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Interim Measures For The Unified Land In Jinan City

Original Language Title: 济南市统一征用土地暂行办法

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(Summit No. 204 of 28 April 2003 by the Government of the Overseas Territories)

Chapter I General
Article 1, in order to strengthen land management, ensures the smooth conduct of land use and preserves the legitimate rights and interests of all persons and users of collective land. In line with the People's Republic of China Land Management Act and the approach to the implementation of the People's Republic of China's Land Management Act, this approach has been developed in conjunction with the current city.
Article 2 refers to the State's needs for public interest and the planning of the land, which, in accordance with the prescribed procedures and authorizations, is provided by law to the rural collective economic organization and to the farmers for the collective land of the farmers.
Article 3 applies to the use of land in the territorial areas of the city, in the city, in the tropolitan area, in the space, in the area of the city, in the area of the administration of the long-term zone (including the area of industrial development of high-new technologies).
Article IV quarants of land, under the leadership of the municipal government, are governed by the competent authorities of the city's Land Resources Administration, which specifically entrusts the Office of the Recruitment (hereinafter referred to as expropriation). The zonland resource management, under the guidance of the city's Land Resources Administration, cooperates with the clearance of land.
People's governments, communes (communes), street offices are responsible for the organization of the expropriation units and for securing the smooth operation of land use.
The municipalities plan, planning, finance, labour and social security, civil affairs, public safety, housing, agriculture, forestry and water conservation sectors should be tailored to their respective responsibilities.
Chapter II
Article 5 Community governments implement unified land use and any other unit and individual may not consult with the Rural Collective Economic Organization for the settlement of land and shall not enter into an expropriation agreement with them.
Article 6. Harmonization of land use can be implemented in three ways through expropriation, project loading, and individual choice sites.
The expropriation of land means that the Government concentrates on the use of land on the basis of public interest and the planning needs.
The project was tied to land for use as a result of the Government's placing multiple items on the ground after the land was sealed.
Separate access to land refers to the use of land by the Government for projects that meet the conditions of a separate choice or separate submission, and to the use of land by the project.
Article 7. The construction of the project unit shall apply to the administrative authorities of the city's resources for the use of the land through the project's lock-up and the separate choice of land. The authorities of the city's resources administration shall, within 10 days of receipt of the request for use, provide responses and inform the territorial unit of the application in writing.
Article 8
(i) In the area in which land is used, the Office of the Ombudsman has posted the Municipal Government's Removal Restriction notice and has informed the relevant authorities of the suspension of evictions, sub-houses, house transactions, doubling (expression) construction, renovation, licensing of nuclear operations and the restructuring of the agricultural industry sector.
(ii) In conjunction with the territorial resource management in the area of the land area to conduct investigations into the titles, localities, status, population, develop agricultural land transfer programmes, supplementary cropland programmes and land confiscation programmes (referred to the preparation of land-use programmes) and prepare a presentation of land-use statements, review by the municipal resource administration authorities, posting municipal government clearances, which are submitted under the statutory procedures.
(iii) In 10 days after the approval of the land confiscation programme, the requisitioning authority, the approval of the books, the owner, location, area, and territorial compensation criteria, the personnel settlement approach, the time period for the processing of registration, the place of residence, etc., in the communes (communes), the village announcements.
(iv) The owner and the right to use land shall have, within the period specified in the declaration, the collective land ownership certificate, the collective land-use certificate and other effective rights-based certificates, which shall be made available to the designated location for the settlement of the registration. No expropriation is registered within the prescribed time period, and its compensation is subject to the findings of the territorial resource management in the field and the area.
(v) In accordance with registration, the Land Resources Management Service will develop a land compensation settlement programme with the relevant departments, and, after clearance by the municipal authorities of the land resources administration, in the communes (communes), the village announcement. The owner and the owner of the land recruited shall have different views on the land-removal settlement programme, which shall be submitted within 10 days of the date of the announcement.
(vi) The Office of Territorial and Territorial Resources Management, in accordance with the observations and recommendations of the requisitioned landowner and the use of the holder, has made changes to the land-use compensation settlement programme, which was approved by the city's territorial resource administration authorities, is submitted to the municipal authorities for post-community announcements and will be paid in full within 90 days.
Article 9. Removal of land shall be reimbursed for the purposes of the expropriation of land. Depending on land use, the cost of expropriation can be divided into land compensation payments, the provision for the accommodation of persons, and the provision of compensation for artisanals and land.
Article 10
(i) The land of the rural collective economic organization was fully expropriated, the construction of the rural collective economic organization was cancelled, and the placement of land compensation payments, staff resettlement grants, young meals and land-content compensation payments to the competent communes (communes), the office was to be accommodated by the competent communes (communes), the office, which was provided for the resettlement of members of the local economic organizations that were cancelled.
(ii) The land of the rural collective economic organization was partially expropriated and the land was to be paid to the rural collective economic organization by entering into agreements with the rural collective economic organizations of the expropriation.
The cost of land compensation is for the development of production and resettlement of farmers, and the provision of support for the placement of persons is paid to the resettlement unit or to the resettlementee, and for the payment of the royalties to the owner.
Article 11. The land confiscation programme, which is approved by law and compensated by the parties, shall be delivered by the expropriation units in accordance with the time period specified in the land agreement. Removal settlement disputes do not affect the implementation of land programmes.
Article 12 provides incentives for the early completion of the task of compensating land for use by the municipality to the local government, communes (communes), offices, rural collective economic organizations.
Article 13 provides for the development of land and urban construction after new construction proceeds are paid to the city.
The Office of the United Nations High Commissioner for Refugees (UNHCR) may take a proportion of expropriational service payments in the total land price and include expropriation costs. The criteria for the payment of royalties are developed by the Urban Land Resources Administration authorities in conjunction with the municipal financial sector.
Chapter III Land compensation
Article 14.
Article 15
(i) The land compensation rate is eight-10 times the annual value of the arable land for the arable land within the urban planning area.
(ii) The cost of land compensation for arable land outside urban planning areas is 6-8 times the annual value of the cropland.
(iii) The land compensation rate for vegetable land is eight-10 times the annual value of the vegetable land.
(iv) To extract farmland, horticulture, water cigarettes, the land compensation rate is 5-6 times the annual value of the arable land of the arable land.
(v) The collective construction of land occupied by communes (communes), village public facilities or public goods, communes and rural villagers, and the land compensation rate is 5-7 times the annual value of arable land.
(vi) Inadvertent land use, the land compensation rate is three times the annual value of the arable land for which the land is charged.
The specific compensation criteria are set out in Schedule I.
Chapter IV
Article 16 lists of the population in which land is required to be installed, calculated according to the number of cultivated land in which the number of cultivated land has been removed from the land area prior to the expropriation.
The number of placements and the age of the person being placed on the ground are determined to be specifically placed. The entrants should be determined by the approval of the communes (communes) and the office. The communes (communes), offices should be registered by the settlingr to present the clearance case.
Article 17 The specific subsidy criteria are presented in schedules II and III.
Removal of non-exclusive accommodation benefits for persons without land use.
Article 18 provides for the placement of the entrant in the form of social insurance, employment and the adaptation of land. A specific approach to social security integration is developed by the Urban Land Resources Administration, in conjunction with the municipal labour and social security sector, which is published after the approval of the municipal government.
The following Article 19 benefits are paid by:
(i) The commune is a fifth occupier, where the commune (commune), office or rural collective economic organization assigns a lump-sum grant to the Civil Affairs Department (communes), which is provided by the Civil Affairs Department.
(ii) The encumbered personnel are active soldiers, and the communes (communes), offices or rural collective economic organizations will grant a one-time payment to the civil affairs sector at the location of the former household, pending their release, to which the civil service is granted as a lump-sum payment.
(iii) A person who is serving a sentence or a labour rehabilitation service, whose residence allowance is administered by a commune (commune), office or a rural collective economic organization, with exclusive storage, pending the release or release of his sentence, pays one-time payment to himself.
Article 20 of the Land of the Rural Collective Economic Organization of the Ministry of Rural Economies, which employs less than 132 square meters of per capita arable land, requires that the payment of the allowance be paid up to five individuals per acre. The cost was paid directly to the Rural Collective Economic Organization, which was hosted by the Rural Collective Economic Organization.
Article 21 has not been reintroduced by other new recruits except those who have been born under the law, since the publication of the Land Removal Order, which has been approved by law.
The extent of the number of persons placed is for all members of the rural collective economic organization (including the large, secondary and university students attending school) and the age of the insured person is calculated from the date of publication of the land freeze announcement.
Chapter V
Article 2
Article 23 of the Government develops land for use, villages need to be relocated, and the dispersed should have a collective land use certificate or a home ownership certificate to the territorial resource management of the area.
Housing compensation is dominated by the construction of houses, with a standard of 40 square meters per person (in the area of construction, under the same conditions). The original housing area is accommodated at 40 square meters per capita, partially by the wards at 300 per square met; the original housing area exceeds 40 square meters per capita; and the accommodation is to be purchased in accordance with the price standards of the affordable housing.
The housing area is no longer provided under this Article, which is not compensated for by the same portion of the standard area of accommodation.
Upon the date of the relocation and the relocation of the house, a transitional settlement grant is paid at the standard of $800,000 per person per month for the rental of housing homes by the occupants.
Article 24 of the Rural Collective Economic Organization's land is small and needs to be removed from sporadic homes, which are subject to monetary compensation. The dispersed should have a collective land use certificate or a housing title certificate to the territorial resource management of the area where the home country is located to apply for housing compensation. The specific compensation criteria are set out in schedule IV.
Reimbursement will be reorganized by the expropriation unit according to the criteria established for the removal of the base by the dispersed and shall be governed by the law.
Article 25 The house of the entrant was dismantled and the relocation was required, with the cost of moving at 50 per person, with less than 100 kidnapped.
Article 26 Removal of homes (communes), public facilities in the village or public utilities, communes and other non-occupants shall be subject to the Collective Land Use Certificate or the Housing Title certificate to the territorial resource management of the land area. The specific compensation criteria are set out in schedule IV.
The demolition of residential facilities and relocation losses, relocation costs, etc., are reimbursed by 10 per cent of the total cost of the construction (construction) material compensation.
Article 27, after a compensation agreement was signed by the dispersed, the original “collective land use certificate” and the home ownership certificate were cancelled by the relevant authorities. In one of the following cases, no compensation shall be paid:
(i) No construction (construction) of a land rights certificate and a housing certificate.
(ii) After the publication of the Declaration on the Removation of Lands, which was approved by the law, the construction of crop crops, planted trees and planted planted trees and planted construction (constructions).
A further article 28 is attached to the standard of compensation for material.
Chapter VI Legal responsibility
Article 29, after the approval of the law and the settlement programme, the collective landowner and the right to use the land exceeds the time limit for the relocation of the land-use administrative authorities, which are responsible for the relocation of the land-use land area, which is later unmovable, is requested by the municipal authorities for the enforcement of the People's Court.
Article 31 sets out false leave in the process of compensating the place of residence, takes the lead, unlawfully occupied places of reimbursement for settlement costs, and is redirected by the administrative authorities of the city's land resources, refunding the settlement fee; and criminal liability is held in accordance with the law.
Article 31 obstructs and destroys the use of land and impedes the enforcement of public service by the resources of the land, which is sanctioned by the public security authorities in accordance with the Regulations on the Safety and Security of the People's Republic of China; and acts of criminal responsibility by law.
Article 32 provides administrative disposal in accordance with the relevant provisions in cases of misconduct, abuse of authority, provocative fraud.
Chapter VII
Article 33, the provincial priorities and infrastructure-building projects approved by the State Department of State, such as large energy, transport, water, hydropower, etc., provide otherwise for the compensation criteria.
Article 34 of this approach was implemented effective 28 May 2003.

Schedules:
Table I: Land Compensation Standards

Table II: Land Placement Fund

Table III: Old-age premiums, employment grants, dependency fees, medical benefits

Table IV: Housing Compensation Standards

Notes:
The standard of compensation is $80/metre.
In the form of a regular housing facility, the housing unit refers to the housing structure.
The entire closed building is calculated by 80 per cent of the area of construction, with a donation of 40 per cent of the area of construction.
Table 5

Note: Other unspecified ground is attached to the accompanying information in table V.