Jinan Municipal Land Management

Original Language Title: 济南市土地征收管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264112.shtml

Jinan municipal land management

    (July 15, 2010, Jinan City people's Government, the 54th Executive Meeting July 28, 2010, Jinan City people's Government promulgated as of September 1, 2010, order No. 238) Chapter I General provisions

    First to strengthen land management, regulating land expropriation act, protect legal rights of land owners and users, in accordance with the People's Republic of China land administration law and the People's Republic of China regulations on implementation of the land management law and the implementation of Shandong province, People's Republic of China Law on land administration procedures, laws and regulations, combined with the city's actual, these measures are formulated.

    Second land expropriation in these measures refers to the needs of the country, in the public interest, and implementation planning, in accordance with legal procedures and approval permissions, peasants ' collective ownership of land is owned by the State, and by law, reasonable given the rural collective economic organizations and farmers ' compensation and resettlement.

    Third lixia district of the city, Naka, huaiyin district, Tianqiao district, and district, in Changqing district administrative inside (including Jinan development zone) land expropriation procedures apply.

    Fourth municipal people's Government, according to the national economic and social development plan, land use planning, urban planning and land use planning, integrated land acquisition work within their respective administrative areas.

    Article fifth land acquisition work under the leadership of the municipal government, the municipal administration of land and resources departments, municipal office is in charge of land expropriation.

    The district people's Government is responsible for landless rural collective economic organizations and farmers ' organizations, coordination.

    City development and reform, urban-rural development, planning, environmental protection, financial, pricing, human resources and social security, agriculture, civil affairs, public security, House security management, forestry, and water conservancy departments shall, in accordance with their respective responsibilities, in collaboration with land-related work.

    Article sixth ahead of land requisition compensation and resettlement tasks, relocation and deliver the land expropriated, awarded to the municipal people's Government.

    Chapter II acquisition procedures

    Seventh article intends levy land Shi, city land resources administrative competent sector should will intends levy land of according to, and location, and range, and uses, and compensation according to, levy matters written told was land of rural collective organization, and notification about sector since told of day up stop handle intends levy land range within account of moved, and points households, and housing trading, and housing mortgage, and housing of new and the turned (spread) built, and issued license, and adjustment agricultural industry structure, about procedures.

    Article eighth after writing, city district people's Government shall, together with the land expropriated by the Office of land expropriation, jurisdiction of organization management of land and resources departments and township Governments (Street), and rural collective economic organizations on the proposed levy of land and fixtures on the floor making an inventory, and together with the owner to confirm the findings. Land requisition compensation and resettlement shall confirm the results.

    Any of the following circumstances, does not confirm the compensation:

    (A) does not have land (housing) building ownership certificate or approval (structures);

    (B) from the date of land expropriation informed, Rob planted trees, planting crops and rush to the building (structure).

    Nineth of municipal land and resources administrative departments should be based on compensation for land expropriation and resettlement standards and confirm the results of the survey, development of land requisition compensation and resettlement programmes, and shall inform the landless rural collective economic organizations.

    Tenth landless rural collective economic organization disagrees with the land requisition compensation and resettlement programme and to request a hearing, city land resources administration departments shall organize the hearing; no objection by the Municipal Office of the land, city (area) land expropriation compensation and settlement payments Department (unit) and landless rural collective economic organizations of land expropriation compensation and settlement agreement.

    Land expropriation compensation and settlement agreements include the land expropriated location, quantity, type, placement, compensation standards, cost-allocation of time and land, landless rural collective economic organizations time and way, the timing of the entry into force of the agreement.

    11th after land requisition compensation and resettlement agreement is signed, city, land and resources administrative departments should develop land acquisition programme, have the right of approval of the people's Government.

    Article 12th after land acquisition programme approved by the municipal people's Government in the rural collective economic organizations shall be announced, where the land expropriated, including approval of land requisition, approval, approve, approve, owner of the expropriated land, location, type, size, standard of land requisition compensation and resettlement and reintegration approaches.

    Administrative departments in charge of land and resources, to approved announcements and organize the implementation of land requisition compensation and resettlement programmes.

    13th landless rural collective economic organization disagrees with the announcement of land expropriation compensation and settlement standards shall be from the date of announcement is located in the 10th district land and resource management.

    Needed changes to the land requisition compensation and resettlement programmes, by the land Office and district, land and resources administrative departments proposed amendments, by the municipal departments of land and resources administration review, submitted to the municipal people's Government.

    14th landless rural collective economic organization of land expropriation compensation and rehousing schemes to determine the compensation standard of land requisition disputes, should first apply to departments of municipal land and resources administrative coordination coordination fails, to approve the land Government for a ruling.

    15th land expropriation compensation and settlement costs shall land requisition compensation and resettlement programme within 90 days from the date of final approval, to landless rural collective economic organizations and in full.

    Landless rural collective economic organization is responsible for the cost of land expropriation compensation and settlement management and use.

    16th section land acquisition programme approval and land requisition compensation and resettlement fees once the full compensation, landless rural collective economic organizations shall during the term of land expropriation compensation and settlement agreement clearing buildings and other attachments and the transfer of the land.

    17th due to land expropriation has to relocate farmers ' houses, town (Street) village of public facilities or public housing, Township and village enterprises and other non-residential premises, relocation of people should be the collective land use permit holders or the housing to the area designated by the people's Government of registration, applications for compensation and resettlement.

    18th land acquisition programme approval and implementation of land requisition compensation and resettlement package, by the original registration organ to be moving the collective land use permits and house ownership according to law for registration of change or cancellation.

    Chapter III of land expropriation compensation and settlement Article 19th land expropriation compensation and settlement costs include compensation for land, resettlement compensation for ground attachments and green crops.

    Land compensation and resettlement criteria, in accordance with the implementation of comprehensive land expropriation standard in Shandong province.

    Land expropriation was placed 20th personnel as members of the landless rural collective economic organizations (including college students, active-duty soldiers, forced labour prisoners).

    Specific number of population to be resettled are levied according to the amount of land divided by the rural collective economic organizations before the land acquisition of the amount of land per capita.

    Article 21st land compensation and resettlement shall be mainly used for placement and social security of landless farmers ' production and living, rest for landless rural collective economic organizations to set up public welfare or public facilities and infrastructure.

    Social security funds needed by landless peasants and rural collective economic organizations parts, should be expensed from land expropriation compensation and settlement costs and earmarks.

    Rural collective economic organizations less than 0.5 acres of land per capita, land cannot meet the compensation and resettlement of landless peasants social security costs, not more than 5 persons per acre can be arranged the social security costs.

    Landless peasants to participate in social security, Department of human resources and social security administration, in accordance with established procedures. 22nd ground attachments and green crops on the expropriated land shall pay compensation for ground attachments and green crops.

    Compensation compensation standards approved by the relevant departments of the province.

    Attachments property rights of compensation under the Earth all; compensation land contractors for all athletes.

    23rd of municipal land and resources administrative departments shall, in accordance with the annual land expropriation plan and land requisition compensation and resettlement criteria, calculating land expropriation compensation and settlement costs, land acquisition programme approved by the municipal finance department guarantees in full.

    24th due to land acquisition required relocation of farmers ' houses, should safeguard their living conditions. 25th in the central urban area planning within the collection of rural collective land for construction purposes, relocation of farmers ' houses, dominated by housing, standard of 40 square meters per person (g, below). Original residential area less than 40 sq m per person, according to placed 40 square metres per person.

    Former housing area exceeds 40 square metres per person, the excess compensation compensation approved by the relevant departments of the province; houses out of 40 square metres per person and the basement, are placed in accordance with housing construction cost price. Article 26th landless peasants after housing placement, all lands of the outer edge of the village closed the circle shall be collected by the municipal people's Government, their land compensation and resettlement to government relocation housing placement fee.

    Definition of closed circle of outer edge of the village the land use plan shall prevail.

    27th article in the central urban area within the planning, construction and land acquisition to relocate farmers ' houses, have been rehoused in, no longer arrange homestead. 28th planning construction land in urban centres outside the scope of land expropriation to relocate farmers ' houses, the relocation of housing in accordance with the relevant departments of the province approved standard compensation in monetary compensation.

    Compensated by the regional people's Government in accordance with the standards for moving people to reschedule the Homestead, and go through the land-use procedures under the law.

    29th due to land acquisition required relocation of farmers ' houses, moving expenses, transition relocation compensation standards approved by the relevant departments of the province.
30th due to land expropriation has to relocate villages and towns (Street) village of public facilities or public housing, Township and village enterprises and other non-residential premises, compensation approved by the relevant departments of the province, be compensated.

    Relocation of the housing and ancillary facilities, in accordance with the building (structure) reckons the total compensation to be compensated.

    Supervision and administration of the fourth chapter

    31st land requisition compensation and resettlement fees allocation schemes, should be in accordance with the People's Republic of China of the organic law of the villagers ' committees and the relevant regulations of the State and province, by all the villagers or villagers ' representative meetings for discussion and adoption by the General Assembly implemented by the rural collective economic organizations to the regional people's Government departments of agriculture administration.

    Landless rural collective economic organizations shall make the balance of land expropriation compensation and settlement costs into the content of village affairs, announced to the members of the rural collective economic organization.

    Article 32nd land requisition compensation and resettlement fees shall not be appropriated for other purposes.

    Municipal and district departments of agriculture administration of rural collective economic organizations should be use of land requisition compensation and resettlement fees for supervision and guidance.

    City and district financial and auditing departments should be expropriated the rural collective economic organizations assign and supervise the implementation of land expropriation compensation and settlement costs.

    Municipal and district departments of human resources and social security administration of the landless peasants social security costs should be used to control and manage.

    Article 33rd of land expropriation compensation and settlement fee is not paid in full in place, Administrative Department on land resources in the city, urban and rural construction, not for land and construction procedures.

    The fifth chapter legal liability

    Article 34th land and resources Department staff and other departments concerned in the process of land expropriation in negligence, abuse of power, favoritism, given administrative sanctions in accordance with the regulations; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    35th rural collective economic organizations in the process of land requisition compensation and resettlement fraud, impersonation, interception, misappropriation, misappropriation of land expropriation compensation and settlement costs, by the Ministry of land and resources, agriculture, finance, auditing and other departments according to their respective duties shall be ordered to correct it, refund if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law. Article 36th rural collective economic organizations or collective land does not hand over land in the time allotted by the municipal administration of land and resources authorities ordered to hand over the land.

    Fails to pay by the municipal administration of land and resources authorities apply to the people's Court for compulsory execution.

    37th obstruction and destruction of land, prevent land acquisition staff in performing their duties according to law, the public security organs shall be punished; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    Article 38th town public facilities, public service, private enterprise use of peasant collective land, its procedures and criteria for compensation in accordance with the measures implemented.

    Article 39th land acquisition procedures, the procedures and criteria for compensation in accordance with the measures implemented.

    40th State, key infrastructure construction projects approved by the province, compensation and allocation provisions of standards, from its provisions.

    41st in each County (City) refer to this approach to land management. 42nd these measures shall come into force on September 1, 2010. April 28, 2003 issued by the people's Government of the unified land in Jinan City, Jinan City interim measures be repealed simultaneously.