Key Benefits:
(Adopted by the 24th ordinary meeting of the Government of Beijing, 29 April 2004, No. 148 of 21 May 2004 of the Beijing People's Government Order No. 148 of 1 July 2004) Chapter I General Article 1 promotes the economic development of the capital and preserves social stability in order to protect the legitimate rights and interests of the displaced rural villagers, the rural collective economic organization and the unit of expropriation, in line with the relevant provisions of the People's Republic of China Land Management Act, the People's Republic of China Labour Code. Article 2 Article 3 is responsible for the administration of land administrations; the municipal labour security administration is responsible for the transfer of non-force employment and social insurance management; and the municipal civil affairs sector is responsible for the management of over-transfer personnel. Districts, land, labour guarantees, and the civil affairs sector are responsible for the specific management of the settlement in accordance with the division of labour. Sectors such as public security, rural work should be managed in accordance with their respective responsibilities to compensate for resettlement. Regional, district and local governments should monitor the compensation of resettlement within the current administration. The Government of the communes should assist in the compensation of resettlement. Article IV. Article 5 shall be subject to the approval of the unit for the recruitment of all land belonging to farmers (hereinafter referred to as expropriation units). The expropriation rate shall be paid in full and on time. The minimum protection standard system is applied to the charging fees in this city. Any units and individuals in Article 6 shall not be intrusive, expropriated and other related costs. Article 7 Chapter II Article 8. Reimbursement payments paid by the expropriation unit include land compensation and resettlement benefits. In the case of young and other land-containings, it should also be accompanied by compensatory payments to the owner. Young meals refer to crops that have not been harvested. Other land is attached to homes, water wells, roads, pipelines, watershed buildings, constructions and forests and other economic crops. Article 9. The minimum protection criteria for the compensation of landlords are determined by integrated factors such as the standard of living of the rural villagers in the occupied land, the agricultural value, the place of land and the personnel settlement costs set out in this scheme, which are approved by the Government of the city. The minimum protection criteria for expropriation rates should be adjusted in accordance with the level of social, economic development. Article 10 shall enter into a written expropriation settlement agreement on the basis of the Minimum Protection Standards for Reimbursement for the Recruited Rural Collective Economic Organization or the Village National Commission, which shall not be less than that of the city. The agreement shall include the form of compensation, the amount of compensation and the manner of payment, the number of persons placed and the manner in which they are accommodated, the accommodation and land are attached to material compensation, the breach of responsibility and the manner in which the dispute is resolved. Prior to the signing of the agreement, the Collective Economic Organization of the Rural Region or the Village People's Committee should form a written resolution on the main elements of the agreement, as well as democratic processes such as the Village People's Congress or the Village People's Congress. The resolution should be preserved properly. After the signing of the agreement, the Rural Collective Economic Organization or the Village People's Committee should provide an indication of the resettlement agreement to the rural villagers. Article 11. Land administration authorities should monitor the implementation of democratic procedures before entering into a settlement agreement between the rural collective economic organization or the Villagers' Commission, and whether the content of the agreement between the parties on the ground is in accordance with the law and be heard by the rural villagers on the monitoring content. The land administration authorities should be accompanied by the expropriation settlement agreement signed by the parties of the expropriated land when they are sent to the approval of the land confiscation programme. Article 12 The content of the expropriation announcement should include the approval of organs, the time of ratification, the name of the approval of the document and the number of books, the scope of the expropriation, the land area, the unit of the expropriation, the name of the project and the expropriation, and the terms of the territorial compensation of the parties' agreements and the manner of the placement of persons. Article 13 quarantine units should store expropriation fees and accept the supervision of the land administration authorities and make payments under the law. Specific approaches to the regulation of expropriation rates are provided and published by the municipal land administration authorities. Article 14. Reimbursement costs are incurred after the placement of persons, and the remainder is paid as a land compensation payment for rural collective economic organizations or villagers' councils for the productive lives of rural villagers. Rural Collective Economic Organization or Village National Commissions should be monitored by the use of public land compensation and settlement subsidies under the law. Non-monetary compensation can be applied by both the parties in the quest. Subject to planning, expropriation units may be used by the Rural Collective Economic Organization or by the Villagers' Commission as an expropriation. Article 16 Remuneration is calculated according to the value of the first birth, but multi-year-old crop-growths are calculated in accordance with the 1-year value. Compensation for forest wood is implemented in accordance with the relevant provisions of this city. Reimbursement for other economic crops are determined by the parties in the quest area in accordance with the consultations on the situation of economic crops; the consultations are incomplete and can entrust the assessment body to determine the market price assessment at that time. Article 17 dismantled homes and is implemented in accordance with the Harmonization of Collective Lands in Beijing City. Removal of non-resident homes and other buildings, constructions are compensated for new prices; public utilities need to be relocated and should be relocated. The removal of commercial properties has resulted in economic losses of the suspension and should be granted a one-time suspension grant under the provisions. The removal of temporary buildings that do not exceed the period of ratification is duly compensated for new prices; temporary buildings and infractions over the period of ratification are not compensated. Article 18 After the publication of the Landsletter, the new plantations, economic crops, forest wood etc. are not compensated. Chapter III Article 19 expropriates the collective land of the farmers and the corresponding rural villagers should be converted simultaneously to non-agricultural counterparts. The number of rural villagers who should be converted to non-agricultural households shall be calculated in accordance with the number of confiscated land in the rural collective economic organization or the number of land per village. The age structure of the rural villagers that should be converted to non-agricultural households should be consistent with the population's age structure of the rural collective economy. Article 20 The relevant departments should conduct the relevant procedures in accordance with their responsibilities. The super-transfer approach is implemented in accordance with the relevant provisions of the Government. Article 21, minors under the age of 16 and those who are receiving compulsory and educational education over the age of 16 years, is not entitled to redress for transgender non-farm settlements as provided for in this scheme. In accordance with article 15 of this approach, non-monetary compensation should be provided by the Rural Collective Economic Organization or the Village National Commission to ensure that the costs for the transfer of non-farm and super-transfer personnel are met. Chapter IV Employment promotion Article 23 Employment for the transfer of non-forces should insist on the priority recruitment of local units, the self-employment of workers, and the Government's approach to employment promotion. Article 24 should give priority to the recruitment of non-farm agents. Town enterprises and rural collective economic organizations are eligible to absorb non-farm employment. It was encouraged to recruit non-farm units. Article 25 Public employment services should provide vocational guidance, vocational presentations, vocational skills training for the transfer of non-forces. Article 26 Removal of non-farm workers was admitted by units at the time of recruitment, and the expropriation unit should pay a one-time employment grant from the expropriation indemnity payments; a one-time employment allowance paid to himself for the conversion of non-farm self-employment. Article 27 provides that a lump-sum benefit is not less than the following criteria: (i) Removal of the age of 30 years and under 40 years of age from the labour force, which is 60 times the minimum wage for the month of the time of recruitment; (ii) Removal of the age of 55 years for non-farm men and 45 years for women, 48 times the minimum wage for the month of the city at the time of recruitment, one of the six times the age has been reduced to one of the six years, until the retirement age set by the State; (iii) 48 times higher than the minimum wage for the month of the current city in connection with other conversions of non-forces. Article 28, in accordance with article 26 of this approach, provides for the recruitment of units that are not employed in the labour force, shall apply for equal pay for non-farm work, pre-vocational skills training, in accordance with labour laws, regulations, regulations and regulations, and shall comply with the following provisions: (i) A labour contract with the transfer of non-forces and a recruitment process for the land area and the district labour security sector. The transfer of non-forces requires the conclusion of a fixed-term contract, which shall enter into a fixed-term labour contract with them and shall not agree on a probationary period. (ii) A one-time employment grant was returned to the non-worker for a period of one year in accordance with the proportion of one fifth and less than one year for a period of less than one year and for a period of less than one year. Article 29 reproduces the self-employment of the non-fabricant labour force and shall enter into self-employment agreements with the commune government, the rural collective economic organization or the villagers' councils and be publicized by the public accreditation body. In accordance with the preceding paragraph, the transfer of non-fabricated labour forces shall be subject to employment registration procedures, transfer of archives to urban or district, district vocational information services centres and payment of social insurance in accordance with national and present municipalities. Article 33 transfers of non-workerable unemployment may transfer their own archives to the treasury area, the district unemployment insurance agency, and procedures for unemployment registration, and the introduction of unemployment insurance payments. The relevant sectors should issue the Re-Eurgation Award for Beijing City, as required. Unemployment is not a labour force and a unit that recruits the non-work force for unemployment, which enjoys preferential policies for employment in this city. Article 31 is in the process of relapsing into the labour force with a prison sentence or a labour correction, whose one-time employment allowance may be paid to the person entrusted to it or may be kept by the rural collective economic organization or by the villagers' councils, pending the release of their sentence or the release of a lump-sum payment to himself. The archives transferred to the non-force are established by the Rural Collective Economic Organization or the Village People's Committee. In the archives, non-forced labour registration forms and related materials should be transferred, and self-employed self-employment agreements should also be certified. Chapter V Social insurance Article 33, which had been approved for the month of recruitment, should be transferred to the labour force in accordance with the provisions of the State and the city and pay social insurance as provided for. The Rural Collective Economic Organization or the Village People's Committee shall, within 30 days of the transfer of non-farm workers to non-agricultural households, bring social insurance payments to the district, district social insurance agencies for their participation in social insurance procedures. The social insurance premiums transferred to non-fabricated labour force are paid directly from the expropriation unit to its district, district social insurance agencies. Article 34 reproduces the non-farm of the age of retirement established by the State, paying the basic old-age premiums for 15 years and more, and receive basic pension entitlements in the month. The basic pension is composed of two parts of the basic pension and personal accounts pension. The basic pension was paid at 20 per cent of the monthly average monthly salary of the current occupants at the time of their retirement; the pension of the individual accounts was distributed in accordance with one of the 1002 of the accumulated stock in the personal accounts. The transfer of non-fabricated labour is less than the minimum standard for basic pensions in the current city, according to the minimum standards and the implementation of the uniform provisions for basic pension adjustment. The transfer of non-farm workers to the age of retirement provided by the State has resulted in a cumulative payment of basic old-age premiums for up to 15 years without access to basic pension entitlements for the month, a one-time payment for their personal accounts and termination of the old insurance relationship. Article XV of the law authorizes the removal of the non-fabricated labour force for a period of 41 years for males and 31 years for females; an increase of 1 year's basic old-age premium for up to 15 years per year. The amount of 60 per cent of the average salary of workers in the previous year was added by law to a lump sum of 28 per cent. Upon completion, the Social Insurance Agency established a personal account for the basic old-age insurance for it on a one-time basis, in accordance with 11 per cent. Article XVI provides for the treatment of the basic health insurance for retired persons in the event of the transfer of non-forces to the age of retirement established by the State, with the cumulative pay of 25 years for the basic health insurance period, 20 years for women, and in accordance with the basic pension conditions of the month, after the retirement process, the basic health insurance treatment for retired persons is not in accordance with the above conditions, and a one-time balance in the individual accounts payable to themselves. Article 337, when authorized by law, pays the basic health insurance fee for one year for the period up to 31 years of age for non-workers, up to 10 years for up to one year before the age of 51 years and up to 15 years for up to one year before the retirement age. In the event of approval by the law, the net health insurance fee for the period up to the age of 26 years for the transfer of women from the labour force increased by one year before the age of 41 years, up to five years, up to the age of up to the age of 41 years and up to a maximum of 10 years, up to one year before retirement. The amount of 60 per cent of the average salary of workers in the previous year was added to a lump sum of 12 per cent by law. Upon completion, 9 per cent of these were transferred from the Social Insurance Agency to the Integrated Fund, 1 per cent to the Fund for Mutual Assistance in Medical Services and 2 per cent to the Personal Account. Article 36 of this approach provides for a one-time payment of basic old-age premiums, which shall be paid for the same year as the basic health insurance pay, subject to a maximum of 10 years. The transfer of non-farm workers to pay basic health insurance payments under article 37 of this scheme continues to pay basic medical insurance expenses before the age of retirement established by the State, and to receive the basic medical insurance treatment for the current period; Article 40 provides for an additional year of unemployment insurance for the period up to 16 years of age and up to 20 years before the age of retirement established by the State. The amount of 60 per cent of the average salary of workers in the previous year is based on an average of 60 per cent of the previous year's salary at the time of legal approval. After moving away from the labour force, unemployment insurance treatment is provided. However, it was self-employed during the payment of unemployment insurance payments without implementing a one-time provision for unemployment insurance. The period of non-payment of unemployment insurance payments was retained and the period for which unemployment insurance payments should be made once again. Article 40. Demobilization of veterans in the non-farm workforce, whose military work is limited to the payment of social insurance contributions. The transfer of social insurance for farmers in urban enterprises is not the labour force, and the time for their participation in the social insurance for farmers is calculated as the payment period. However, a one-time payment for old-age premiums, a one-time living allowance is not calculated for the years of payment for old-age insurance and unemployment insurance. Article 42 is in the process of relapsing into the labour force for periods of imprisonment or for the rehabilitation of the labour force, which shall apply the relevant provisions of this chapter. Chapter VI Legal responsibility Article 43 expropriation, misappropriation and other related costs are governed by the law by the superior authority or the inspectorate, which constitutes an offence and is criminalized by law. Article 44 governs administrations such as land, labour guarantees, civil affairs, public safety and security that do not carry out their duties under the law and are subject to correction by their superior authorities, and are not later rectified and are held accountable for the administrative responsibility of the responsible person and other persons directly responsible. Chapter VII The meaning of the following wording referred to in this approach is: The transfer of non-forces means persons who convert to non-agriculture and have labour capacity within the statutory age of labour, excluding students who are receiving compulsory education and education over 16 years of age. The super-transfer refers to the conversion of expropriation to non-agricultural households and to the age of 60 years for males, the age of 50 years for women and the persons who have been found to have lost their labour capacity. The above-mentioned age is calculated on the basis of the date of approval by law. Article 46 does not lose the property rights to be enjoyed by rural collective economic organizations after the conversion of rural villagers to non-agricultural households. Article 47 provides for compensation from the State for the construction of large-scale hydropower and hydropower works. Article 48, which was implemented effective 1 July 2004, was repealed at the same time by the Government of the people of the city of Beijing, on 6 October 1993 on the construction of landlords. |
