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Compensation In Fujian Province And The Landless Peasants Social Security Schemes

Original Language Title: 福建省征地补偿和被征地农民社会保障办法

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Chapter I General

Article 1 guarantees the basic life and long-term livelihoods of displaced farmers in order to preserve the legitimate rights and interests of the exploited farmers and the rural collective economic organizations, regulates the compensation and social security of the expropriated farmers, and develops this approach in line with national legislation.

Article 2

Article 3. Farmers who claim to be expropriated shall be entitled, in accordance with the law, to the benefit of the licensee of land or to the members of the rural collective economic organization with the host household. Specific ways of generating are developed by the municipality, the people of the district.

Article IV imposes on all the land of the rural community, which should be compensated by law for the collective economic organization of the expropriated farmers and the rural population, arrange for the funding of social security for the expropriated farmers, in accordance with the principle of refoulement, classification and maintenance, to be incorporated into the urban and rural social security system.

Article 5 Governments of municipalities and counties should establish and implement, in accordance with this approach, a system of social security for expropriating and expropriated farmers, which is responsible for the compensation and social security of expropriated farmers within the present administration.

The provincial Government's land resources, human resources and social security, agriculture, forestry, housing and rural and urban development, civil affairs, finance, public safety, audit, inspection services are responsible for monitoring, coordination and guidance on the compensation of the land and the social security of the displaced farmers.

The relevant sectors of the city, the communes (communes), the people's Government and the street offices should work together in accordance with their respective responsibilities.

Article 6. Reimbursement and social security standards for the expropriated farmers should be adjusted in due course, in accordance with the level of economic and social development, price changes.

Chapter II

Article 7. Reimbursement costs include land compensation payments, settlement support payments, territorial attachation and XB compensation.

The land compensation rate and the provision for resettlement are calculated in accordance with the integrated geospatial price of the area in question.

Article 8, according to the level of economic and social development, financial income, land value, is divided into a number of regional categories in the province as part of the district-level administrative area. The minimum standards for regional classifications and their combined territorial prices are developed and published by the Government of the province.

Article 9. The municipalities, the communes' governments should develop integrated territorial values in the present administrative region, based on the minimum standard of integrated geospatial prices established by the Provincial People's Government, and be made available to society through the Government's portal.

Prior to the establishment of an integrated territorial quota for the current administrative regional area, the Government of the communes has been implemented in accordance with the original calculation methodology, in accordance with the arsenal of the arsenal of arable land.

Article 10. Integrated territorial prices include land compensation and resettlement benefits, excluding territorial attachation and XB compensation. The proportion of land compensation payments and resettlement grants is required in the context of the consolidated territorial price of the area, which is determined by 40 per cent of the land compensation rate and 60 per cent of the grant.

Article 11. The collection of houses involves farmers' homes and should guarantee residency conditions for displaced farmers. Resolves can be rescheduled to reorganize the home base in accordance with the relevant provisions; they cannot be rescheduled or not in accordance with the conditions for the home base, mainly in monetary or in-kind.

The construction area concerned the construction of buildings and constructions established by law and should be compensated by law. Other construction sites can be rescheduled to bring new compensation to their buildings, constructions in line with heavy prices; other construction sites cannot be rescheduled and compensated for their buildings, constructions at market assessment prices.

Article 12. The collection of arable land relates to young fervents, which are effectively compensated.

Rebursement for transplanting, swing and multi-year-old economic forests, etc.

Article 13 After the collection of collective land in rural areas, the number and quality of land unadjusted by the Rural Collective Economic Organization is to be contracted by the expropriated farmers, or the land being recruited as a subsistence land for the farmers, which should pay less than 70 per cent of the land compensation payments to the displaced farmers.

Article 14. After being charged by the contractor of the expropriated farmers, the number and quality of the land of the rural collective economic organization has not been adjusted to the contractor of the expropriated farmers and the payment of the grant to the expropriated farmers. Following the implementation of this approach, the provision of housing benefits increased through dynamic adjustment and other means is included in the social security funds of the displaced farmers.

Adjustments to the contractor area within the Rural Collective Economic Organization can be made to the provision of support payments that can be harmonized within the context of the collective economic organization of the rural region or distributed by law.

Article 15. Reimbursement payments are attached to the accompanying owner, and the payment of the young meals is paid to the actual investigator.

Article 16 should pay for the expropriation rate of the displaced farmers, which is provided by the Rural Collective Economic Organization for the allocation of compensation costs and specific lists, and be paid directly to the displaced farmers by the municipality, the territorial authorities of the Government of the county, or by the territorial authorities of the host country or by the expropriation units, including a bank card or a discount. It is difficult to pay directly to units such as the commune (commune), the commune government, the Rural Collective Economic Organization, and to disburse payments to the funds earmarked for the mandated units.

The authorized units shall communicate the cost of using, allocating programmes and issuing lists, in accordance with the statutory procedures, and shall be paid in a timely manner for the payment of expropriation costs and the release of the territorial resource administrative authorities entrusted to them by vouchers such as receipts.

Article 17 shall be paid in full for the payment of the expropriation expenses within 30 working days of the date of approval of the settlement programme by the authorities of the city, the people of the district, or the territorial administration of the land.

Farmers who have been expropriated have refused to receive, and the authorities of the Land Resources Administration of the Municipal and District Government shall notify in writing or post a notice of the time, place and manner they receive.

Article 18

Chapter III

Article 19 collects rural collective farming land under the law, with the remaining land area of the land of the land-owner than 30 per cent of the rural population in the city (market, area) and the right to collective land in rural areas, and the inclusion of displaced farmers who are host to the rural collective economic organization.

Where conditions exist, the scope of safeguards can be properly expanded, with specific targets being determined by the municipalities and the communes.

Article 20 Specific lists of protected target groups were submitted by the Collective Rural Economic Organization of the Red Cross, after discussions at the Village People's Conference or the Village People's Representatives Conference, seven working days were made available in the village (communes), after review by the Government of the People's Republic, the Street Office, the People's Democratic Republic of the Congo, the Ministry of Agriculture, the Land Resources Administration of the People's Government of the Republic of the Republic of the Republic of the Republic of the Congo, and the human resources and social security administration authorities of the population of the district (commune, district) were submitted to the district-owned social insurance agencies to register and provide relevant vouchers.

Article 21, at the time of the approval of the resettlement programme, shall be divided among the following three age paragraphs:

(i) Be under the age of 16 years (para.

(ii) Be up to 60 years of age of 16 years (the age of labour);

(iii) Age of 60 years of age (age of old age).

In accordance with article 22, under the age of minors, the expropriated farmers are not entitled to the payment of the settlement grant under the provisions of the scheme.

Article 23 of the age of labour is guaranteed by the full-time employment of the user units, such as the enterprise, in accordance with the provision for the basic old-age insurance of the enterprise worker; in the non-first-time work or in flexible employment and in accordance with the provisions of the flexibilities of the employed person. It is not covered by the basic old-age insurance coverage of the enterprise worker, which is provided for in the basic old-age insurance for the urban and rural population.

In accordance with article 24, the target of garage-aged farmers has been guaranteed by the expropriation scheme for a monthly period of time and, according to the local rural minimum living standards, the old-age farmers' pension benefits are paid on a monthly basis.

Farmers who have reached the age of old age guarantee that they have participated in basic old-age insurance for rural and urban residents prior to the symbolic location, with the benefits of old-age farmers. Persons who have received other statutory retirement guarantees are no longer entitled to old-age pensions for the expropriated farmers.

Article 25 Governments of the city, district and territory should raise funds for the social security of expropriated farmers in accordance with the principle of payment and balance of payments, and the per capita funding standards should not be less than 139 times the criteria for the granting of old-age pensions for locally recruited farmers, with specific criteria determined by the municipal, district and local governments.

Sources of social security for expropriated farmers include:

(i) Funding for social security for expropriated farmers in accordance with the provisions;

(ii) Provincial grants;

(iii) Removal of less than 1 per cent of funds from State-owned land-reimbursable income;

(iv) Resistance payments for social security funds, as prescribed.

Inadequate funding for social security for expropriated farmers is to be addressed by the municipalities, district governments.

Article 26 Human resources and social insurance institutions owned by the authorities of the municipality, the district (zone) and the social security administration should establish an individual account for each of the excluded farmers' guarantors, and a personal account accounting standard is a per capita funding standard for social security funds for the local people.

The age of work is financed by the individual accounts of the owner's guaranteed by the labour age group for the benefit of the personal contributions of the person who participates in the social feed-up insurance, which is determined by the city, the Government of the county; the personal accounts of the elderly who are covered by the old age are used for the payment of the old-age benefit to the farmers who have been recruited on a monthly basis.

When the labour age paragraph is subject to conditions for the benefit of the old-age social insurance, its personal accounts have a balance and a one-time refund; the land-farmer farmers have guaranteed the death of the target, and their personal accounts fund balances may be inherited by law.

Article 27, Human Resources and Social Security Administration of the Government of the city, district (zone) should establish an information system for the management of old-age farmers to facilitate access to personal information by the targeted farmers.

Twenty-eight farmers who have been expropriated receive the corresponding treatment after paying their contributions under the basic medical, work injury, maternity and unemployment insurance provisions.

The per capita income of the expropriated farmers is lower than the local minimum standard of living, which can apply for minimum living guarantees in accordance with the provisions of the regulations, and the expropriated farmers are eligible for other social assistance.

Article 29, the Government of the city, the people of the district and the relevant sectors should incorporate the migrant farmers of the age of labour into the public employment service system, strengthen employment training and guidance, create employment conditions and promote the employment of the displaced farmers.

Chapter IV Financial management

Article 33 Financial administrative authorities of the city, the people's Government shall establish sub-households under the umbrella of the Social Insurance Fund to manage alone and account for the funds for social security for the expropriated farmers, with special reference to the value added of the value of the insurance in accordance with the relevant provisions.

The Government of the city, the people of the district shall, prior to the release of the funds for the social security of the expropriated peasants into the city, and the designated by the territorial Government's financial administration authorities, the funds allocated by the expropriated farmers.

In the solicitation, the financial administrative authorities of the city, the veterans of the communes should give evidence of the implementation of the social security funds of the expropriated farmers, and the human resources and social security administration authorities should provide advice on the implementation of social security funds. The People's Government of the province has approved expropriations, which are subject to review by the competent human resources and social security administration authorities of the commune government; the State Department has approved the expropriation, which is subject to the approval of the Ministry's human resources and social security administration authorities. Inadequate funding for social security for expropriated farmers, human resources and social security administrative authorities are not subject to review.

Article III, the financial administrative authorities of the city, the people of the district, shall transfer funds not less than 1 per cent of the revenues paid by the State of the city, the district before the end of March each year from the end of March each year to the recipient's funds for social security, and shall be made available to the financial budgetary arrangements for each year, in accordance with the requirements of the funds used by the expropriated farmers and the balance of reservations.

Article 33 provides for compensation under the law as a collective economic organization of the rural population, including in the management of collective assets in rural areas, for the development of production and public goods by the rural collective economic organization, without diversion.

Chapter V Legal responsibility

Article 34, in the area of compensation and the social security of the expropriated farmers, is one of the following acts by the Government, the authorities and their staff, which are converted by an accountability order of the Government of the superior or inspectorate, to be disposed of by law by the competent and other direct responsible persons directly responsible; constitutes an offence punishable by law:

(i) Exclusive compensation costs and the implementation of false evidence by the funds for social security of the expropriated farmers;

(ii) Provision of false advice on the implementation of the social security funds of the expropriated farmers;

(iii) Intrusive, inter alia, retention, expropriational compensation and social security funds for displaced farmers.

Article XV of the collective economic organization of the rural population of the territory of which it is expropriated, forbidden, forcible compensation and for the social security funds of the expropriated farmers, is redirected by the appropriate organs and is treated in accordance with the law by the competent and other persons directly responsible; constitutes a crime and hold criminal responsibility under the law.

Annex VI

The social security scheme for the expropriated Farmers was established by the Government of the House.

Article 37 of this approach is implemented effective 1 January 2017.

This approach is preceded by participation in the social security of the expropriated farmers and is still being implemented in accordance with the original policy, where conditionality can be brought into line with the provisions of this approach.