Article 1 In order to do a good job in compensation and resettlement for house demolition on collective land (hereinafter referred to as compensation and resettlement for house demolition), safeguard the legitimate rights and interests of rural collective economic organizations, villagers and other rights holders whose land has been expropriated (hereinafter referred to as the people who have been demolished), and ensure the smooth progress of urban and rural construction, according to the Land Administration Law of the People's Republic of China, the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Hunan Province and the State Council's "On Deepening"

Article 2 These Measures shall apply to the expropriation of collective land within the administrative area of this Municipality, which involves compensation and resettlement for house demolition.

The State Council and the provincial people's government have other provisions on compensation and resettlement for house demolition in the construction of highways, railways, water conservancy and hydropower projects.

Article 3 The people's governments of cities and counties shall strengthen the supervision and management of compensation and resettlement for house demolition, and the departments of land and resources shall be responsible for the specific implementation, and the departments of land and resources shall entrust the land acquisition and demolition institutions to be responsible for the specific transactional work.

The municipal and county people's governments' development and reform, real estate, planning, construction, finance, public security, labor and social security, civil affairs and other relevant departments, as well as the municipal people's government, the township people's government and the village (neighborhood) committees, shall do relevant work in accordance with the division of responsibilities.

The people's governments of cities and counties shall commend and reward the units and individuals that have made outstanding contributions in the compensation and resettlement for house demolition.

Fourth people should be taken to support and cooperate with the housing demolition compensation and resettlement work.

Those who vacate the land within the prescribed time limit will be given appropriate rewards according to the progress of house demolition.

Article 5 After the red line of land survey is determined and the land requisition plan is submitted for approval according to law 10 working days, the land and resources department shall issue a pre-requisition announcement in the township, village, group or community to inform the demolished people of the purpose, place, compensation standard, resettlement method and the right to apply for a hearing, and listen carefully to the opinions of the demolished people.

Article 6 After the land acquisition plan is approved, the municipal and county people's governments shall, within 65,438+00 working days from the date of receiving the approval document of the land acquisition plan, issue a land acquisition announcement in the towns, streets, villagers' groups and communities where the land acquisition is located, stating the land acquisition approval authority, document number, time, scope, obligee, purpose, location, area, land type, compensation standard, personnel placement method and social security.

Article 7 The municipal and county people's governments shall notify the relevant administrative departments in writing to suspend the following procedures within the scope of land acquisition within 1 year from the date of the announcement of land acquisition:

(a) the new batch of homestead and other construction land, change the land use, land transfer and land registration and certification;

(two) approved the renovation and expansion of housing;

(three) the household registration is consistent with the household registration, but because of the birth, marriage, demobilization and retirement of soldiers or college graduates, it is really necessary to move in and the household registration is at the location of the household registration;

(4) Obtaining an industrial and commercial business license;

(five) the procedures for the transfer of land contractual management rights, except for the expiration of the land contractual management contract;

(6) Special breeding certificate;

(seven) other procedures that hinder the compensation and resettlement of house demolition.

During this period, except with the approval of the people's government of the city or county, the relevant procedures handled by any other department without authorization cannot be used as the basis for compensation and resettlement for house demolition. If the relevant procedures are handled without authorization, causing losses to others, the relevant responsible units or individuals shall be responsible.

Eighth land acquisition and demolition institutions shall investigate the area, quantity and structure of the demolished houses and other buildings (structures), and the demolished people shall cooperate and confirm them. The determination of the ownership, area, structure, nature of use and construction period of the house to be demolished shall be based on the land use right certificate, house property right certificate or other legal documents.

If the house to be demolished has legal documents, the area shall be subject to the area indicated on the legal documents. If there is no relevant certificate for the house to be demolished, the area shall be subject to the results confirmed by both parties.

If the demolished person refuses to cooperate with the investigation or refuses to confirm, the land acquisition and demolition institution may entrust a qualified housing surveying and mapping institution to conduct surveying and mapping, or take photos, videos and other ways to obtain evidence, and notarize the process and results of obtaining evidence as the basis for the implementation of land acquisition compensation and resettlement.

Supplementary answer:

Article 9 The land administrative departments of the relevant municipal and county people's governments shall, in accordance with the relevant provisions of the Measures for the Announcement of Land Expropriation (OrderNo. 12, 2004), the Ministry of Land and Resources 10), together with relevant departments, draw up a compensation and resettlement plan for land expropriation with the land use right requisitioned as the unit within 45 days from the date of the announcement of land expropriation, and make an announcement.

Article 10 If the demolished person has different opinions on the land acquisition compensation and resettlement scheme or requests to hold a hearing, it shall, within 10 working days from the date of the announcement of the land acquisition compensation and resettlement scheme, submit it to the land administrative department of the relevant municipal or county people's government.

Eleventh the land administrative departments of the people's governments of the relevant cities and counties shall study the different opinions of the demolished people on the compensation and resettlement plan for land acquisition. If a party requests a hearing, it shall hold a hearing. If it is really necessary to modify the compensation and resettlement plan for land acquisition, it shall be modified in accordance with relevant laws and regulations and the approved land acquisition plan.

Twelfth land and resources departments or land acquisition and demolition institutions can sign an agreement with the demolition of housing compensation and resettlement, as the basis for housing compensation and resettlement.

The compensation and resettlement plan for land requisition conforms to the provisions of Article 1 1. If the demolished person refuses to sign an agreement and fails to vacate the land within the prescribed time limit, the land and resources department may order him to vacate the land within a time limit after compensation according to law; If the demolished person fails to vacate the land within the time limit, the land and resources department shall apply to the people's court for compulsory execution.

If the compensation for house demolition is not paid in full, the demolished person has the right to refuse to vacate the land.

Thirteenth land acquisition units shall provide the land and resources department with the certificate of compensation and resettlement funds issued by financial institutions. Without a certificate, the land and resources department shall not issue a notice of house demolition.

Fourteenth land acquisition and demolition institutions and the demolition can not reach an agreement on compensation and resettlement for demolition, and the county people's government shall coordinate and solve it upon the application of both parties; If the coordination fails, it shall be decided by the Municipal People's Government; You can also directly apply to the Municipal People's Government for a ruling. Which involves the application of compensation standards, ruled by the provincial people's government.

The Municipal People's Government shall make a decision within 30 days from the date of accepting the application.

Fifteenth housing demolition compensation and resettlement work is completed, the land and resources department shall inform the planning, construction and real estate departments of the municipal and county people's governments in writing.

Sixteenth residential housing demolition in accordance with the provisions of the annex 1 standard compensation.

The compensation for the demolition of production and business premises shall be 65% of the total house price (including facilities), plus the actual cost of dismantling, installing and handling related equipment.

Relocation of other collective enterprises, according to the corresponding level of housing standards 30% compensation for the loss of production and business.

The identification of the nature of the collective enterprise or individual house shall be based on the purpose determined by the real estate license and the land use certificate, and the demolished person shall hold a valid business license, otherwise compensation shall be given according to the general residential house.

The following situations will not be compensated:

(a) new buildings (structures) and scrambled trees and fruit seedlings after the announcement of land acquisition;

(two) illegal buildings (structures);

(3) Temporary buildings (structures) exceeding the approved period.

Seventeenth demolition of electric power, communications, cable television, water supply and drainage, gas and other public facilities, according to the relevant provisions of the state compensation.

Demolition of houses and other ancillary facilities, relocation of graves, etc. It shall be carried out in accordance with the provisions of Annexes 2, 3, 4, 5 and 7.

Eighteenth demolition of houses shall pay the moving fee. Moving expenses are calculated by household and by registered population.

If resettlement is implemented, the transition fee shall also be paid, and the moving fee shall be paid twice. Moving expenses and transition expenses shall be implemented according to the provisions of Annex 6.

The transition period generally does not exceed 12 months. If the transition period needs to be extended, if the extension time is less than one year, the transition fee shall be paid by 2 times from the date of extension; If the extension time exceeds one year, it will be paid by 3 times from the date of extension. Supplementary answer:

Nineteenth in the urban planning area, the demolition of residential houses, the general implementation of monetary resettlement. Conditional villages and groups, with the approval of the people's governments of cities and counties, can focus on the construction of residential areas or resettlement communities on collective land. The construction of residential areas or resettlement communities should be unified in planning, design and construction.

Monetary resettlement refers to the way of paying resettlement subsidies to the houses to be demolished, not arranging the homestead uniformly after compensation, and being resettled by the demolished themselves. The monetary resettlement subsidy standard is based on the area of the main house to be demolished per square meter 1200 yuan.

The compensation for the demolition of wing houses, wing houses, houses used for agricultural production and other ancillary facilities shall not be included in the main housing area.

The calculation and compensation of the main building area and building area of the demolished house shall be carried out according to Annex 8.

Twentieth residential housing demolition outside the urban planning area, the general implementation of self-demolition and self-built resettlement.

After the compensation for the demolished houses, the demolished people will make their own arrangements, and the land acquisition unit will be responsible for arranging the land for reconstruction in accordance with the standards stipulated in the Measures for the Implementation of the Land Management Law of the People's Republic of China in Hunan Province.

Twenty-first people who have been demolished have more than two homesteads, one of which has been demolished, and if the other homesteads meet the prescribed land area standards, no homestead will be arranged; If two places are demolished at the same time, only one of them can be selected to arrange the homestead.

Twenty-second houses that have been demolished are particularly difficult, and the land acquisition unit shall make proper arrangements according to the actual situation.

Twenty-third corruption, misappropriation, dividing up, interception, arrears of demolition compensation and other related expenses, the responsibility of the relevant personnel shall be investigated according to law. If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

Twenty-fourth Lengshuitan District, Lingling District demolition compensation standards and resettlement measures with reference to these measures; The compensation standards for demolition in Dongan County, Qiyang County and Lanshan County can be lowered by 10% according to these measures, and the compensation standards for demolition in ningyuan county County, Daoxian County, Jiangyong County, Jianghua County, Shuangpai County and Xintian County can be lowered by 15%.

Counties implement monetary resettlement, housing resettlement subsidies can be appropriately reduced, the reduction rate is not more than 20%.

Article 25 These Measures shall be implemented as of the date of promulgation. Other provisions on house demolition and resettlement on collective land are inconsistent with these measures, and these measures shall prevail. Before the implementation of these measures, if the conversion of agricultural land and land expropriation have been approved according to law and the announcement of land resettlement plan has been issued, the compensation and resettlement for land acquisition shall still be handled according to the original provisions; Has not yet been released, or the land compensation and resettlement plan is not in place within 3 months after the release, according to these measures.

Attachment: 1 Compensation standard for house demolition on collective land

2. Compensation standard for other facilities for house demolition on collective land (1)

3, collective land housing demolition and other facilities compensation standards (2 points)

4, storage tank, biogas digester demolition compensation standard

5, septic tank compensation standard

6. Compensation standard for moving expenses and transition expenses

7. Compensation standard for moving graves

8, housing demolition compensation calculation method.

Supplementary answer:

Attachment 1

Compensation standard for house demolition on collective land

Fang Wu

kind

Compensation price

(yuan)

major feature

Steel-concrete

structure

Eight hundred

1, pile foundation or raft foundation, and the load-bearing part is all reinforced concrete frame structure.

2. Cast-in-place floors, roofs, stairs and gutters are more than 3 meters high, and 24 cm sleeping walls are filled in the framework of overhead insulation layer or flat slope insulation layer on the roof.

3. Exterior walls are all painted, with exterior wall tiles, glazed ornaments and stone materials.

4. The living room, bedroom and living room are made of solid wood, and the rest are made of stone or tiles.

5, wooden or gypsum, metal decorative roof, wooden dado, fixed wardrobe, door, window cover all-inclusive decoration.

6, security doors, security window, aluminum alloy doors and windows.

7. Kitchen and bathroom facilities are complete, and indoor water, electricity and sanitation facilities are complete (fully decorated rooms and rooms).

8, water, electricity into the household, drainage facilities.

brick setting

structure

excellent

700

1, pile foundation or cast-in-place concrete foundation, pile cap or ring beam structure with a depth exceeding 2.5m.

2. All floors for sleeping walls, cement or mixed mortar masonry, cast-in-place stairs, living rooms, kitchens and bathrooms, and tiles for ring beams, lintels, cantilever beams, concrete columns, gutters, heat-insulated houses or sloping roofs are complete in structure, with the standard height exceeding 3m.

3. All exterior walls shall be painted, including exterior wall bricks, glazed objects and stone materials.

4. The living room, bedroom and living room floors are solid wood floors; The rest are stone or tile floors.

5, wooden or gypsum, metal decorative roof, wooden dado, fixed wardrobe, door, window cover all-inclusive decoration.

6, security doors, security window, aluminum alloy doors and windows.

7. Kitchen and bathroom facilities are complete, and indoor water, electricity and sanitation facilities are complete (fully decorated rooms and rooms).

8, water, electricity into the household, drainage facilities.

Second-rate

650

1, standard masonry foundation, reinforced concrete ground beam, ring beam, some structural columns, kitchen, toilet floor, stairs, gutter cast-in-situ, other floors prefabricated, roof with overhead insulation layer or flat slope insulation house.

2, all for sleeping wall, mixed mortar masonry, building structure is complete, the standard height is more than 3 meters.

3. Exterior walls are all painted, and some of them are pasted on the exterior walls, with glazed objects and stones on the front.

4. The living room, bedroom and living room are paved with tiles or stones, and some of them are solid wood floors.

5. Wooden or gypsum corner lines, wooden or other dados, some fixed closets, some doors and window covers are decorated.

6. Yarn for security doors, security window, aluminum alloy doors and windows, and some wooden doors and windows.

7. Kitchen and bathroom facilities are complete, and indoor water, electricity and sanitation facilities are complete.

8, water, electricity into the household, drainage facilities.

third-class

600

1, standard masonry foundation, reinforced concrete ground beam, reinforced concrete precast floor slab, roof, stairs, gutter, column eaves gallery, roof overhead thermal insulation layer or flat slope thermal insulation layer, the building structure is complete, and the standard floor is more than 3 meters high.

2, 24 cm sleeping wall, part of the bucket brick.

3. Exterior wall shall be partially painted, and interior wall shall be painted.

4. The floors of living room, bedroom and supporting living room are all tiled or stone, and there are some cement or other decorative materials.

5. Wooden or plaster lines, fixed wall cabinets, partial dados, door covers, wooden doors and windows with gauze, common anti-theft doors and windows, and some aluminum alloy windows.

6. Kitchen and bathroom facilities are complete, and indoor water, electricity and drainage facilities are complete.

Brick wood

structure

excellent

500

1, standard masonry foundation, tile roof, front and rear cornices with a height of not less than 3m.

2, hollow brick wall, part of the sleeping wall, ring beam, lintel, brick column structure, gutter, insulation layer. Or sloping roof tiles, the house structure is complete.

3. The living room, bedroom and living room floor are paved with tiles or stones, and the exterior wall is painted or tiled.

5, ordinary interior walls, ceiling decoration, wooden doors, windows with yarn; Security net, some aluminum alloy windows.

6. Kitchen and bathroom facilities are complete, and indoor water, electricity and drainage facilities are complete.

Second-rate

450

1, standard masonry foundation, 24 cm bucket wall and part of sleeping wall, tile roof, brick column structure, and the height of front and rear cornices is not less than 3m.

2. The living room, bedroom and supporting living room are tiled on the ground and painted on the exterior wall.

3, ordinary interior walls, wooden doors, with screens and anti-theft nets.

4. Kitchen and bathroom facilities are complete, and indoor water, electricity and drainage facilities are complete.

third-class

celebrity

1, wooden column roof beam, semi-soil, semi-brick, wooden board wall or filler wall, tile roof, front and rear cornices with a height of not less than 2.8m ... painted wooden doors and windows, complete indoor water, electricity, sanitary facilities and kitchen facilities.

2, empty brick wall or brick, earth wall, insulation layer. The sloping roof is covered with tiles and the structure of the house is complete.

3. Indoor floor cement, external drywall, complete doors and windows, gauze, indoor painting and anti-theft net.

4. Kitchen and bathroom facilities are complete, and indoor water, electricity and drainage facilities are complete.

Civil structure

excellent

300

1, soil mixed masonry wall, wooden frame, tile roof, front and rear eaves are more than 2.8m high.

2, cement floor or concrete floor, doors and windows are complete, with yarn, indoor painting.

3. Indoor water, electricity, toilet facilities and kitchen facilities are complete.

Second-rate

250

1, soil mixed masonry wall, wooden frame, tile roof, front and rear eaves are more than 2.8m high.

2, cement floor or concrete floor, ordinary doors and windows.

3. Simple hydropower equipment.

third-class

200

1, no independent gable, 24 cm bucket wall or 12 cm wall, cornice height over 2.2 meters.

2, all kinds of materials masonry wall, concrete floor or cement floor, materials, roof integrity.

3, painted wooden doors and windows, simple water and electricity into the home.

simple structure

excellent

150

1, foundation depth 0.5m, 12cm wall or miscellaneous brick wall, tile roof, cornice height 1.8m above. ..

2, cement floor or cement floor, painted wooden doors and windows, simple water and electricity into the home.

3, wooden bungalows, brick houses.

Second-rate

100

Brick and wood columns, simple doors and windows, asbestos tiles, Chinese fir shells, linoleum, etc.

Painted wooden doors and windows, simple water and electricity in the house.

third-class

50

Toilets, cowsheds, pigsty and factories are covered with asbestos tiles, linoleum and fir shells.

Supplementary answer:

Remarks:

1. If the structural standards meet the grade requirements, but more than two decoration standards fail to meet the standards, the next category shall apply.

2. If the decoration standard meets the category level, but more than one structural standard does not meet the standard, the next category shall apply.

This compensation standard includes indoor and outdoor decoration.

4. Compensation for each missed housing subject10-30 yuan/m2.

5. Every time the height increases or decreases 10 cm, the compensation price of the main body of the house increases or decreases 1%.

6. Each increase or decrease of house decoration (repair) compensation 10-20 yuan/m2.

Annex 2

Compensation standard for other facilities for house demolition on collective land (1)

serial number

Nominal name

unit

Compensation unit price

(yuan)

Reserve bill

1

Cement ping

m3

300

2

ditch

m3

120

Calculated by masonry

three

Fixed stove

group

80

four

Smokeless stove

set up

600

five

High-grade anti-theft door

fan

1000

No more than 3 security doors (including 3 doors) per household. For more than 3 doors, only 50 yuan is accepted for each door.

six

Ordinary anti-theft door

fan

600

seven

Simple anti-theft door

fan

300

eight

Stainless steel anti-theft net

The second part of money supply

60

nine

Air conditioning transmission (vertical)

platform

200

Split machine

10

Transfer of water heater

platform

200

1 1

Cement pole (more than 8m)

root

Eight hundred

Includes accessories.

12

Cement pole (less than 8m)

root

celebrity

Includes accessories.

13

Cement pole (over 5m)

root

200

Includes accessories.

14

Aluminum alloy rolling gate

The second part of money supply

150

15

Aluminium alloy doors and windows

The second part of money supply

120

Description:

1. Any stove, component or pool, pig (cow) excrement, movable cement board, barn, etc. If it is not fixed for production or life, it will not be compensated.

2. Water dripping from the roof, entrance steps and upstairs stairs are all necessary supporting facilities of the house, which have been included in the unit price of house compensation and will not be compensated separately.

3, accessories are not included in the project, generally according to the current construction quota of 70% of the direct cost of compensation.

Annex 3

Compensation standard for other facilities for house demolition on collective land (II)

project name

unit

Compensation amount

(yuan)

Reserve bill

Retaining wall slope protection

Masonry and cement joints

m3

160

If stone slope protection is reduced, 5 yuan cement powder surface will be increased per square meter.

Dry-laid cement trench joint

m3

120

Enclosure wall

Block stone, precast brick wall

m3

270

Cement powder will increase 5 yuan per square meter, and wall powder and white ash will increase 1.5 yuan per square meter.

24 cm sleeping wall

270

24 cm sleeping bucket wall

230

24 cm sleepless barrel wall

190

Homemade bricks and walls

80

Pressurized well

mouth

1000

8 meters or deeper, each additional meter.

150 yuan

Hongshujiao

m3

100— 120

Annex 4

Compensation standard for removal of water storage tanks, biogas digesters and septic tanks

project

pond

methane-generating pit

septic tank

masonry

Masonry m3

Masonry m3

Masonry m3

Cement plastering of red brick masonry

300 yuan

300 yuan

300 yuan

specific

400 yuan

400 yuan

400 yuan

Annex 5

Septic tank compensation standard

structure

Earthwork culvert

Sansha

Brick and powder cement

price

25 yuan/m3

40 yuan/m3

60 yuan/m3

Annex 6

Compensation standard for moving expenses and transition expenses

kind

Compensation standard

Reserve bill

Migration cost

400 yuan/household

For each additional household with more than three people, it will increase by 100 yuan.

Transition fee

300 yuan/month

For each additional household with more than three people, it will increase by 100 yuan.

Annex 7

Compensation standard for moving graves

Unit: Yuan/Tomb

grave

cinerary casket

Soil powder

Concrete (cement) grave

Double burial tomb

kind

Good coffin

Rotting coffin

Good coffin

Rotting coffin

Good coffin

Rotting coffin

Compensation expenses

300

500

300

600

celebrity

1000

600

Description:

1, outside the planning area, if the village or group still has collective land after land acquisition, the village or group will adjust and solve the relocation site by itself. Expropriation of land in the planning area, with the consent of the construction land unit, can solve the relocation site by itself, and compensate 700 yuan for each grave. Where there is no place to move the grave, the land-using unit will place it in the planned cemetery free of charge.

2. For the graves repaired and reinforced with building materials, the compensation standard for moving graves is increased by 50%- 100% on the basis of the compensation standard for similar graves.

3, over the notice period to move the grave, overdue move, buried by the proposed land units, no compensation. Supplementary answer:

Annex 8

Explanation of calculation method of compensation for house demolition

1, the demolished houses (structures) shall be compensated according to the compensation price of these measures, depending on the structural category; The use of defective products, inferior materials or renovation projects that fail to meet quality standards should reduce compensation until only labor wages are compensated.

2. The house is calculated according to the legal construction area. Single-storey (bungalow) and ground floor buildings are calculated from the horizontal area above the external wall of the house; The floor is calculated according to the horizontal area of the external wall; For corridors with columns, eaves galleries, concave balconies and overhanging balconies, the construction area shall be calculated according to half of its projected area; Columns, cribs, footstools, escalators, cornices of front and rear walls and hilltops beyond the walls are not counted as construction areas. If the height of floors and overhead floors is below 2.2 meters (excluding 2.2 meters), after calculating the compensation unit price of the corresponding construction area, the compensation shall be calculated by multiplying the actual height by 2.2 meters.

3, building height, single-storey (bungalow) building, calculated according to the average height of the front and rear feet of the wall column; The building is calculated according to the average height of the front and rear walls from indoor floor to floor or floor to roof.

4.* * The wall area is calculated by half, and it is treated as no wall.

5. This standard is divided into five categories and thirteen categories according to the different housing structures. When calculating compensation, according to the housing structure, the compensation amount shall be calculated according to the category compensation price, and the compensation shall not exceed the category.

DocumentNo.: Han [2009] 123 Affiliated unit: General Office of the Provincial Government Release Date: June 8, 2009 Theme: Urban and Rural Construction and Demolition △ Yongzhou Reply Theme: Legal Title: Provincial Government Document Signing Date: June 8, 2009 00: 00 Unified RegistrationNo.: National Human Rights Program.

Reply of Hunan Provincial People's Government on the Measures for Compensation and Resettlement of House Demolition on Yongzhou Collective Land

Hunan Provincial People's Government

Research on Compensation for House Demolition on Collective Land in Yongzhou City

Reply to resettlement measures

Yongzhou Municipal People's Government:

Your Request for Instructions on Approving the Measures for Compensation and Resettlement of House Demolition on Collective Land in Yongzhou (Yongzheng [2009]18) has been received. After study, the reply is as follows:

I. Agree to the Measures for Compensation and Resettlement of House Demolition on Collective Land in Yongzhou City.

Second, your city should further improve the compensation and resettlement mechanism for house demolition on collective land, ensure the legality of house demolition procedures, do a good job in resettlement compensation according to laws and regulations, and earnestly safeguard the legitimate rights and interests of landless farmers and residents.

Attachment: Measures for Compensation and Resettlement of House Demolition on Collective Land in Yongzhou City