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Requisition Of Collectively-Owned Land Compensation In Wuhan City Placement

Original Language Title: 武汉市征用集体所有土地补偿安置办法

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(Adopted at the 13th ordinary meeting of the Government of the city of Vilhan on 24 November 2003, No. 149 of 22 December 2003 No. 149 of the Order of the People's Government of Vavhan City issued as from 1 February 2004)

Chapter I General
Article 1, in order to strengthen the settlement management of all collective land (hereinafter referred to as expropriation) and to ensure the smooth operation of the expropriation sites, to protect the legitimate rights and interests of rural collective economic organizations, rural villagers or other rights, and to develop this approach in line with the laws, regulations and regulations such as the People's Republic of China Land Management Act, the National People's Republic of China Land Management Act, the Land Management Act of the Northern Province of Lake, in conjunction with the current city.
Article 2 The laws, regulations and the provincial people's governments have also provided for their provisions.
Article 3. Reimbursement is referred to in this approach to the payment of compensation costs and the implementation of resettlement for the benefit of the community-owned rural economic organizations, rural villagers or other rights, in accordance with this scheme.
Article IV is headed by the municipal land administration authorities to compensate for resettlement throughout the city, while they are responsible for the implementation of the settlement in the area of the repayment of settlements within the area of the development of new technologies in the south of the River, Hanoi, Warch, Xi, mountainous and Vavhan economy, and the development of the new technology development area in the south-east of Viet Nam.
The Land Administration authorities in East and West lakes, Hannan, Kungi, New Africa, and Jongang are responsible for compensating the settlement management within the Territory.
Chapter II General provisions
Article 5 Upon the approval of the law, the expropriation programme will be approved by the Government of the Municipalities or by the East and the Lake, Hannan, Kungi, New Africa, the Government of the Horizon region by authorizing the expropriation organs, the approval of books, the use, scope, area, and the time frame for expropriation, the resettlement of agricultural personnel and the processing of land compensation, and the announcement of village announcements in the place of recruitment. Specific work is carried out by land administration authorities.
Article 6 The construction (construction) of the land was constructed and legal documents on the construction (construction) were also provided. Land administration authorities should organize expropriation staff to be verified on the ground.
Rural collective economic organizations, rural villagers or other rights persons who have been expropriated are not allowed to compensate for the registration process without the time to be determined by the land administration authorities.
From the date of the publication of the expropriation, rural collective economic organizations and farmers in the occupied land are not allowed to take possessions, hijacks. Revenues, hidings are not compensated.
Article 7. Land administration authorities, in accordance with approved land-based programmes, will develop expropriation, resettlement programmes with the relevant authorities, inform the communes (communes, sites, streets), the village and hear the views of the local community economic organizations and villagers.
Reimbursement, resettlement programmes are approved by the Land Administration authorities.
Article 8 Removal compensation and settlement disputes do not affect the implementation of the expropriation programme.
Article 9. Reimbursement costs for expropriation include land compensation payments, settlement support payments and local attachation (including construction, construction) and compensation payments for artisanals.
Article 10. Removal of land shall be reimbursed for the purposes of the expropriation of land.
Costs for the confiscation of land should be paid in full within three months of the date of approval of the settlement programme.
Chapter III
Article 11. Reimbursement for land by:
(i) The acquisition of arable land, which is 10 times the average annual product of the first three years prior to that crop;
(ii) Removal of land, forest land and other farmland, with six times the average annual product value of three years prior to the neighbouring land;
(iii) Removal of land-based and unused land, which is compensated for six times the average annual product value of the three years prior to the neighbouring land.
Article 12 No compensation can be obtained; it cannot be harvested and compensated for one-time value. A reasonable compensation cannot be calculated for the value of the product.
The farmland and the electrical drainage facilities, electricity, radio, communications facilities and other consignments are transported by property rights units themselves responsible for the relocation of land units; and cannot be transported and compensated by land units on the basis of the replacement price.
The graves of land occupied by land are charged, by means of a notice by the territorial unit to communicate their own relocation within a period of time and to pay relocations to the grave owners in accordance with the relevant provisions; and by the land administration authorities to deal with the relevant sectors.
Reimbursement under paragraphs I, II and III of this article shall be paid to all persons, with specific compensation criteria established by the municipal price administration authorities in conjunction with the municipal land administration authorities.
Article 13 deals with house demolitions and is implemented in accordance with the provisions of the Modalities for the recruitment of all collective land houses in the city of Vilhan.
Article XIV provides for payment of compensation for the collective economic organization of rural areas, in accordance with the provisions of Article 14.
(i) The temporary use of arable land shall be calculated in conjunction with the average annual product of the previous three years. The use of less than one year is based on two years and is calculated for more than one year (with one year);
(ii) The temporary use of other land with benefits, which is subject to the average annual value of the three years prior to the neighbouring arsenal, shall be compensated for using the annual limit.
Brings and cigarettes in the context of temporary land are attached to compensation for all by actual losses.
Chapter IV
Article 15. Removal of land shall be payable under the following provisions:
(i) The housing allowance for each agricultural population in need of shelter, six times the average annual production value of the cropland for the first three years prior to the requisitioning of the cropland, but each he has been charged with the arsenal, up to 15 times the average annual value of the land for the three years prior to the release of that land;
(ii) Removal of other land with benefits, whichever is six times the average annual value of each agricultural population in need of resettlement for the first three years of the neighbouring land.
Removal benefits are not paid.
Article 16 provides for payment of land compensation and resettlement benefits under Articles 11 and 15 of this scheme, which cannot be allowed to maintain the original standard of living for farmers who need to be accommodated and, with the approval of the Government of the Provincial People, may increase the grant. However, the land compensation rate, the totality of the settlement grant and the 30 times the average annual value of the land for the first three years before it was recruited.
The number of agricultural population required to be installed in Article 17 is calculated at an average of the number of expropriated land, in accordance with the number of cultivated land, in addition to expropriated land.
The agricultural population who have already enjoyed resettlement policy has no longer been included in the area of the need to accommodate the agricultural population in the next place of recruitment.
Persons required to be accommodated by the rural collective economic organization, the provision of the grant is paid to the rural collective economic organization, which is managed and used by the rural collective economic organization; the settlement grant is paid to the settlement unit by other units; the non-recognition of the grant is not required, and the provision of the grant is paid to the insured person or, with the consent of the settlingee, to cover the costs of the insured person.
In accordance with the conditions of social security, after the consent of the insured person, the payment for the social insurance costs of the insured person was met. The specific approach to social security was developed by the municipal labour security sector, followed by the approval of the Government.
Article 19 Rural collective economic organizations that have been expropriated can take steps to collate land, reclaim land, adjust land, conduct businesses and establish funds for the resettlement of persons in need.
Article 20
The grant for the settlement of land must be earmarked and no diversion shall be made.
Regions, communes (communes) Governments and street offices should enhance oversight of the use of settlement subsidies.
Chapter V Legal responsibility
Article 21, expropriation, expropriation of expropriation and other related costs, is governed by law by the inspectorate, the audit department, which constitutes an offence and is criminally liable by law.
Article 22, Staff of the Land Administration, who perform negligence, abuse of authority, provocative fraud, constitute criminal liability under the law, does not constitute an offence and shall be treated in accordance with the law.
Annex VI
Article 23 establishes land area, cropland area, quantity of agricultural population, annual yields, etc., according to data provided by municipal statistical administrative authorities.
Article 24 uses compensation for non-agricultural construction by State farmland to be implemented in the light of this approach.
Article 25
Article 26 The Modalities for the Construction of Land Reimbursement in the State of Warhan City, issued by the Government of the people on 30 March 1994, were also repealed.