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Administrative Measures On Land Requisition Compensation And Resettlement In Hainan Province

Original Language Title: 海南省土地征收补偿安置管理办法

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(Summit No. 117 of 28 May 2007 of the Government of the People of Southern Province considered the adoption of the Decree No. 207 of 10 August 2007 of the People's Government Order No. 207 of 10 August 2007, effective 1 October 2007)

Article 1, in order to strengthen land collection, protect the legitimate rights and interests of the collective, peasant and other rights of the conquested land, and develop this approach in line with the relevant legislation.
Article 2 collects the collective land of the farmers within the territorial administration (hereinafter referred to as expropriation), which is applicable to compensation and personnel resettlement.
Article 3. The collection of land should be in line with the overall land-use planning. In urban planning areas, it should be in line with the overall urban planning; in the basic farmland protected areas, it should be in line with the provisions of the Department of State and province relating to basic farmland protection.
Article 4
The relevant sectors, such as financial, planning, labour security, at the district level, compensate for resettlement in accordance with their respective responsibilities.
Article 5
(i) The land administration authorities in the city, district, autonomous district and autonomous areas of the land in which they are expropriated and, after the approval of the State concerned;
(ii) After the approval of the expropriation programme, a declaration by the Government of the people of the city, the district, the self-governing district, the licensee's rights within the time period specified in the declaration, the material such as the title of the land is registered to the local land administration authorities;
(iii) Organization of surveying, surveying land rights by land administration authorities in the city, district, autonomous district, and other relevant components, such as artisanal and land-based buildings, which are jointly confirmed by the municipal, district, self-governing territorial administrative authorities and the licensed collective, farmers and other landowners;
(iv) The Land Administration authorities of the city, the district and autonomous districts have developed specific programmes to compensate for the settlement in accordance with the findings and approved territorial programmes;
(v) Land administration authorities in municipalities, districts and autonomous districts will compensate for the placement of specific programme announcements and seek the views of the distributed communities and farmers;
(vi) Farmers collectively and farmers apply for hearings on matters such as the compensation criteria and the means of resettlement, and municipal, district and autonomous land administration authorities should organize hearings in accordance with the provisions;
(vii) The Land Administration authorities of the city, the district, the autonomous district, and the land administration authorities of the requisitioned land, have signed the Removal Compensation Agreement and have implemented the expropriation-related matters.
Article 6 shall not be limited to 15 days of the declaration of the expropriation programme and shall not be compensated for the collective, farmer and other enclave of the licensee after the publication.
The findings of the expropriation programme announcements and the accompanying observations are jointly confirmed by the parties concerned, with the collective, farmers and other encampments attached by the owner to the exhumation, logging, removal, removal, removal, removal, removal, removal, removal, etc., making the original situation difficult to confirm and not to include the scope of compensation.
Article 7 projects such as energy, transport, water, mines, military facilities require the use of land-use land-use land-use land-use land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-use planning, and the self-governing government can submit approvals approval by the people's governments.
Article 8. Line-building projects such as pipelines, communications cables and cables will require permanent land use or construction projects that will not be used for land and should be legitimized for all farmers' collective land without prejudice to the use of the lease or use of the farmers' collective land.
Article 9. Reimbursement costs include land compensation payments, resettlement benefits, adolescent and territorial attachation compensation, removal indemnity and social security payments for expatriated farmers.
Article 10. The criteria for land compensation and resettlement benefits are determined in accordance with the criteria for the harmonization of annual yields or the combined territorial value of the expropriation area. Unification of annual product standards or the application of regional photocopy is approved by the Government of the People of the municipality, the district, the autonomous district.
Article 11
(i) Multi-year crop, based on its type and long-term fertility, is measured by the area of cultivation;
(ii) Short-term crops are measured in terms of actual cultivation;
Mandatory forests and sporadic trees are determined by both sides of the land, in accordance with the status of the trees, or may be entrusted to the assessment body to determine the market price assessment.
Article 12 Reimbursement criteria, such as housing, are determined by the commune, district, self-governing and self-governing peoples' governments, in accordance with their heavy prices, depreciation, etc., to be approved by the Provincial Government.
Article 13 Removal of farmer homes in the process of expropriation shall be compensated and placed in accordance with the following provisions:
(i) Collective rescheduling of the home base to the house of the dispersed, the Government of the communes, districts and self-governing districts collectively pays royalties to the distributor and pays royalties to the dispersed;
(ii) All of the collective land of the occupied land was collected and the village needed to be relocated as a whole, and the Government of the urban, district, self-governing areas were housed in accordance with the criteria for the establishment of housing units per household of 20-40 square metimetres, and the construction costs were deducted from the provision of material compensation payments, such as the home; in part, subsidies were paid to the municipalities, districts, self-governance communities;
(iii) The Government of the people of the city, the district and autonomous districts should pay a lump sum to the dispersioners for payment of royalties, housing, etc.
In accordance with paragraph (i) of the previous paragraph, the re-organization of the home base by the distributor group to the dispersed population concerned the diversion of farmland land without imposing reimbursement for the use of new construction land.
Article 14. The Government of the urban, district and self-governing districts is to be housed for the dispersion of the dispersed, and a transition period should be agreed with the dispersed. During the transition period, the displaced persons themselves arrange temporary accommodations, and the Governments of the municipalities, districts and self-governing districts should pay for temporary accommodation benefits; the municipalities, districts and self-government governments provide temporary swing accommodations without paying for temporary accommodation benefits, provided that the temporary swing house is not allowed to fall short of the area of the local per capita housing area and should be in line with national quality safety standards and associated construction facilities.
In addition to the extension of the transition period due to the responsibility of the dispersed, the temporary accommodation grant should be paid to the dispersionee of the temporary accommodation in accordance with two times the original criteria; and the removal of persons using the swing house should also be paid in addition to the continuation of the swing house.
The Government of the people of the city, the district and self-government should pay relocation grants to the dispersioners when they moved from their homes to their own temporary accommodation or temporary swing house. The Government of the people of municipalities, districts and self-governing areas should pay the relocation grant once again when the dispersed themselves arrange temporary accommodations or temporary swing houses for relocation.
The criteria for temporary settlement grants and relocation grants are determined and adjusted in due course, in accordance with local economic development, the living and material levels of the population.
Article 15, which causes the loss of the source of living and employment security of the expropriated farmers by land, and the Government of the communes of the city, the district, the autonomous district shall, in accordance with the relevant provisions and standards, establish separate approaches to social security for the displaced farmers.
Article 16 Reimbursement costs are charged from the State's land-use right to income, which is jointly paid by the Government of the urban, district and autonomous districts.
Reimbursement for settlement costs is borne by the transferee of land-use persons; the development of plots of land and the inclusion of land-based compensation for settlement costs in land development costs, which are borne by the owners developmenters. The transfer of land-use persons or owners developers shall, within the prescribed time frame, pay expropriation compensation to the Government of the urban, district and autonomous districts.
Article 17
Upon notification of the relocation of the land administration authorities in the city, the district, the autonomous district, and the Farmers to the conquested land for compensation for settlement costs, the collective and the Farmers of the requisitioned land shall receive compensation for settlement costs within the time period requested by the notice, and the municipal, district and autonomous district land administration authorities shall be properly maintained.
No collective or individual shall be excluded from the payment of settlement payments by any group or individual. Sectors such as audit, inspection, finance should be monitored and managed on a regular or no basis for the reimbursement of the cost of resettlement.
Article 19 collects the collective land of the farmers, who may need to be accommodated by a farmer to a non-agriculture, enjoying equal treatment with local urban residents in education, employment, military service, social security.
Article 20 provides for more than 60 per cent of rural collective land within the overall urban planning area, and the communes of municipalities, districts and self-government can convert part of the collective land into the building of land for the promotion of employment and office benefits.
The land area converted to the building of land shall not exceed 8 per cent of the total area of the area of the land in which the communes of the city, the district, the self-governing State may provide a specific proportion according to the circumstances.
Article 21, the remaining land of the land, which was collected by the land, could not meet the production needs, and the Governments of the urban, district and autonomous districts should organize a number of land for collective development of agricultural production in the occupied areas in accordance with the principles of facilitation and proximity.
Article 22 provides for collective bargaining to compensate for the development of the labour force, which is difficult, and the Government of the urban, district and self-governing districts should draw some of the funds from land-reimbursed incomes for collective development of production, placement of the workforce.
Article 23 should have a proportion of funds earmarked for re-employment by the provincial and municipal, district and self-governing authorities each year to train the displaced farmers and improve their employment capacity. Specific implementation options are developed by the provincial personnel labour security sector with the relevant departments.
Article 24, which is in line with the conditions established by the expropriated farmers, shall apply for the registration of unemployment, and public employment services should be processed in a timely manner and granted re-employment support.
Article 25. Lands have contractually contracted local units with recruitment obligations, and field units should be admitted to the employment of the expropriated farmers in accordance with the agreement; they should assume responsibility for default.
Article 26 projects with long-term stabilization benefits, with the decision of the Collective Village People's Conference of the Candiers of the Candidates, the conscription can enter into agreements with the territorial units for land compensation, resettlement payments or construction of land-use rights credit units.
Article 27 Territorial programmes and compensating resettlement programmes that have been approved by law by the State and the provincial priority construction projects have been confirmed by the law, the right to seek compensation for settlement criteria has been awarded in full by law and the settlement costs have been paid in full and are blocked by the recruitment of land by collective or individual individuals, and the authorities of the city, district, self-government can take steps to organize prefabricated constructions and the integration of land.
Article 28, in violation of the statutory procedures for the application of a place of expropriation or the non-recruitment of settlements in accordance with the provisions of the national and present approach, is governed by the law by the legal responsibility of the competent and other persons directly responsible, and reparations are made in accordance with the law for the loss of collective and peasants.
The specific application of this approach is explained by the provincial land administration authorities.
Article 33 The Regulation on Land Inpropriation in the Sea South Economic Zone, published by the Government of the People of the Southern Province on 12 September 1995, was also repealed.