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Levying Collective Lands, Hefei City Approach

Original Language Title: 合肥市征收集体所有土地办法

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(The first ordinary meeting of the Government of the People of the fertilities of 5 February 2008 considered the adoption of the Decree No. 136 of 26 March 2008 of the Order No. 136 of the People's Government of Pornography, which came into force on 1 May 2008)

Chapter I General
Article 1 provides for the regulation of all collective land work, the preservation of the legitimate rights and interests of collective landowners and the right to use, and guarantees the smooth conduct of urban construction, in accordance with the provisions of the People's Republic of China Act, the People's Republic of China Land Management Act and the enforcement regulations, the implementation of the laws and regulations of the People's Republic of China's Land Management Act, and the development of this approach in the light of the actual practice of the city.
Article 2 applies to all collective land (hereinafter referred to as expropriation).
Article 3. The Urban Land Resources Department is responsible for the harmonization of the management of the city's expropriation sites, which are owned by the city's land resource sector, which is entrusted with the reunification of the area.
Relevant sectors such as municipal labour guarantees, finance, public safety, construction and real estate are working in concert with their respective responsibilities.
The Governments of the various districts are responsible for organizing the relevant departments and communes of the Government, the street offices, and implementing the territorial area.
Implementation is organized within the framework of the United Nations High-Level New Technologies Development Zone, the Economic Development Zone for Pornography, the Comprehensive Development Pilot Zone for Pornography (hereinafter referred to as the development area) and, in accordance with this approach, matters to be handled by the communes (communes), the People's Government, the Street Office, and are vested in the Development Zone Committees.
The establishment of a system of joint meetings, led by the city's land resources sector, relevant sectors such as urban labour security, finance, public security, construction, real estate, and the participation of the territorial Government, the development of regional commissions, regularly examines the issues related to the work of expropriation security.
Chapter II Expropriation procedures
Article 4
(i) To request the expropriation unit to submit a report to the city's land resource sector, in accordance with the request for approval. The applicant's unit refers to the people's governments of the various sectors, the development of regional commissions, the municipal land acquisition reserve institutions and the project construction units that can be made available for local purposes by allocation or agreement.
(ii) The communal economic organization (or the Village Commission, the Community Resident Commission, which is to be designated as the holder of the proposed land, the area, the area involved in the agricultural population and the status-of-charge, type, quantity, etc.), which is subject to confirmation by the expropriational Rural Collective Economic Organization (or the Village Commission, the Community Resident Council, the Rural Collective Economic Organization, the farmers and the owner.
(iii) The city's resources sector, together with the municipal labour security sector, will be informed in writing of the use, place, compensation criteria, resettlement pathways and the participation of the expropriated farmers in the old-age safeguard observations. The parties apply for hearings and organize hearings in accordance with the required procedures and requests.
(iv) The Ministry of Land Resources has developed agricultural land transfer programmes, supplementary cropland programmes and expropriation programmes, which are submitted for approval by the Government of the city after clearance;
(v) In accordance with the construction of capital announcements, the city's financial sector is responsible for repayment of payments for new land-building land-use land-use land and requests for the transfer of other tax bills from the expropriation unit.
Article 5
(i) Within 15 days from the date of the expropriation, the city's resources sector will collect land and compensation resettlement programmes with the municipal labour security sector (hereinafter referred to as the expropriation programme) and make a public declaration on the location of the occupied land (with the exception of special situations, such as national confidentiality provisions).
The expropriation programme includes the following:
Approval of the use of expropriation organs, instruments of ratification and land collection;
Number of agricultural population living on land, area, place, place, place, needs to be installed and guaranteed by the expropriated farmers;
The criteria, amounts, and the manner in which the costs are paid:
The way in which the rural population is accommodated and the criteria, amounts, funds are paid;
The criteria and means of payment are attached to material and adolescent compensation;
Farmers who have been expropriated to participate in old-age safeguards;
The time period for consultation;
Other matters.
Collective rural economic organizations and farmers in the quested areas contest the content of the settlement and shall be submitted within the time frame specified in the Declaration.
(ii) Rural collective economic organizations and farmers who have been expropriated have contested the settlement, and the city's land resources sector should conduct research into the views expressed by the Government of the communes of the city's labour security sector, the municipality of which the land is occupied (communes), the street offices, the Government of the people's government, the authorities of the city, and the authorities of the urban population have approved implementation. Among them, the collective economic organization of the occupied rural population or the farmers contested the criteria for the compensation of the land, coordinated by the Government of the communes; coordination is inconclusive; and the decision of the Government of the people that approves the collection of land. The application of the standard of compensation was not discontinued before the decision and was followed by the result of the decision.
(iii) Within 30 days from the date of the expiration of the National Programme of Description (with the approval of the Government of the city, 30 days after the approval of the Government of the city), the city's natural resource sector will accommodate the number of agricultural population and the target of specific resettlement, the guarantor, account the cost of compensation paid and the transfer to the people of the region (Development Committee). Within 20 days from the date of the approval, the requisitioning unit has transferred the provision of support payments, self-employment grants, the territorial attachation and the Blue Shelter Reimbursement fees to the treasury (development area) financial exclusives, from the area (development area) to the zone directly into the personal bank cards of the distributor; funds for the establishment of the old-age subsistence allowance for the expropriated farmers, and the harmonization of funds earmarked for the Fund for the elderly.
(iv) Rural collective economic organizations and farmers who have been expropriated should deliver land collected within 30 days of the date of the payment of compensation payments.
Chapter III
Article 6. Reimbursement costs include land compensation payments, settlement support payments, territorial attachation and XFC compensation.
The land compensation rate, the settlement grant rate is implemented in accordance with the territorial compensation criteria approved by the Government. The compensation criteria attached to the home and other land and for young fervents are implemented in accordance with the relevant provisions of this city.
Article 7
(i) 70 per cent of the total amount is used for old-age food security for the expropriated farmers and directly to the FDF's financial specials;
(ii) 30 per cent of the total amount is paid to rural collective economic organizations with land ownership. Its use management is monitored by the authorities of the region and is developed separately.
Article 8. Reimbursement payments are used to cover dependency benefits, self-employment benefits, and the remaining portions are used to provide old-age guarantees for the expropriated farmers, and to harmonize the transfer to the funds of the old-age farmers.
Article 9. All those who are attached to the royalties and young meals are attached to the land.
Upon enquiry, the land is not reimbursed if the land is to be seized, seized, looted and planted.
Chapter IV
Article 10 establishes a system of statistics on the dynamics of the agricultural population and arable land (development areas), communes (communes, streets), villages (communes).
Article 11. The rural population to be accommodated in the land area is referred to the fact that, prior to the publication of the land, the land is acquired under the law and the subsistence of the agricultural population, including the children of origin, the married person lawfully married, and the married person who has not been removed from the household and who still enjoy the right to contract the land operation in the rural collective economy.
The following persons are considered as the need for a rural population:
(i) The temporary relocation of active military personnel (excluding military officers) at the household level, with the exception of university students;
(ii) Removal officers who have been cancelled;
(iii) The former member of the Collective Economic Organization, whose transfer is still living on the original contractor's land and who have not been accommodated on successive occasions;
(iv) Despite the relocation of the group, the right to operate under this collective has been granted to persons who have not been able to obtain a contractor's land and have not enjoyed expropriation.
Article 12. The number of people placed in settlements is calculated in accordance with the peripheral area of the rural collective economic organization of the land in which the area of the land in which the land has been seized is removed from recalculation.
Specific constituencies are identified according to the following methodology:
(i) The contractor's land is fully occupied and the entire population is included in the settlement;
(ii) The portion of the land contracted by the household, which shall be accommodated by the population: the area of the arable land of the arable land of the affected land;
(iii) The portion of the land contracted by the household, but the entire population of the household could be included in the area of resettlement, after the voluntary abandonment of the remaining contractor's land to be reorganized by this collective economic organization.
The entrants are proposed by the Rural Collective Economic Organization, which is reviewed by the commune (commune) people's government (at the street offices) after the designation of the commune of the city's resources sector with municipal labour security, finance, public safety sector, after the designation of the commune government (Development Committee).
Article 13 provides for a lump sum of $11.2 million under the age of 16 years of age at the time of writing of the time frame, with the exception of 16 years of age (with 16 years of age, under the same age) being integrated into the old-age safeguard system of the expropriated farmers and a one-time payment of $11.2 million for self-employment benefits.
The specific approach to the protection of old-age farmers was developed separately.
Article 14. The public security sector should be in a timely manner to process the transfer of cottage farming for the displaced farmers.
After the transferee is in line with the minimum living conditions of the city, the civilian sector should incorporate them into the urban minimum living security system.
Article 15. After the transfer of land-based farmers to their families, they are included in the urban employment service system.
Governments and relevant sectors should take active measures to encourage the placement of all types of business units, communities inhalant farmers, to support the self-employed, autonomous entrepreneurship of expropriated farmers, and to guide the priority placement of local units in the employment of displaced farmers.
Unemployed farmers may be registered for unemployment in all sectors, in public employment services in the development area, and receive the Employment Services Car, free vocational presentations and one-time vocational training benefits from the Employment Services Car. A one-time vocational skills identification subsidy is given to the target of access to the minimum living in the town or rural areas.
Farmers who have been expropriated to participate in the funding required for employment promotion and free employment services are charged from re-employment funds.
Chapter V Legal responsibility
Article 16 is one of the following cases, which is redirected by the relevant sectoral order to hold the executive responsibility of the competent and other persons directly responsible under the law; constitutes an offence and hold criminal responsibility in accordance with the law:
(i) Releasing the relevant data by the expropriation unit or the relevant sector, in the course of the expropriation process, forgering, forgering the expropriation fee, or for intercepting the payment of the royalties;
(ii) Expropriation and expropriation of charges;
(iii) Staff members of State organs who play negligence, abuse of authority, and provocative fraud in the course of solicitation compensation;
(iv) Construction of user units and individuals to compensate for resettlement on their own initiative;
(v) The obstruction and destruction of the work of expropriation, which impedes the enforcement of official duties by State organs in accordance with the law.
Annex VI
Article 17
Article 18 is implemented by the fertile, fertile and Fond three districts in accordance with this approach, with the application of the criteria for the settlement of the settlement being developed separately by the districts and reported to the Government of the city.
Article 19, which came into force on 1 May 2008, was repealed by the Government of the communes on 26 December 2003 of the Adapplication of All Collective Lands (Party [2003]138).