Beijing Land Requisition Compensation And Resettlement Options

Original Language Title: 北京市建设征地补偿安置办法

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(April 29, 2004 Beijing Municipal People's Government at the 24th Executive meeting on May 21, 2004, Beijing Municipal People's Government, the 148th promulgated as of July 1, 2004) Chapter I General provisions article in order to protect the landless villagers, rural collective economic organizations and units of land expropriation legal rights, promote economic development and maintain social stability under the People's Republic of China land administration law and the People's Republic of China and other relevant provisions of the labour code, combined with the municipality
    And these measures are formulated.
    Article within the administrative area of the city expropriated peasant collective land in accordance with law, in accordance with this approach to compensation. Third municipal administrative departments in charge of land expropriation compensation management; municipal labor and social security administrative departments in charge of non-agricultural employment and social insurance management; responsible for run up public service personnel management.
    District and County land, labor, civil affairs departments in accordance with the Division responsible for compensation and allocation management within their respective administrative areas.
    Public security, rural departments shall, in accordance with their respective responsibilities for land compensation and resettlement implementation and management. District and county people's Governments shall exercise supervision over compensation and allocation of work within their respective administrative areas management.
    Township people's Government shall assist in land requisition compensation and resettlement work.
    Fourth article of the city adhere to the principle of openness and land requisition compensation and resettlement work, land acquisition compensation determined by the land expropriation law consultations on both sides. Fifth approved expropriation of collective-owned land units (hereinafter referred to as land acquisition units) should pay the compensation fee.
    Land compensation and fees shall be paid in full and on time, in place.
    The land compensation fees to implement minimum standards of protection system.
    Sixth no unit or individual shall embezzle land compensation fees and other related expenses.
    Article seventh rural collective economic organizations and village committees should be in accordance with this regulation in land requisition compensation and resettlement work. Eighth land unit to the chapter of land expropriation compensation compensation costs include compensation for land and resettlement.
    The athletes and other attachments to land should also be paid to the owner of crop compensation fees and other fixtures over land compensation. Young refers to has not been harvested crops.
    Other fixtures include houses, wells, roads, pipelines, canals and other buildings and structures, as well as trees and other cash crops.
    Nineth minimum standards of protection of land acquisition compensation from city land administrative departments at the township level units combined with the landless villagers living, agricultural production, land location and placement of these measures cost and other factors, and submitted to the municipal people's Government announced after the execution.
    Land acquisition and compensation for minimum standards of protection should be based on social, economic development levels adjust. Tenth land unit and the landless rural collective economic organizations or village committees, land acquisition compensation, should be not less than the minimum standards of protection on the basis of negotiated land requisition compensation and resettlement agreement in writing.
    Agreements should include compensation, amount and method of payment of compensation, resettlement numbers and placement, and the young and attachment of land compensation, breach of contract and dispute handling, and so on. Before signing the agreement, landless rural collective economic organization or village committees should be on the main content of the agreement to the village meeting or villagers ' Congress, such as democratic procedures written resolutions. Resolutions should be kept.
    The signing of the agreement, rural collective economic organizations and village committees should be to publicity of rural land expropriation compensation and settlement agreement.
    11th land administrative departments should be on the rural collective economic organization or village Committee in land requisition compensation and resettlement agreement signed before compliance with democratic procedures, land expropriation, the contents of the agreement reached between the Parties monitor the compliance with the legal provisions, and may monitor content listening to rural villagers.
    Land administrative departments when organ to approve land requisition land acquisition programme, should be attached to requisition land requisition compensation and resettlement agreement signed by both parties. 12th District and county people's Governments shall from the date of receiving the approval document of the land expropriated in the 10th township or village for land acquisition notice.
    Announcement of land expropriation shall contain the approval authorities, approval, approve the file name and number, scope, class, the area expropriated land units, project name, sign use, amount of compensation by mutual agreement and personnel and so on.
    13th land unit shall store the land acquisition compensation account, subject to the land administrative departments of the regulation, legally paid.
    Specific measures for the regulation of land acquisition compensation, formulated and published by the municipal land administration authorities.
    Article 14th after the land compensation fees for placement and the remainder as compensation for land to landless rural collective economic organization or village committees, used in the production of rural life.
    Rural collective economic organizations or villagers ' Committee shall disclose the compensation for land use and resettlement, and accept their supervision. 15th mutually agreed to a non-monetary compensation of land expropriation.
    On the premise of suitable land units can be within the range set aside part of the land by the rural collective economic organization or village committees, as compensation.
    16th calculating crop compensation in accordance with article 1 of the value, but perennial crop seedlings in a 1-year output value calculation.
    Compensation in accordance with the relevant provisions of the municipal forest.
    Other cash compensation from expropriation determined according to economic growth on both sides of through consultation may be entrusted with assessing institutions according to which market assessment.
    Article 17th demolition of residential houses, according to the Beijing municipal regulation on collective land expropriation and the Executive. Removal of non-residential houses and other buildings and structures, according to reset to the new price compensation; public facilities relocation of public interest, it should be relocated.
    Suspend economic loss caused by demolition business purposes, should be in accordance with the provisions to suspend payments at once.
    Removal does not exceed the limit for temporary buildings, according to reset to the new price to be appropriate compensation exceeded the approved duration of temporary structures and illegal construction, without compensation. Article 18th illegal construction, illegal occupation of land, involving attachment of land without compensation.
    After the announcement of land expropriation, newly planted seedlings throughout the land, crops, trees, and so on, without compensation. Chapter III personnel article 19th expropriation of peasant collective land, rural villagers should at the same time to non-agricultural. Number should be converted to non-agricultural rural villagers, according to the amount of land expropriated by dividing the land expropriated before the rural collective economic organizations or of the amount of land per capita.
    Should be converted to non-agricultural rural population age structure should be consistent with the age structure of the population of the rural collective economic organization. 20th the rural collective economic organization or villagers ' committees shall, within 60 days from the date of announcement of land expropriation determined should be converted to non-agricultural workers, non-agricultural labour force, Super transfer list to the rural public, and reported to the district and County public security, labor and social security and the Ministry of civil affairs.
    Duties of each department concerned shall, in accordance with relevant formalities.
    Run up personnel placement in accordance with the relevant provisions of the municipal people's Government.
    Article 21st minors under the age of 16 and 16 years old and above are students receiving compulsory education and academic education, to non-agricultural formalities only, do not enjoy the treatment of the non-agricultural labor compensation as provided herein.
    22nd article to a non-monetary compensation in accordance with article 15th of this approach, rural collective economic organization or village committees should ensure that non-labour and run up personnel requirements for rehousing by way of compensation.
    Employment promotion article 23rd of the fourth chapter of the non-agricultural labour force employment priority should stick to the land units, autonomous employment of laborers, the Government policy to promote employment. 24th land unit when recruiting employees, should give priority to employing non-agricultural labor force.
    Township enterprises, the rural collective economic organization conditional, non-agricultural employment can be absorbed.
    Encourage employers to recruit non-labor.
    25th of public employment services should be provided to non-agricultural labor force vocational guidance, employment agencies, vocational skills training and other employment services.
    Section 26th unit when not in the labor force in the land use, land unit shall be paid out of the compensation unit once job subsidy of non-agricultural labour force self-employment, employment subsidies paid to himself at once.
    27th article one-time employment subventions not below following standard: (a) turned non-labor years full 30 age, and discontent 40 age of, for land Shi this city months minimum wage standard of 60 times times; (ii) turned non-labor male years full 55 age, and female years full 45 age of, for land Shi this city months minimum wage standard of 48 times times, age each increased 1 age decline one-sixth, to reached national provides of retired age Shi check; (three) other turned non-labor for land Shi this city months minimum wage standard of 48 times times. 28th in accordance with these measures article 26th in the non-agricultural labour units shall be in accordance with the provisions of the labor-management laws, regulations, rules, non-agricultural labour pre vocational skills training the implementation of equal pay for equal work, and abide by the following provisions: (a) the labor contract with the non-agricultural labor force and to the district and County labor and social security departments for the land recruit filing procedures.
    Non-agricultural labor force requires no fixed-term contract shall enter into labor contracts without a fixed term, and no probation.
    (B) and non-agricultural labor force to fulfil employment contracts under the age of 5 years and the non-agricultural labor force does not meet state-mandated retirement age, when the rescission or termination of the labor contract, every little performance 1, one-time employment subsidy in accordance with one-fifth of the return to non-agricultural labor force, less than 1 year, 1 year.
    Article 29th of non-agricultural labour force self-employment, should work with the Township people's Governments and rural collective economic organization or village Committee self-employment agreement signed and notarized by notary. Self-employment agreement signed in accordance with the provisions of the preceding paragraph, non-agricultural labour should go through employment registration files go to municipal or district or County employment service center and pay social insurance fees in accordance with State and municipal regulations.

    Article 30th non-agricultural labour force unemployed, can I file go to the domicile of the district and County unemployment insurance agencies, and handle the unemployment register, apply for unemployment insurance procedures.
    Relevant departments shall, in accordance with the regulations for the issuance of the preferential reemployment certificate in Beijing.
    Unemployed non-agricultural labor force and unemployment of the non-agricultural labour force, enjoying preferential policies to promote employment in the city.
    31st is serving in prison or reeducation-through-labor's non-agricultural labor force, its one-time employment subsidies paid to the delegate of people or by the rural collective economic organization or village committees for safekeeping, until after being released from prison or released at once paid to himself. 32nd archives of non-labour force by the rural collective economic organization or village committees are responsible for establishing.
    Archives and related materials should be non-agricultural labor force in the registration form, self-employment self-employment should be notarized agreement.
    Fifth chapter social security article 33rd month approving land, non-agricultural labour should be in accordance with the provisions of national and municipal participation in the social insurance and pay social insurance fees.
    Rural collective economic organizations or village committees should be to non-agricultural formalities in the non-agricultural labour force in the 30th after, district and County social insurance agency for its participation in social insurance procedures, and pay social insurance fees.
    Non-agricultural labor force to pay social insurance contributions by land units directly from the land compensation fees paid to its own district and County social insurance agencies. 34th section not in the labor force reached the retirement age stipulated by the State, cumulative pay basic old-age insurance premium aged 15 years and over, and enjoy the benefits of receiving a monthly pension. Basic old-age pension consists of a basic pension and personal account pensions consists of two parts. Base pension according to when I retire next year 20% of the workers ' monthly salary calculation; individual account according to the personal account one-one hundred and twentieth calculation of the cumulative amount of storage.
    Non-agricultural labour monthly basic pension is lower than the minimum standards of basic old-age pension, in accordance with the minimum standards for issuing and implementation of the unified basic old-age pension adjustment provisions.
    Non-agricultural workforce reaches retirement age stipulated by the State, cumulative pay basic old-age insurance premiums of less than 15 years, does not enjoy the benefits of receiving a monthly pension, their individual accounts stored once paid to himself, and terminate the insurance relationship.
    Article 35th when granting land, non-agricultural labour force males reaching the age of 41, 31 years of age women to pay 1 year basic old-age insurance premiums; age 1 added to each additional 1-year basic old-age insurance, pay up for 15 years. Pay the basic old-age insurance according to law when approving land average wage of staff and workers in the city of 60% in the previous year as the base, once in 28% to pay.
    After the payment, by the social insurance agency in accordance with the ratio of 11% for its basic old-age insurance personal accounts at once.
    36th non-agricultural labor force reaches retirement age stipulated by the State, basic medical insurance payment years men 25 years, women 20 years of age and meet the conditions for receiving a monthly pension, retired after the procedure receive basic medical insurance benefits for retirees; do not meet the above conditions do not enjoy basic medical insurance benefits for retirees, personal account balance is a one-time payment to himself.
    37th according to law when approving land, non-agricultural labour force males reaching the age of 31 to pay 1 year basic medical insurance premiums, until the age of 51 years ago 1 added to each additional 1 year pay a maximum 10 years; 51 years of age pay 11 basic medical insurance premiums, before retiring to each additional 1, Supplement 1, pay up for 15 years.
    When approved by law of land expropriation, non-agricultural labour women over the age of 26 to pay 1 year basic medical insurance premiums, to 41 years of age added to 1 for each additional 1 year earlier, pay at most 5; 41 years of age pay the basic medical insurance for 6 years, before retiring to each additional 1, Supplement 1, pay up for 10 years. To pay basic medical insurance premiums to the law when approving land average wage of staff and workers in the city of 60% in the previous year as the base, once in 12% to pay.
    After the payment, by the social insurance agency will 9% into the solidarity fund, 2%, 1% into the large medical assistance funds into personal accounts.
    38th article not in the labor force by this way article 35th of disposable pay basic endowment insurance, pay the basic old-age insurance period regarded as basic medical insurance payment period, but up to 10 payment years.
    39th non-agricultural labor force in accordance with the approach after the 37th article to pay basic medical insurance premiums, before reaching the retirement age prescribed by the State continues to pay basic medical insurance, enjoyed basic medical insurance for the period of treatment; not to pay basic medical insurance premiums, do not enjoy basic medical insurance benefits for the current period. 40th law when approving land, non-agricultural labor force reached the age of 16 to pay 1 year unemployment insurance premium, to meet state-mandated retirement age, each additional 1, Supplement 1, pay up for 20 years.
    Pay unemployment insurance premiums to the law when approving land average wage of staff and workers in the city of 60% in the previous year as the base, once in 2% to pay. Non-agricultural labor force unemployed, receiving unemployment insurance benefits pursuant to the provisions. But during the period of receiving unemployment insurance self-employed, don't perform they receive unemployment insurance compensation provisions.
    Not receiving unemployment insurance period shall be maintained, with unemployment again should the period of receiving unemployment insurance compensation after the consolidation.
    Demobilized in the 41st to change not in the labor force, and the military work of the period regarded as social insurance premium payment period. Participated in the towns of peasant workers ' social security non-agricultural workforce, their participation in the length of time as the payment of the social security of migrant workers.
    But lump sum pension insurance, a one-time living subsidy, not counting the length of pension insurance and unemployment insurance contributions.
    42nd is serving in prison or reeducation-through-labor's non-agricultural labor force, the compensation provisions of this chapter shall apply.
    The sixth chapter legal liability article 43rd to embezzle or land compensation fees and other related costs, or the Inspection Department shall be given administrative sanctions by the authorities at constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 44th of land, labor and social security, civil affairs, public security and other relevant administrative departments to perform their duties, by the competent authority shall order correction within, it fails, shall be liable persons in charge and other direct liable persons of administrative responsibility.
    Seventh chapter supplementary articles article 45th meanings of the following terms in these measures are: non-agricultural labour force refers to the land to non-agricultural accounts and the ability to work within a legal working age range of people, not including the 16 years old and above are students receiving compulsory education and academic education.
    Run up personnel refers to the land to non-agricultural and males reaching the age of 60 and women over the age of 50 and above staff and accredited personnel complete loss of ability to work.
    Above would calculate the approval date of the expropriation shall prevail.
    Article 46th after rural villagers to non-agricultural accounts, lost on accumulation of rural collective economic organizations shall not enjoy property rights.
    47th State large and medium sized Water Conservancy and hydroelectric engineering construction compensation otherwise provided, from its provisions.
                                                                  48th article of the measures shall come into effect on July 1, 2004, October 6, 1993 issued by the Municipal Government of the city construction of Beijing agriculture changing of personnel placement and the abolition of land expropriation.