years old for men.
Article 23 The second, third and fourth age groups of agricultural personnel whose land has been expropriated, under any of the following circumstances, shall enjoy the resettlement subsidy and 70% of the land compensation fee, which shall be included in the basic living guarantee scope of the personnel, pay the fees according to the relevant provisions of the basic living guarantee, and enjoy the corresponding guarantee treatment:
(a) the permanent population who has lived or moved into the collective whose land has been expropriated for ten years, and enjoys the right to land contracting and assumes agricultural obligations according to law;
(two) people who have lived in the collective of the expropriated land, but should enjoy the right to contracted management of the land according to law, and do not undertake agricultural obligations in the collective land without contracting;
(three) if one of the spouses meets one of the conditions stipulated in this article and moves into the collective to engage in agricultural production, it is in line with the Marriage Law;
(four) due to participation in the construction of small towns, although the household registration has moved out of the collective, it still owns contracted land in the collective and undertakes agricultural obligations;
(five) college students and active servicemen who meet one of the conditions stipulated in this article before enlisting;
(six) prisoners, reeducation through labor and released prisoners who meet one of the conditions stipulated in this article before serving their sentences or reeducation through labor;
The time for moving into the collective as mentioned in this article shall be from the date when the household registration is moved to the date when the land requisition is approved in writing at the provincial level.
Twenty-fourth agricultural personnel whose land has been requisitioned shall be given resettlement subsidies (excluding those in the first age group), and the villagers' groups shall be used as the unit, and shall be calculated according to the following formula:
Total number of resettlement subsidies = number of land requisitioners in this group ÷ number of land requisitioners per capita before land requisition in this group.
Per capita land before expropriation = total land before expropriation ÷ total population of the second, third and fourth age groups before expropriation.
Two, three, four age groups should be the number of resettlement subsidies = the number of people of all ages accounted for the proportion of the total number of people in two, three, four age groups × the total number of resettlement subsidies in this age group.
The land area involved in the calculation formula in the preceding paragraph shall be subject to the investigation results of the land administrative departments of the city and district; The number of personnel involved shall be subject to the number of personnel specified in Article 23 of these Measures, excluding the number of personnel specified in Articles 25 and 26 of these Measures; The age involved shall be subject to the age stipulated in Article 22 of these Measures.
70% of the land compensation fee shall be equally distributed according to the total amount of resettlement subsidies calculated in the preceding paragraph.
Individual distribution of resettlement subsidies and land compensation fees regardless of age, the sum of the two costs can not meet the minimum basic living security standard, the construction unit to make up to the minimum standard.
Twenty-fifth agricultural personnel whose land has been requisitioned shall not enjoy the resettlement subsidy and 70% of the land compensation fee, and shall not be included in the basic living security scope of the personnel, but only be given a one-time living allowance:
(a) due to land expropriation, the establishment of the villagers' group is revoked according to law, and the parents in the group are minors under the age of 16 who are the personnel specified in Article 23 of these Measures;
(two) since the date of written approval, the household registration has been moved into the land-expropriated collective in the province for less than ten years, but has obtained contracted land in the collective according to law and assumed agricultural obligations.
The term "persons who have legally acquired contracted land and assumed agricultural obligations within the collective scope" as mentioned in these Measures does not include the land management right holders who have obtained contracted land from others through subcontracting or subletting.
Twenty-sixth persons who belong to one of the following circumstances are not listed as agricultural personnel whose land has been requisitioned, and no resettlement subsidies and living allowances are issued:
(1) The household registration has been moved into the collective from other places for less than ten years, or it has been ten years, but there is no contracted land in the collective and it does not undertake agricultural obligations;
(two) approved by the relevant departments, retired to their hometowns (including their children) and received retirement wages;
(three) personnel who have been resettled and maintained in previous land expropriation before the promulgation of these measures.
Article 27 The specific list of agricultural personnel whose land has been expropriated shall be compiled by the villagers' committee in accordance with the number stipulated in these Measures, discussed and adopted by more than half of the members of the rural collective economic organizations whose land has been expropriated, audited by the subdistrict office (town people's government) and reported to the district people's government for determination. After confirmation, the villagers' committee will publicize it in the landless villagers' group for 5 days.
According to the provisions of the preceding paragraph, when determining the agricultural personnel whose land is expropriated, the principle of giving priority to land contractors and people whose houses are demolished shall be followed; The proportion of population in the two, three and four age groups should be the same as that in the above age groups before land acquisition.
For linear projects such as municipal roads at or above the municipal level, if the contracted land is not collected, the living allowance can be paid (excluding one-year-old people), but it is not included in the resettlement allowance for this land acquisition, and the resettlement allowance will be paid when the contracted land is collected.
Article 28 After land acquisition, agricultural personnel actually own villagers' groups with less than 0. 1 mu of cultivated land. After being approved by legal procedures, the system of setting up villagers' groups shall be abolished; After land acquisition and demolition, the remaining land shall be nationalized according to law, and in principle, it shall be incorporated into the land reserve, managed in a unified way, and reasonably arranged for use by the municipal and district people's governments.
Twenty-ninth landless agricultural personnel employment training, should be included in the city's laid-off and re employment personnel training system; Agricultural personnel whose land was expropriated before the promulgation of these Measures, including those who have been resettled and maintained their lives, shall be included in the urban minimum living security system if they meet the requirements of urban minimum living security.
Chapter V Compensation for House Demolition
Thirtieth construction land expropriation, the need to dismantle farmers' houses, the demolition should be in accordance with the provisions of these measures to compensate the demolition.
Demolition compensation methods are divided into monetary compensation and self-demolition and self-construction.
Land is located in Taishan Street, Dingshan Street, Jiang Yan Street and Pancheng Town (excluding the original Yongfeng Township), and monetary demolition is implemented.
Land in Pancheng Town (formerly Yongfeng Township), Zhujiang Town, Qiao Lin Town, Xingdian Town, tangquan town, Shiqiao, yongningzhen and wujiang town must be demolished with money; If you don't quit the group but have the conditions to implement monetary demolition, you can implement monetary demolition; If there is no condition for monetary demolition without demolition, it can be demolished and built by farmers on the premise of conforming to urban planning.
Temporary use of land involving the demolition of farmers' houses shall be carried out in accordance with the provisions of these measures.
Thirty-first homestead collective land use certificate (including the recovery of the remaining state-owned land use certificate) and housing property certificate (building permit) holders, compensation in accordance with these measures.
The compensation for demolition is based on the building area.
If the house property certificate (building permit) is inconsistent with the land use certificate, the house area shall be confirmed based on the house property certificate (building permit).
For houses with only land use certificate, no building permit or only building permit without land use certificate, when calculating the compensation for house purchase and location, it is determined that the area of each homestead shall not exceed 1.70 square meters at most, and the building plot ratio shall not exceed 1.25.
There is no land use certificate and house property right certificate (building permit), which is regarded as illegal construction and will not be compensated.
The buildings (structures) robbed after the announcement of land requisition will not be compensated.
Thirty-second residential housing monetary demolition, demolition compensation by the original housing compensation, housing compensation and location compensation of three parts. Demolition of residential houses attached to houses, houses only pay compensation for the original houses.
Article 33 After the monetary demolition compensation agreement is signed, the demolisher shall notify the relevant bank to issue the Certificate of Special Deposit for Demolition Compensation of Land-expropriated Houses in Pukou District of Nanjing to the demolished person according to the agreement.
If the demolished need to use the demolition compensation to pay the house purchase price, they should submit the demolition compensation agreement, the registered or filed house purchase contract and the special deposit certificate for the demolition compensation of the land-expropriated house in Pukou District of Nanjing to the relevant bank with their identity documents, and the bank will pay the seller.
The compensation for the demolition of houses purchased by the demolished may be exempted from deed tax.
If the demolished person does not need to buy a house, the demolished person shall apply to the demolished person and provide the relevant notarial certificate issued by the notary office, and the demolished person agrees to withdraw cash.
Thirty-fourth residential housing monetary demolition, in line with the relevant conditions, the demolition can buy affordable housing (monetary compensation base consists of the original housing compensation, housing compensation, location compensation three parts) or low-cost commercial housing, the specific provisions shall be formulated separately.
If the demolished person has only one set of housing and the amount of monetary compensation obtained is lower than the total price of the minimum family affordable housing in this district in that year, the demolished person shall compensate the demolished person according to the total price of the minimum family affordable housing.
Thirty-fifth residential housing demolition and self-construction, the demolition compensation fee consists of two parts: the original housing compensation fee and the housing subsidy. On this basis, the construction unit will increase 25% of the total compensation for demolition as the supporting fee for public facilities, which will be used once by the sub-district office (town people's government) and earmarked for supporting the construction of public facilities.
If farmers build their own new homestead and use agricultural land, the construction unit shall also pay the relevant expenses such as handling the procedures for the conversion of agricultural land.
The area of farmers' demolition and construction of homesteads shall not exceed 135 square meters per household, which shall be uniformly planned and arranged by the sub-district office (town people's government), and the procedures for land use of homesteads shall be submitted for approval according to the prescribed procedures.
Thirty-sixth demolition of non residential houses, the land and construction procedures are legal, with the industrial and commercial business license of the property owner, according to the following provisions to give monetary compensation:
(a) the demolition of non-residential housing, demolition compensation consists of two parts: the original housing compensation and location compensation; Demolition of non-residential houses attached to houses, houses only pay compensation for the original houses;
(two) the demolition of non-residential houses caused by the closure, which belongs to the business premises, the demolition should be given monetary compensation not exceeding 8% of the demolition amount; Belong to the non-business premises, giving no more than 5% compensation;
(three) the demolition of non-business premises in the production of housing, the demolition, installation and relocation costs of its equipment, by the demolition of compensation in accordance with the amount of monetary compensation does not exceed 8%; Removal of other non-operating housing facilities handling costs, by the demolition of compensation in accordance with the amount of monetary compensation is not more than 4%; Demolition of business premises, the relocation costs of its facilities, the demolition of people in accordance with the amount of monetary compensation is not more than 2% compensation.
If the property owner rents the house, the demolisher shall only compensate the lessee for suspension of business, equipment removal, installation and relocation according to the standards specified in the preceding paragraph.
Demolition of schools, hospitals and nursing homes with regional functions is calculated at 1.5 times of the compensation standard for non-residential housing demolition, and the construction unit will no longer undertake the reconstruction responsibility.
Thirty-seventh demolition of individual industrial and commercial households own business premises and shops, the demolition must provide the demolition of housing land use permits, housing property permits (building permits), business licenses. , according to the following provisions of compensation:
(1) Monetary demolition. If the land use stated in the land use certificate is homestead, the compensation for demolition shall be paid according to the monetary demolition standard of residential houses. However, the compensation for the original houses shall be calculated at 1.2 times, and no other compensation such as operating losses shall be paid separately; For other purposes specified in its land use certificate, it shall be removed according to non-residential houses.
(2) For self-demolition and self-construction, the compensation for demolition shall be paid according to the standard of self-demolition and self-construction of residential houses, but the compensation for the original houses shall be calculated at 1.2 times, and no other compensation such as business suspension loss shall be paid.
Thirty-eighth demolition of monetary resettlement or self-built houses, the demolition should pay the relocation fee, transition fee, the original house telephone, air conditioning, cable television and other equipment relocation compensation, power capacity materials. The demolition of the original house decoration, the demolition should pay the decoration compensation fee; If the demolished person moves ahead of schedule, the demolished person shall be given an incentive fee.
On-the-job employees who have been relocated due to house demolition shall be certified by the demolisher, and the unit shall give them two days' general holidays.
Chapter VI Legal Liability
Article 39 Where a land acquisition and demolition unit or relevant department falsely reports relevant data, practices fraud, impersonates a person, impersonates the compensation fee for land acquisition and demolition or intercepts the compensation fee for land acquisition and demolition, the land administrative department of the people's government at or above the municipal level with districts shall order it to make corrections, and the administrative responsibility of the person in charge and other directly responsible personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth corruption, misappropriation of compensation for land acquisition and demolition, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 41 State functionaries who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the implementation of compensation for land acquisition and demolition shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-second construction land units and individuals without compensation for land acquisition and demolition, the land administrative departments shall order them to make corrections, and give administrative sanctions to the parties according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-third obstruction and destruction of land acquisition and demolition work, prevent land acquisition management personnel from performing official duties according to law, the public security organs shall be punished in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Forty-fourth standards involve land compensation fees, young crops and attachments compensation fees, resettlement subsidies for landless agricultural personnel, living subsidies, housing demolition compensation fees, etc. These Measures shall be formulated by the District Price Bureau in conjunction with the District Bureau of Land and Resources, and shall be announced after being audited by the Municipal Price Bureau and the Municipal Bureau of Land and Resources, and adjusted in a timely manner.
Article 45 Terms involved in these Measures shall be interpreted in accordance with the following provisions:
Owners, users and other rights holders refer to the land owners, housing owners, young crops and attachments owners who have been demolished by land acquisition, collective non-agricultural construction land use rights holders, rural land contractual management rights holders, land management rights after the transfer of land contractual management rights, etc.
Demolition refers to the land acquisition and demolition affairs institutions owned by the municipal and district land administrative departments.
The person being demolished refers to the owner of the house being demolished.
House demolition, including residential house demolition and non-residential house demolition.
Residential houses include residential houses and their affiliated houses and houses.
Non-residential houses include business houses, non-business houses and their affiliated houses and houses.
Business premises refer to places where customers receive services and directly use them for business activities, including financial, entertainment, catering, service and other places.
Non-business premises refer to other types of premises except business premises, including factories, docks, warehouses, offices, schools, hospitals, welfare homes and public facilities.
Forty-sixth before the implementation of these measures, the relevant compensation and resettlement matters have been handled in accordance with the following provisions:
(a) has signed an agreement on land acquisition compensation and resettlement, in accordance with the original agreement;
(2) The original long-term contract workers who have been arranged in enterprises and institutions, after reaching the age of support, their living expenses base can not be lower than the minimum living guarantee level for urban residents, and the medical support expenses shall be implemented according to the provisions of the unit where they work, and the increased expenses shall be borne by the unit where they work;
(three) has signed a housing compensation agreement, according to the original agreement; Has received the demolition permit, has not yet completed the demolition, demolition is still carried out according to the original policy standards.
Article 47 These Measures shall come into force as of the date of promulgation. On February 25th, 2003, Pukou District People's Government promulgated the Measures for Compensation and Resettlement for Land Requisition in Pukou District (formerly Jiangpu County) (Pu Zhengfa [2003] No.28) and the Supplementary Provisions on the Measures for Compensation and Resettlement for Land Requisition in Pukou District (formerly Jiangpu County) (Pu Zhengfa [2003] No.29), and on June 5th, 2003.