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Zhejiang Province Land Requisition Compensation And Landless Farmers Basic Protection Approach

Original Language Title: 浙江省征地补偿和被征地农民基本生活保障办法

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Recipient compensation and basic livelihood security for the displaced farmers in the province of Zanganang Province

(Act No. 264 of the People's Government Order No. 264 of 17 August 2009)

Article 1, in order to preserve the legitimate rights and interests of the expropriated farmers, regulate the compensation process and guarantee the basic lives of the displaced farmers, develop this approach in line with the People's Rights Act, the People's Republic of China Land Management Act and other relevant laws, regulations.

Article 2 The collection of all of the land by farmers should be based on laws, regulations and methods that provide for the establishment of a system of basic living guarantees for the displaced farmers.

The legal, regulatory, regulatory and regulatory compensation for the collection of land is also provided for.

Article 3 imposes on the collective land of the farmers and shall pay in full accordance with the law the costs of land compensation, settlement support, territorial attachation and compensation for their babies (hereinafter referred to as expropriation indemnity payments), arrange social security costs for the expropriated farmers, guarantee the basic lives of the displaced farmers and safeguard the legitimate rights and interests of the displaced farmers.

Article IV. Governments of municipalities and counties should establish and implement, in accordance with this approach, a system of basic living guarantees for migrant and expropriated farmers, to harmonize land compensation and the basic livelihood security of the expropriated farmers and to effectively guarantee the legitimate rights and interests of the displaced farmers.

The city, the territorial resource sector is specifically responsible for the development and organization of the expropriation compensation programme.

The urban, district human resources and social security sectors are specifically responsible for the measurement, participation in maintenance operations and employment promotion of basic livelihood guarantees for the displaced farmers.

The city, the district finance sector is specifically responsible for compensating funds and for the management of the income and expenditure of the capital guaranteed by the expropriated farmers.

The urban, district and agricultural sectors are specifically responsible for the use of expropriation, the monitoring of the distribution and the handling of disputes.

The sectors such as forestry, civil affairs, inspection, public safety and auditing at the district level should work together in accordance with their respective responsibilities.

The Government of the commune (communes) and the street offices should work together to compensate and secure basic life for the displaced farmers.

Article 5

Article 6. The Government of the Provincial People's Government has integrated economic and social development across all regions and researches the development and publication of the minimum standards of compensation for all provincial expropriation.

The city, the people's government should establish, in accordance with the relevant provisions of the State and the province, a comprehensive compensation standard for the publication of regional expropriation in the present administrative area or the harmonization of annual value standards (hereinafter referred to as the expropriation indemnity criteria), as well as a reference to the provincial Government. Reimbursement criteria in the city, the district shall not be lower than the minimum standards for the whole province.

The city, the people of the district should conduct an integrated assessment when setting the criteria for the compensation of the land, with listening, colloquiums, and listening fully. The criteria for integrated zones should be determined in an integrated manner, taking into account the level of economic development and the factors such as the level of ownership of land per capita, the place, the local category, the value of property and the balance between neighbouring areas.

The minimum standards for municipal, district-based reparations and for all-professional compensation should be adjusted for a period of 2 to 3 years; they do not require adjustments and should be re-encued.

Article 7. Farmers who have been expropriated to participate in basic living guarantees under this scheme, and their basic living guarantee standards should not be lower than the minimum standard of living for local urban residents.

Article 8

(i) The basic cost of living and value-added income to be paid by the community of rural organizations and farmers in the occupied territories;

(ii) The Government of the city, the people of the district, which is not less than 30 per cent of the total amount of the three-party funding and its value-added income;

(iii) Other funds that could be used for the basic living security of the expropriated farmers and their added value.

Article 9, paragraph (b), of this approach is less funded than under subparagraph (i) of article 8, paragraph 1, and the municipal and district peoples' governments should redeploy funds from their aggregate proceeds of land to strengthen the social security risk reserve in accordance with their differences.

Article 10. Governments of municipalities, districts and territories should incorporate in the annual financial budget the costs of compensating the land, government-organized funds for basic living security for the expropriated farmers and the social security risk reserve that should be extracted.

The construction of separate sites such as transport, energy, water and electricity should be included in the engineering estimates in full.

Reimbursement and secure funds and the social security risk reserve that should be drawn should be fully in full. Guarantees of funds and the non-implementation of the social security risk reserve cannot be granted.

Removal compensation payments are fully in place, and the rural collective economic organizations and farmers should deliver their land on time.

Article 11

The fiscal sector of the city, the commune government shall, after approval of the capital and social security sector's plan for the basic livelihood security of the expropriated farmers, be transferred on a regular basis to the basic subsistence security of the displaced farmers and to ensure the timely and full disbursement of funds for basic subsistence for the displaced farmers.

Article 12

(i) The payment of the basic living guarantees under article 16;

(ii) Payment of living benefits under article 19;

(iii) Other expenditures relating to the social security of the expropriated farmers, as set out by the Government of the province and the relevant sectors.

Article 13. Social security risk reserves are used to fill the shortcomings of the social security fund.

Inadequate funding for basic living security for the displaced farmers is less than two months, supplemented by the Royal People's Government in a timely manner, including through the payment of the social security risk reserve, to ensure the timely and full payment of the capital for basic subsistence for the displaced farmers.

Article 14. Funds for basic living security for the expropriated farmers are composed of individual accounts, social integration accounts. The funds provided for in article 8, subparagraph (i), of this approach enter the individual accounts, and funds provided for in subparagraphs (ii), (iii) of this approach enter the social and integrated accounts.

Article 15. The collective land of the farmers has been collected and, according to the number and counterpart of the land collected, the target for participation in basic life guarantees is determined.

The list of those who participated in basic living guarantees was determined by the law by the entrenched rural collective economic organizations and reviewed by the communes (communes), the street offices, public statements, confirmations, local human resources and social security, the land resources sector.

Farmers who have been recruited under 16 years of age are paid a lump sum for their entitlement to land compensation and resettlement benefits, which are not included in basic living guarantees.

Article 16 takes part in the expropriated farmers who are guaranteed basic life, who have attained 55 years of age and 60 years of age for men, and receive basic living guarantees in the month.

Article 17 Basic living guarantees are paid by individual accounts and social integration accounts, respectively, according to the proportion of funding.

The death of persons participating in basic life guarantees may be inherited by law in their personal accounts.

Article 18 Governments and relevant sectors of the population at the district level should strengthen employment training and guidance for the expropriated farmers, create conditions for employment, expand access to employment and promote the employment of displaced farmers.

Farmers who participate in basic living guarantees, who are still unable to work after employment training, are difficult to live, and their host city, the territorial Government should grant some living allowance. The standard of living benefits, the period of time and the means of specific distribution are set up by the municipalities, district governments.

Article 20, the Government of the city, the people of the district, in accordance with the relevant provisions of the State and the province, should include eligible expropriated farmers in basic old-age insurance for their workers.

Farmers who have participated in basic living guarantees are involved in basic old-age insurance or other social insurance, and their personal accounts funds and their social integration are subject to the relevant provisions.

Farmer families who meet the minimum living conditions on the ground are allowed to enjoy minimum living guarantees as prescribed; they are not included in the urban social security system, and can participate in rural social security, such as new rural cooperation medical treatment.

Article 21, the allocation of collective economic organizations in rural areas and the provision of expropriation compensation rates should be publicized and monitored.

Reimbursement for collective rural economic organizations should be included in the management of public credits for the development of production by villagers for social security, public goods and rural collective economic organizations.

Article 22 of the Rural Collective Economic Organization and the Employed Farmers contested the criteria for the compensation of the land in question and could apply for coordination, decision. Specific procedures for coordinating, adjudicating disputes are implemented in accordance with the relevant provisions of the Government of the province.

Article 23 of the collective economic organization of the rural population of the territory of which it is expropriated, intrusive, expropriated and expropriated compensation, is being redirected by the appropriate organs and is treated in accordance with the law by the competent and other direct responsible persons directly responsible; constitutes a crime and is criminally liable by law.

Article 24, in the process of compensating and securing the basic lives of the expropriated farmers, is one of the following acts by the Government, the competent authorities and their staff, which are redirected by the Government, the competent authorities or the inspectorate, and administrative disposition of the direct responsible supervisors and other direct responsibilities by law; and constitutes an offence and criminal liability by law:

(i) To establish and implement, in accordance with this approach, a system of redress and basic livelihood security for displaced farmers;

(ii) The failure to perform their duties under the law, resulting in a failure to secure basic living funds in full and in a timely manner;

(iii) Approval of expropriation without providing for the implementation of social security costs;

(iv) Expropriation, extradition and expropriation of claims;

(v) Other acts that should be taken administratively by law.

Article 25 Governments of the city and of the district should, in accordance with this approach, establish specific rules for implementation in the light of the actual situation of the basic living security of the indigenously recruited farmers.

Article 26