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Jinan Municipal Land Management

Original Language Title: 济南市土地征收管理办法

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Management of land levied in the city of Francis

(Summit 54th ordinary meeting of the Government of the Overseas Territories of 15 July 2010 to consider the adoption of Decree No. 238 of 28 July 2010 by the Government of the Overseas Territories, effective 1 September 2010)

Chapter I General

Article 1 regulates land collection and protects the legitimate rights and interests of all persons and users of collective land, in accordance with the Law on Land Management of the People's Republic of China, the Regulations on Land Management of the People's Republic of China and the Law on Land Management of the People's Republic of China, and establishes this approach in the light of the actual rights of the city.

Article 2 refers to the State's needs for public interest and planning, to the collective land of the farmers, in accordance with the statutory procedures and the authorization of authority, and to the payment of compensation and resettlement by rural collective economic organizations and farmers in accordance with the law.

Article 3 applies to land in the tropolitan areas, in the city, in the tropolitan area, in the area of horrendous cities, in the area of the administration of the long-term area (including the South-South industrial development area).

Article IV. The Government of the communes organizes land collection in the current administrative area, in accordance with the National Plan for Economic and Social Development, the Land Use Master Plan, the Urban Master Plan and the LULUCF Annual Plan.

Article 5. Land collection is under the leadership of the municipal government and is headed by the Urban Land Resources Administration, which is specifically responsible for the Office.

The Governments of the various districts are responsible for the organization and coordination of organizations and peasants of the community of the occupied rural areas.

Sectors such as urban development reform, urban and rural construction, planning, environmental protection, finance, prices, human resources security, agriculture, civil affairs, public safety, housing security management, forestry and water conservation should be synergistic with respect to land-covering.

Article 6. Reimbursement of land in advance, relocation and delivery of land collected are rewarded by the Government of the city.

Chapter II

Article 7. When land is to be collected, the authorities of the city's resources administration should communicate, in writing, relevant procedures such as the basis, place, scope, use, compensation, etc. of the proposed collection of land, to the local community economic organizations of the occupied land and to inform the relevant authorities of the discontinuation of the relocations of the land-based households, sub-households, housing transactions, housing mortgages, new construction of homes, and recreation (explication), construction of nuclear business licences, adaptation of the agricultural industry.

Article 8. After written notification, the Office of the Municipal Lands shall conduct a survey of the proposed land and land, together with the relevant owner, of the results.

Reimbursement for land should be implemented in accordance with the confirmed results. In one of the following cases, compensation shall not be confirmed:

(i) No construction (construction) of a land (household) certificate or approval process;

(ii) Construction of planted trees, planted crops and planted construction (construction) from the date of land collection.

Article 9. The authorities of the city's resources administration should develop a land-based compensation settlement programme based on land-based compensation criteria and survey findings, and inform in writing the rural collective economic organizations of the occupied land.

Article 10. Rural Collective Economic Organization of the Removal of the Land Consequences Programme and requests hearings, the authorities of the city's Land Resources shall organize hearings in accordance with the law; no objection shall be signed by the municipality's Office, the city (zone) land payment sector (unitions) and the rural collective economic organization of the occupied land.

The contents of the land-covering settlement agreement include the location, quantity, localities, compensation criteria, resettlement modalities, time and modalities for the payment of the funds, the time and modalities for the delivery of the land by the local community economic organizations of the occupied land, and the time of entry into force of the agreement.

Following the signing of the Land Reimbursement Settlement Agreement, the authorities of the city's Land Resources Administration should develop land collection programmes, with the approval of the Government of the people with the authorization.

Article 12. After the approval of the land collection programme, the commune Government has issued a public declaration by the rural collective economic organizations that have been charged with the land area, including the approval of land-covered bodies, approvals, approvals, approvals, use, ownership of the land collected, place, area, land area, land compensation standards and resettlement avenues.

The authorities of the city's resources administration are responsible for the announcement and organization of the approved land-based settlement programme.

Article 13, Rural Collective Economic Organization of the Removal of the Proclamation's Land Resorting criteria, should be presented to the territorial resource management of the location within 10 days of the date of the announcement.

There is a need for amendments to the land-based compensation resettlement programme, which is approved by the Government of the city by the municipal expropriation Office and the territorial resource management of the area.

Article 14. The criteria for compensation for land-covered land by the rural collective economic organization of the occupied land shall be disputed, and shall be applied to the administrative authorities of the city's land resources for coordination, and to the approval of a decision by the Government of the people that collects land.

Article 15. Reimbursement for land shall be paid in full to the rural collective economic organizations of the expropriated land within 90 days of the final approval of the land-covered resettlement programme.

Rural collective economic organizations in the area of expropriation are responsible for the management and use of land-based compensation.

Article 16 provides that the land levy programme, which is approved by law and paid for the settlement of the land in full, shall be cleared and transferred to the land by the rural collective economic organization of the land, within the time period specified in the settlement agreement.

Article 17 provides for the relocation of farmer homes, townships (at the streets' offices) or public utilities, communes and other non-residents in the town's village, and the relocation shall be registered by the Collective Land Use Certificate or the Housing Title Certificate to the designated sectors of the people of the region.

The land-covering programme, which is approved by law and implemented by the law, will be registered or cancelled by the original registry authority after the relocation of the collective land use certificate and the home ownership certificate.

Chapter III Reimbursement for land

Article 19 Reimbursement costs for land include land compensation payments, settlement support payments, territorial attachation and compensation payments. The land compensation rate and the eligibility rate are implemented in accordance with the Integrated Territorial Price Standards in the Orientale province.

Article 20

In particular, the number of people requiring resettlement is calculated in accordance with the number of land collected, excluding the number of land owned by the collective rural economic organization prior to the land.

Article 21 Reimbursement and resettlement benefits should be used primarily for the productive livelihood and social security of the expropriated farmers, the remainder of which is used to carry out office-off or public facilities and infrastructure construction in the occupied rural collective economic organizations.

The funds required for social security are covered by the collective economic organizations of the expropriated farmers and the rural population, which should be charged with compensation for settlement costs from land.

Rural collective economic organizations have less than 0.5 acres per capita land, and land compensation and resettlement benefits cannot meet the social security costs of the expropriated farmers, which can be arranged separately for social security costs not exceeding five.

The expropriated farmers participate in social security and are implemented in accordance with the approach established by the municipal human resources security administration authorities.

Article 22, which has been charged with the land, is attached to the material and to the young, and shall pay the royalties attached to the land and for the compensation of the young person. Compensation standards are implemented in accordance with the compensation criteria approved by the relevant departments of the province.

Reimbursements attached to the property owner are owned by the owner, and the compensation for the young meals is owned by the land contractor.

Article XXIII of the city Land Resources Administration shall determine the cost of the settlement of the land, in accordance with the annual plan for land collection and the criteria for the settlement of the land, and shall be paid in full by the municipal financial sector after the approval of the land collection programme.

Article 24 requires the relocation of farmers' homes due to land and should guarantee their living conditions.

Article 25 collects the collective land of farmers within the area of planning construction in the central urban area, requiring the relocation of farmer homes to be housed with a standard of 40 square meters (in the area of construction, with the same). The original housing area is less than 40 square meters per person, with 40 square meters per person. The original housing area exceeds 40 square mets per person, which exceeds the compensation standard granted in part by the relevant departments of the province; the housing house exceeds 40 square meters' sections and floor rooms, which are purchased by the warders in accordance with the cost of housing construction.

Article 26 After the house of the expropriated Farmers, all land in the outside-catch of the village is charged by law by the Government of the city, whose land compensation and resettlement benefits are transferred to the Government's housing relocation costs. The definition of the trajectory of the village is based on land use.

Article 27 provides for the relocation of farmers' homes in the context of the planning of building land in the central city area, which is no longer scheduled for the home base.

Article 28 provides for the relocation of farmer homes in the area of planning the construction of land outside the centre city, which is to be compensated in monetary terms in accordance with the compensation criteria approved by the provincial authorities. Reimbursement will be reorganized by the Government of the people of the region in accordance with the prescribed criteria and by law on land use procedures.

Article 29 requires the relocation of farmers' homes due to the need for land, and the relocation rate is implemented in accordance with the compensation criteria approved by the provincial authorities.

Article 31 provides compensation in accordance with the compensation criteria approved by the relevant departments of the province, for the relocation of public facilities or public utilities in the village of the town where land is required (the street office).

Removal fees for homes and subsidiary facilities are reimbursed by 15-20% of the total cost of construction (construction).

Chapter IV Oversight management

Article 31 Programme for the allocation of compensation for settlement costs should be based on the Organic Law of the People's Republic of China and the relevant provisions of the State and province, to be discussed by the All Village People's Congress or the Villagers' Representatives Conference and to be backed by the Rural Collective Economic Organization to the Government's Agricultural Administration.

Rural collective economic organizations in the area of confiscation should incorporate the income and expenditure of land for settlement costs into the public content of villagers and make it available to members of the rural collective economic organization.

Article 32 provides that compensation for settlement costs shall not be diverted.

Municipal, regional agricultural administrations should monitor and guide the use of housing reimbursements for the land of the rural collective economic organization.

Sectors such as municipalities, district finances, auditing should oversee the allocation and use of land-based compensation for settlement costs by the communal economic organizations of the occupied rural areas.

The authorities of the urban, regional human resources security administration should regulate and manage the use of social security costs for the displaced farmers.

Article 33 Refrain from the payment of settlement costs in full, and administrative authorities, such as urban land resources, rural and urban construction, shall not be subject to land and construction procedures.

Chapter V Legal responsibility

Article 344 Staff members of the Land Resources Sector and other relevant departments have been subjected to administrative disposal in the course of land collection, abuse of authority, provocative fraud, in accordance with the relevant provisions, and criminal liability is prosecuted in accordance with the law.

Article XV of the Rural Collective Economic Organization (RECO) made a false departure in the course of land-based settlement, taking the lead, interception, appropriation, misappropriation of land for settlement costs, and was criminalized by law by land resources, agriculture, finance, auditing, etc. in accordance with their respective responsibilities.

Article XVI of the Rural Collective Economic Organization or Collective Land User shall not be transferred to the land within the prescribed time frame and shall be transferred by the municipal authorities responsible for the land. Until late, the administrative authorities of the city's land resources apply for the enforcement of the People's Court.

Article 37 obstructs and undermines land collection and prevents land-covering staff from carrying out their official duties in accordance with the law, which is punishable by law by the public security authorities; in the event of serious crimes, criminal responsibility is held by law.

Annex VI

Article 338 Procedures and standards for communes, public goods, and the use of all land by private businesses for farmers in the collective context of the scheme.

Article 39 deals with land confiscation procedures, and procedures and standards for the settlement are implemented in the light of this approach.

Article 40 State, provincial approval of the priority infrastructure construction project, and compensation for resettlement criteria otherwise provided, from its provisions.

Article 40 can draw on the approach to land management.

Article 42 The provisional approach to the reunification of land for use, issued by the Government of the Overseas city on 28 April 2003, was also repealed.