Advanced Search

Shanxi Province, Compensation For Expropriation And Peasant Collective Land Expropriation Allocation Approach

Original Language Title: 山西省征收征用农民集体所有土地征地补偿费分配使用办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted by Decree No. 182 of 18 October 2005 of the People's Government of San Susion-West Province on 1 December 2005)

Article 1, in order to preserve the legitimate rights and interests of the expropriated farmers and the rural collective economic organizations, is guaranteed by law for the settlement of the confiscated farmers, and in accordance with the People's Republic of China Rural Land Contracting Act and the relevant national provisions, to develop this approach in conjunction with the actual rights of the province.
Article 2
Article 3. Reimbursement is compensation for the expropriated farmers, the rural collective economic organization and the owner attached to the property owner. The expropriation rate includes land compensation payments, settlement support payments, and territorially attached to material compensation and compensation payments.
The scheme referred to as expropriated farmers as farmers who have acquired the right to operate in rural land by law.
The distribution of royalties should be consistent with the principles of openness, equity and justice.
The allocation of royalties to women and men has the right to equality, and any organization and individual shall not be deprived of, and infringe on the right to seek redress under the law on the basis of women's non-marriage, marriage, divorce, etc.
Article 5
Article 6. Prior to the approval of the law, the Land Resources Unit of the Government of the Territory at the district level shall communicate in writing to the expropriated farmers, the rural collective economic organization and the owner.
More than the people's land resources sector at the district level responds to the status of the proposed land tenure, land, area and land attaching to the rights, type, quantity, etc., the results of which should be jointly confirmed by the expropriated farmers, the rural collective economic organization and attaching the material to the owner.
Removal matters authorized by law should be made public.
Article 7. Priorities shall be informed by the local land resources sector of the right to be heard by the expropriated farmers, the rural collective economic organization and the owner of the property rights attached to the criteria for compensation for the proposed land and the means of resettlement. The parties requested hearing and the request for hearing should be made within five working days of the notification. The land resource sector should organize hearings in accordance with the relevant provisions within 20 days of receipt of the request for hearing.
Article 8 leaching or expropriating rural land must be made in accordance with the law and pay for compensation in full and on time.
No unit or person shall be permitted to intercede, misappropriation and in arrears.
Article 9. The Government of the Provincial People shall fully consider the standard of living of local farmers when it approves the establishment of a harmonized annual product standard for the municipalities, districtlandes or integrated territorial prices. Reimbursement for land and settlement benefits paid by law are not sufficient to cover the cost of social security for landless farmers due to expropriation, and the provision for resettlement should be increased to protect the interests of farmers.
The expropriation unit must strictly implement the recruitment compensation criteria established by the Government of the province.
Article 10. Removal units shall pay for the full payment of expropriation compensation payments within three months of the date of approval of the resettlement programme, and, with the consent of the expropriated farmers, shall also pay for the payment of the expropriation indemnity payments in accordance with the agreement of the expropriated farmers.
Until the cost of expropriation has not been fully in place, the Land Resources Sector shall not grant the capital-use instrument of ratification and shall not conduct local procedures for the forced use of land by the expropriation units, and the project shall not be constructed, the land-relevant farmers and the rural collective economic organization have the right to continue their use.
Article 11. The land compensation rate is mainly used for expropriated farmers.
Rural collective economic organizations may not, in any name, expropriate land compensation paid by the expropriated farmers in accordance with the law; nor shall they dedicate the elderly, the new family, the daughter.
Article 12. Lands are fully levyed, while rural collective economic organizations have withdrawn construction, 80 per cent of land compensation payments are allocated to the expropriated farmers; and the remaining 20 per cent are equally allocated to the expropriation compensation programme to the members of this collective economic organization, in accordance with the law.
The land was fully expropriated and its land compensation rate was paid at a rate not less than 80 per cent to the expropriated farmers, with the remainder being left to the collective economic organization of the village.
Article 13 has confirmed that land has been charged or used in part by the household, and its land compensation rate is paid to the expropriated farmers by less than 80 per cent, while the remaining 20 per cent is left to the collective economic organization of the village.
After unconfirmed land expropriation, its land compensation and resettlement benefits were paid at an average rate of less than 80 per cent for the settlement programme, and the collective economic organization had the right to contract land in accordance with the law; the remaining portion was left to the rural collective economic organization.
Article 14. All persons who are attached to the land shall be paid in full for the payment of the royalties and burses.
Article 15. Reimbursement payments are made on the basis of different means of settlement, by unit of expropriation or by other units, to the unit responsible for the settlement, and if there is no need for a uniform settlement, all of which should be paid to displaced farmers.
Article 16 shall establish a pool of expropriation payments, accounting and specialization, and shall be allocated under the law.
Article 17
The land compensation programme to be retained for the Collective Economic Organization of the Rural Region shall be agreed upon by the Assembly of members of the Rural Collective Economic Organization or by members on behalf of the General Assembly over two thirds. The income and expenditure situation should be published in a timely manner and be monitored by the mass.
Article 18
The agricultural, agricultural and agricultural sectors of the population at the district level should be subject to an audit of the use of expropriation compensation.
After the implementation of the Rural Land Contracting Act of the People's Republic of China, the collection of all land used by farmers in collective ownership should be distributed on the date of publication of the scheme, and the payment of land compensation has not been made in accordance with the provisions of this approach, and all distributions should be made to ensure that the proceeds of the expropriation of the proceeds of the law and the remainder are left to the collective economic organization.
Article 20
Article 21 abuses by State organs, provocative fraud, negligence, misappropriation, misappropriation and compensation for inadmissible claims have not been criminalized by law, and criminal liability is lawful.
Article 2 deals with disputes relating to the payment of compensation expenses on a contractual basis, which may be brought before the People's Court by law.
Article 23 of this approach is interpreted by the Government of the Provincial People.
Article 24