Jiangsu Land Requisition Compensation And Landless Peasants Social Security Schemes

Original Language Title: 江苏省征地补偿和被征地农民社会保障办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393697.shtml

Jiangsu land requisition compensation and landless peasants social security schemes

    (September 4, 2013 Executive meeting of the Jiangsu provincial people's Government, the 13th September 10, 2013 93rd promulgated by the people's Government of Jiangsu Province as of December 1, 2013) Chapter I General provisions

    First in order to maintain the legitimate rights and interests of landless farmers and rural collective economic organizations, safeguard life and long-term livelihoods for landless farmers, regulate land compensation and resettlement, according to the People's Republic of China real right law of the People's Republic of China land administration law of the People's Republic of China Law on social insurance laws and regulations, combined with the facts of the province, these measures are formulated.

    Article compensation in these measures and the landless peasants social security, refers to the country after a farmers ' collective land expropriation, compensation shall be subject to landless peasants and rural collective economic organizations, arrangements of landless peasants social security costs will be landless peasants into urban and rural social security system.

    Article within the administrative area of the province land requisition compensation and the landless peasants social security procedures apply.

    Article fourth landless peasants social security should follow that of immediate classification, should do all over, Shi Bao, the principle of gradual improvement, combined with employment promotion, landless peasants into urban and rural social security system and ensure landless farmers the original without reducing the standard of living and secure long-term livelihoods. Article fifth landless peasants from the land before ownership of the lands within the rural collective economic organization of contracted land, agricultural duties of members, the original land contractual management right enjoys priority.

    Specific measures for the city and County (City) Government formulation.

    List of landless peasants landless rural collective economic organizations agreed to put forward, by the township (town) people's Government audit, and after the publicity, where landless rural collective economic organizations, submitted to the municipal or County (City) shall determine.

    Sixth in the local people's Governments at or above the county level is responsible for the administration of compensation and the landless peasants social security work. City, County (City) departments concerned in accordance with their respective responsibilities, to do related work.

    The township (town) people's Governments shall cooperate with the compensation and the landless peasants social security-related work.

    Article seventh provincial Department of land and resources, human resources and social security, supervision, finance, agriculture, Home Affairs and audit departments are responsible for the compensation and the landless peasants social security supervision, coordination and direction of the work. Article eighth, based on land value and the level of economic and social development, the province in counties are divided into four categories (see table), implementing the compensation criterion for land expropriation.

    Compensation standard of land requisition should be based on economic and social development levels and price changes, the landless peasants social security standards in determining and adjusting.

    Chapter II compensation Section Nineth farmers collectively-owned land, it shall pay the compensation fee, arrange the landless peasants social security costs.

    Compensation costs include compensation for land, resettlement compensation for ground attachments and green crops.

    Municipal people's Government in accordance with land location development of land expropriation compensation prices reported to provincial people's Government for approval, determined according to the price of land expropriation compensation.

    Tenth farmers collectively-owned land in accordance with purposes divided into agricultural land, building land and unused land.

    Agricultural land compensation fees are levied, according to the expropriated land area; construction of land compensation fees are levied, according to the calculation of the compensation for land levy agricultural; collection of unused land to the land compensation fees levied in accordance with agricultural land compensation fees of 0.5 times multiplier. Section 11th agricultural land should pay for resettlement, resettlement fees calculated according to the number of landless farmers in need of resettlement.

    Number of landless farmers in need of resettlement, according to the expropriated area divided by the expropriation of farmland expropriated before per capita farmland area of rural collective economic organizations.

    Collection of construction land and unused land resettlement were not paid.

    12th land houses and other buildings and structures are involved, shall be given compensation. Collection of the Homestead involving farmers ' houses, should guarantee imposed on people's living conditions.

    Of students able to Homestead, its housing in accordance with the combined replacement value into a new compensation; of students failed to land, are levied in accordance with the principle of housing area is quite arranged housing, compensation or in accordance with the market price. Expropriation relates to other buildings or structures, shall be given compensation.

    Of students to other construction land, and structures according to the replacement value of the building into the new compensation could not be reassigned to other construction land according to market price compensation.

    13th land involved other than those provided for in the preceding article of irrigation and water conservancy, transportation, electric power and communications infrastructure and other fixtures on the ground, in accordance with the principle of equivalent pay for the removal, alteration or compensation. Calculating crop compensation fee according to the season of the value, no award of compensation to the timely harvesting.

    You can transplant seedlings, flowers and perennial economic trees such as, pay transplant costs is not portable, giving reasonable compensation or priced acquisitions.

    14th four areas of agricultural land in the province land compensation and resettlement of minimum standards, the provincial governments developed and published. The compensation, resettlement, compensation for ground attachments and green crops specific standards, by the city and County (City) formulated and promulgated the people's Government, submitted to the provincial people's Government for the record.

    City, County (City) shall develop standards for land compensation and resettlement fees shall not be below the minimum standards stipulated by the provincial people's Government. Minimum standards for land compensation and resettlement of agricultural land should be based on economic and social development levels and price changes, adjust.

    City, County (City) land compensation fees specific criteria should be adjusted in a timely manner.

    Compensation standard adjustments, city and County (City) approval of land requisition compensation and resettlement programmes, shall be executed in accordance with the adjusted compensation criterion for land expropriation. 15th medium and large water conservancy and hydroelectric engineering construction compensation criterion for land expropriation, compensation in accordance with provincial standards, standards set by the State Council is higher than provincial people's Government, implementation of the standards set by the State Council.

    Coal mining subsidence land compensation criterion for land expropriation shall be separately formulated by the Province Government.

    16th section land compensation fees to all landless rural collective economic organizations, but should be no less than 70% of farm land compensation fee paid to the 16 years of landless peasants.

    Resettlement for under 16 years of age are peasants living allowance and over 16 years old landless peasants social security.

    Compensation for ground attachments and green crops property of their owners.

    Article 17th land compensation fees in full and not in place of, landless rural

    Collective economic organizations and their members have the right to refuse to pay; land compensation fees in full in place, landless rural collective economic organization and its members should the deadline. Article 18th landless rural collective economic organizations and disputed by peasants for land compensation and resettlement programmes, by the city and County (City) Government coordination coordination fails, the land approved by the Government decision.

    Specific procedures for coordination, decide the dispute in accordance with the relevant provisions.

    Chapter III landless peasants social security

    Article 19th date of approval for land requisition compensation and resettlement programme boundaries, landless peasants can be divided into the following three age groups:

    (A) 16 years of age (minor age);

    (B) more than 16 years old to 60 years old (working age);

    (C) more than 60 years old (pension age).

    City, County (City) shall determine each age person of landless peasants, and expropriated land units before the age ratio is basically the same.

    20th juvenile age groups of landless farmers in accordance with local resettlement standards lump, the NT as landless peasants no longer participate in the urban and rural social old-age insurance.

    21st the working-age employment of landless farmers in business, should participate in the basic old-age insurance for enterprise employees; part-time work or free choice (flexible), in accordance with the provisions of the flexible employment personnel participate in the basic old-age insurance for enterprise employees.

    Working-age of landless peasants did not participate in the basic old-age insurance for enterprise employees, you can choose to participate in the pension insurance or a new type of rural social endowment insurance of urban residents. 22nd pension ages were peasants from land requisition compensation and resettlement programme approval next month, according to no less than 1.1 times times the local rural minimum living standard in receipt of a monthly pension benefit, specific standards by County (City) shall determine.

    Requisitioned prior to participation in the new rural social pension insurance or endowment insurance of urban residents who enjoy minimum standards for basic old-age pension under the provincial people's Government. Article 23rd landless peasants social security funds including resettlement and value-added benefits and city and County (City) people from the land transfer revenue from land use arrangements, such as social security costs.

    Landless peasants social security funds from city, County (City) shall be responsible for the settlement. Landless farmers the minimum standards of social security funds in accordance with local 1.1 times times the rural minimum living standard multiplied by 139 per cent.

    Specific standards by the municipal or County (City) determines the people's Governments, and submitted to the provincial people's Government for the record.

    City, County (City) people's Government according to fixed income, balanced, without leaving gaps raised the principle of landless peasants social security funds, priorities from the paid use of land expropriated farmers ' social security costs.

    24th of municipal or County (City) landless peasants social security funds should be established the financial sector financial account (hereinafter referred to as guarantee fund accounts), management, accounting more than 16 years old landless peasants social security funds.

    One-time 16 years of landless peasants social security funds into the guarantee fund accounts and set up personal accounts. 25th working-age of landless peasants reached the pension age, which funds special funds in the personal account balance of principal and interest once returned I.
Landless peasants dead, its funds special funds in the personal account balance of principal and interest can be inherited according to law.

    Article 26th landless farmer family's per capita income is lower than the local minimum living standard, may apply in accordance with the provisions of minimum life guarantee.

    27th landless farmers in accordance with medical treatment, work injury and maternity insurance paying insurance fees, and enjoy related benefits.

    28th of municipal or County (City) in the working-age people's Governments and their competent authorities should be landless peasants into urban employment system, enhancing vocational training and guidance, employment conditions, promote employment for landless farmers.

    The fourth chapter funds management Article 29th system of land acquisition compensation funds stored. Before the requisition approval, city and County (City) people's Governments shall land compensation fees and revenue from land use arrangement of social security costs in cities, counties (cities) designated by the fiscal accounts (hereinafter referred to as deposit accounts).

    When the requisition approval, city and County (City) Finance Department shall issue a land compensation fees and the landless peasants social security costs related to implementation of the certificate. City, County (City) before government approval of land requisition compensation and resettlement programme, city and County (City) human resources and Social Security Department of the landless peasants social security costs implementation of the audit opinion. The State Council approved the expropriation of land location city, County (City) of human resources and social security sectors implementation of the landless peasants social security costs should be reported to human resources and Social Security Department.

    Without approval, city and County (City) Government may not approve, land requisition compensation and resettlement programmes. 30th of municipal or County (City) departments of land and resources in land requisition compensation and resettlement programmes within 15 working days from the date of approval, land compensation fee from the advance deposit account to pay to the rural collective economic organization; crop compensation payment to the owner.

    Floor fixtures expropriation compensation and settlement in accordance with the city and County (City) Regulations of the people's Government.

    Rural collective economic organizations should be list of landless peasants by the city and County (City) within 10 working days from the date of the determination of the people's Government, will not be less than 70% of agricultural land compensation fee paid to the 16 years of landless peasants.

    31st list of landless peasants by the city and County (City) within 10 working days from the date of the determination of the people's Government, city and County (City) land and resources departments should be 16 years of age from the advance deposit account are peasants living in full is paid to himself, over 16 years old peasant one-time social security funds into the Fund account.

    After the landless peasants social security funds to the account within 10 business days, city and County (City) departments of human resources and social security should be dealt with according to the following pattern:

    (A) the landless peasants social security pension age funds credited to the special account for its funds in a personal account for monthly pension benefits paid;

    (B) working-age of landless peasants social security funds credited to the special account for its funds in a personal account, by paying their personal contributions in social old-age insurance.

    Article 32nd landless farmer's reference to the relevant provisions of the social security funds social security funds management, separate record-keeping, accounting and realize value.

    Article 33rd compensation for part of the land belonging to the rural collective economic organizations, into the rural collective assets management, rural collective economic organizations for the development of production and an undertaking shall not be appropriated for other purposes.

    The fifth chapter legal liability

    Article 34th in land requisition compensation and landless peasants social security work, relevant people's Government, the Department and its staff of any of the following acts, by the higher people's Governments and relevant departments or the supervision agency ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failing to perform their duties, resulting in compensation costs and the landless peasants social security costs in full and on time;

    (B) issued by the land compensation fees and landless peasants social security costs implementation of false documents;

    (C) implementation of the landless peasants social security provide false audit opinion;

    (D) seize, intercept or appropriate compensation costs and the landless peasants social security costs.

    35th landless rural collective economic organizations practise fraud, impersonation, intercept or appropriate compensation expense, by the relevant agency ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    36th article of the referred to "above" contains the number itself. 37th article of the measures shall take effect on December 1, 2013. From the date of implementation of this approach, and new land is no longer performed in the Jiangsu Province, compensation and peasant livelihood protection measures.

    Already participating in basic life security system of landless peasants, Jiangsu Province, in accordance with the compensation and peasant livelihood protection measures continue, conditional convergence of the region shall, in accordance with the regulations.

Report: compensation standard area classification
┌──┬──────────────────────────────────────┐
│类别│                            地               区                             │
├──┼──────────────────────────────────────┤
│ │ Qinhuai district, Xuanwu District, Nanjing, and and the jianye district, Jiangning district, and qixia district gulou, yuhuatai district, and, and, sung on, Wuxi │
│ A │ district, Nanchang, beitang district Xishan District, and, and, and binhu district, huishan district, Jiangyin, zhonglou district, Changzhou tianning district, and Qi and the │
│ │ Shu Yan district, new North District, wujin district, Gusu, Suzhou, huqiu district, wuzhong district, town, xiangcheng district, Wujiang district, Changshu │
│    │市、张家港市、昆山市、太仓市                                                │
├──┼──────────────────────────────────────┤
│ │ Second class, liuhe area, Pukou district, Nanjing city, Yixing and liyang, and jintan, gangzha district, Nantong city chongchuan district, and Yangzhou wide │
│ │ Ling District, HANJIANG district, runzhou district, Zhenjiang jingkou district, and, hailing district, Taizhou gaogang district and the │
├──┼──────────────────────────────────────┤
│ │ Lishui, Nanjing, gaochun district, gulou, yunlong district, Xuzhou, and quanshan, haian town, Nantong, Tongzhou district, such as │
│ │ C class Rugao County, Qidong, haimen and the East, xinpu, Lianyungang and the Haizhou District, Huaian qinghe district and the Qingpu district, │
│ │ Tinghu district, Yancheng City, jiangdu, Yangzhou yizheng area, baoying, gaoyou, and, dantu district, Zhenjiang, Danyang city, Yang │
│ │ Intramuros, and Jurong, jiangyan city, Taizhou city taixing zone, Xinghua, Jingjiang, and sucheng district, Suqian city, │
├──┼──────────────────────────────────────┤
│ │ Jiawang district of Xuzhou, Copper Mountain Suining Pei feng, and, and, and, and, and Xinyi peizhou, lianyun district, Lianyungang, Gan │
│ │ Four class Yu County, Donghai, and guanyun, guannan, Huaian Huaian area, lianshui, huaiyin district, and, hongze, xuyi, and │
│ │ Jinhu County, Yancheng yandu district, xiangshui, Binhai, sheyang, Funing County, and, jianhu, and Dongtai, Dafeng │
│ │ City, suyu district, shuyang, siyang, and sihong │ └──┴──────────────────────────────────────┘