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Implementation Measures For The Compensation Of Changsha

Original Language Title: 长沙市征地补偿实施办法

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(On February 17, 2008 Changsha Government 3rd times Executive Conference considered through on February 27, 2008 Changsha Government makes 103th, announced since on April 1, 2008 up purposes) first article for strengthening land compensation work, maintenance was land rural collective organization, and villagers and other right people of lawful rights and interests of, according to People's Republic of China land management method, and Changsha land compensation placed Ordinance, legal, and regulations of provides, combined this city actual, developed this approach.     II compensation for work within the administrative area of the city, these measures shall apply.     Unified leadership of the third municipal people's Government compensation for work within the administrative area of the city.     District, and County (City) Government is responsible for this area within land compensation work of implementation, and coordination, and supervision and management and established land Office, perform following duties: (a) developed land programme; (ii) released land announcement and reported City Government Land Office record; (three) approval land compensation placed programme; (four) coordination processing land compensation placed dispute; (five) legal, and regulations, and regulations provides of other compensation placed work.     Office of the municipal land area, County (City) Government land acquisition guidance, coordination and supervision of the work of the Office.     Fourth, land administrative departments of district and County (City) Department of land administration land requisition compensation and resettlement work in the whole process of guidance and supervision. District, and County (City) land administrative competent sector is responsible for following land compensation work: (a) released levy to announcement; (ii) handle land compensation registration, and organization for site survey verified; (three) with about sector developed land compensation placed programme; (four) released land compensation placed programme sought views announcement; (five) released land compensation placed programme implementation announcement and reported City Government Land Office record; (six) by provides allocated land compensation costs; (seven) ordered deadline demolition make to; (eight     ) Other compensation as prescribed by laws, rules and regulations.     District compensation of cost estimates for centrally by the Department of land administration review; in each County (City) compensation cost estimates by County (City) land administration authorities are responsible for the audit, it should be reviewed except by the City Department of land administration.     Fifth in land expropriation land administrative departments can be transactional and technical work entrusted to the institution of land expropriation.     Sixth article Xiang (town) Government, and subdistrict offices bear following land compensation placed work: (a) assist land compensation registration, and survey; (ii) urged, and guide rural collective organization implementation land compensation placed programme specific matters; (three) supervision rural collective organization on land compensation costs of management, and using, and distribution, and public, situation; (four) assist processing land compensation disputes and the legacy problem. Seventh 80% of total land compensation fees should be deposited prior to the announcement of land expropriation of land Administrative Department in the financial compensation offered by the private accounts, and the rest in land requisition compensation and resettlement programmes should be implemented in full before the announcement in.     Do not deposit the full amount, district and County (City) land Administrative Department shall not issue a land requisition compensation and resettlement programme announcement.     Eighth compensation costs include compensation, resettlement and attachments on the ground and crop compensation expenses.     The Nineth annual output of standard of land expropriation of land compensation, resettlement, according to the regulations of the people's Government of the province; multiple annual output value of land expropriation of land compensation, resettlement, in accordance with the provisions of the standard.     Otherwise earmarked for increased resettlement of landless peasants social security, landless peasants social security funds directly into account and improve resettlement fee calculated in accordance with a paddy-field land 5 times times the annual output of standard.     Tenth article Beanstalk, forest trees, aquatic reimbursement in accordance with the provisions of the standard.     Professional pond outside the scope of land expropriation for the construction needs to reduce the water depth, lower the water level multiplied by the percentage of the annual output value of land expropriation compensation standards of the professional pond; water depths less than 50 cm, in accordance with the annual output value of land expropriation compensation standards.     Article 11th city, County (City) property management housing ownership certificates issued after July 1, 2006, based on a legitimate area for housing to housing ownership certificates. 12th article not made city, and County (City) housing property management sector on July 1, 2006 yihou issued of housing ownership certificate of, its housing legal area by district, and County (City) land administrative competent sector by following provides finds: (a) on January 1, 1987 yihou built of housing, are to construction with to approved file, and construction engineering planning license for according to; (ii) urban range within, April 1, 1982 to December 31, 1986 built of housing, Indigenous radical alteration and occupation of farmland construction, townships (towns, fields, streets) approval of cultivated land occupied by a building shall be approved by the district construction administrative departments; unauthorised, illegal construction.     Prior to March 31, 1982, in the construction of houses without alteration, expansion, and treated as legal buildings.     (C) the County (City) area, the houses built prior to January 1, 1987, identified according to the relevant regulations of the State and the actual situation.     House disagrees with the determination of the legal area, you can notice in the land requisition compensation and resettlement programmes for comments during the district and County (City) shall apply for a review, areas, counties (cities) people's Governments shall arrange land, planning, construction and real estate sectors to be determined after the review.     13th removed non-agricultural or monetary way farmers House, pay in accordance with the provisions of the standard compensation, House decoration and facilities compensation fee and purchase allowances.     14th demolition of rural collective economic organization unified the way farmer's House, should pay compensation, compensation for housing decoration and facilities.     Demolition of rural collective economic organization unified the way farmer's House and need to be rebuilt, otherwise pay for reconstruction subsidy for rural collective economic organizations for the reconstruction of land use planning, and reporting procedures, compensation and resettlement, infrastructure construction, and so on.     15th expropriation cannot be moved within range of the outdoor production facilities, agricultural production buildings be lump sum compensation in accordance with the provisions of the standard.     Need to easily build ponds and reservoirs, in accordance with the provisions of the original storage volume and standard compensation.     Approved temporary buildings, within the prescribed period according to the building's replacement value in use years after eliminating residual compensation.     16th demolishing electricity, telecommunications, radio and television, drainage, gas facilities need compensation, approved by the municipal pricing administrative authorities in accordance with the relevant provisions and compensation; abandoned without compensation. 17th demolition business owner, in accordance with the provisions of the standard compensation.     Relating to relocation of production facilities, according to equipment disassembly, installation, removal of the actual workload calculation cannot be moved, in accordance with the provisions of the standard lump sum compensation.     18th demolition of housing relocation assistance, the transitional allowance, the scheduled demolition of housing housing incentive fees, in accordance with the provisions of the standard.     19th removed gravel pits, prefabricated, brick field, in accordance with the provisions of the standard lump sum compensation benefits.     20th take currency the way farmer's agricultural implements, livestock, processing by the farmers themselves, and in accordance with the provisions of the standard be supplemented.     21st graves migration within the land, in accordance with the provisions of the standard be supplemented.     Multiples articles 22nd annual output value of land expropriation, compensation standards, production and living standard of compensation standard of facilities, removal of subsidies and the transitional subsidy standards by the municipal people's Government promulgated and implemented, and can be adjusted according to the social and economic development level (existing compensation criteria attached).     23rd State using state-owned agricultural land for construction and township (town) village public facilities and public welfare undertakings, township enterprises and farmers of villagers ' houses of collective-owned land, the compensation and allowances in accordance with the measures implemented.     Approved according to law to recover State-owned agricultural land such as farms and forestry sites and their compensation and benefits in the light of the measures.     24th the County (City) Government construction practice can be combined according to the measures, developed in addition to land compensation, resettlement and compensation, other than compensation for athletes supplement standard, submitted to the municipal people's Government for approval before implementation. 25th article this way come into force on April 1, 2008.     Changsha city, released on March 16, 2000 the land requisition compensation and resettlement measures for the implementation of the Ordinance repealed simultaneously.   Before the implementation of these measures has released notice of land requisition compensation and resettlement programmes, under the old regulations. Table 1-1 the compensation standard of land requisition compensation standard of land in Changsha (a) Note: 1, the annual output value of land expropriation standard according to the provincial government regulations; 2, indicate in the remarks column of the production facilities without compensation; 3, arable land including paddy field and dry land, specializes in vegetable fields and professional pond 4, arable land per capita arable land by landless rural collective economic organizations calculated by dividing the agricultural population. Table 1-2 the compensation standards (ii) resettlement criteria in table 2-1 (a) Note: 1, the annual output value of land expropriation standard according to the provincial government regulations; 2, Paddy modified vegetable vegetable 60% by profession Compensation, land compensation for land reform according to the professional vegetable 40% vegetable; 3, further improve the resettlement, according to the area, calculated in accordance with a paddy-field land 5 times times the annual output of standard; 4, arable land including paddy field and dry land, specializes in vegetable fields and professional pond; per capita arable land by landless rural collective economic organizations of arable land calculated by dividing the agricultural population. Table 2-2 resettlement criteria (b) compensation for athletes in table 3-1 standards (a) Note: 1, woodland area by the horizontal projected area calculation; 2, interplanting crops crop compensation from the higher class.                               Compensation standard athletes in table 3-2 (b) of flower seedlings to transplant flowers nursery stock base table 3-3 table 4-1 standard residential housing compensation table 4-2  Business owner compensation standard table 4-3 table 4-4 table 5-1 table 5-3 table 6 table 7