Policies vary from place to place, please refer to Article 47 of the "Land Management Law of the People's Republic of China". Compensation fees for expropriated cultivated land include land compensation fees, resettlement subsidies, and ground attachments and young crops. compensation fees. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land.

Article 47: Where land is requisitioned, compensation shall be provided according to the original purpose of the requisitioned land.

Compensation fees for requisitioned cultivated land include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The land compensation fee for requisitioned farmland shall be six to ten times the average annual output value of the three years before the farmland was acquired. The resettlement subsidy for requisitioned cultivated land shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of cultivated land to be acquired by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is acquired. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation.

The standards for land compensation and resettlement subsidies for the requisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the requisition of cultivated land.

The compensation standards for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.

When requisitioning vegetable land in urban suburbs, the land-using unit shall pay a new vegetable land development and construction fund in accordance with relevant national regulations.

If the payment of land compensation and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, additional resettlement may be added with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government. Subsidy fee. However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated.

Based on the level of social and economic development and under special circumstances, the State Council may increase the standards of land compensation and resettlement subsidies for requisitioned cultivated land.

Interpretation: This article is about compensation for land acquisition.

1. Regarding the principles for determining compensation for land acquisition, during the process of revising the Land Management Law, it was generally reflected that there were two obvious flaws in the provisions of compensation for land acquisition in the original Land Management Law; First, the standard of land acquisition compensation is too low, and second, it is difficult to operate in actual work. Therefore, it has been suggested that the standards for compensation for land expropriation should be stipulated by the State Council, or be stipulated by provinces, autonomous regions, and municipalities based on the actual conditions of each place. After repeated studies, it is believed that: First, land expropriation is a state behavior and an obligation that farmers should fulfill towards the state. , farmers are not selling land to the state; when the state requisitions land and then sells it, the differential land rent that determines different land prices is formed by state investment, and in principle, this income should belong to the state. Second, compensation for land acquisition should be based on the principle that the living standards of farmers in the land-expropriated units will not be reduced. According to the above two items, the compensation standards for land acquisition have been adjusted, but the principles and methods of compensation have not been modified.

2. If land is requisitioned, compensation shall be provided according to the original purpose of the requisitioned land. The compensation standards and methods for land acquisition will not change due to changes in the use of the land after acquisition. Instead, the compensation standard and amount will be determined based on the original use of the land. Those that were originally cultivated land will be compensated according to the standard of cultivated land, and those that were originally forest land will be compensated according to forest land. In principle, there will be no compensation for unused barren hills and wasteland that have no income. The same applies to compensation and demolition of land on the ground. The land on the ground before the land acquisition will be compensated. In principle, the land on the ground newly added after the land acquisition will not be compensated. The same is true for personnel resettlement. Personnel who were land users or contract operators before land acquisition will be resettled, while new population or labor force after acquisition will not be considered. This is the basic principle of compensation for land acquisition.

3. Compensation fees for requisitioned cultivated land include land compensation fees, resettlement subsidies, compensation fees for ground attachments and compensation fees for young crops.

1． Land compensation fees are compensation for the losses caused by land owners and land users’ investment and income from the land due to the state’s requisition of land. Compensation targets include land owners and use rights holders. The standard of land compensation for requisitioned cultivated land is four to six times the average annual output value of the three years before the expropriated cultivated land, which is higher than the three to six times stipulated in the original "Land Management Law". As for the calculation method of the average annual output value of the previous three years, it is The original Land Management Law is basically the same.

2． The resettlement subsidy is a subsidy provided to resettle the agricultural population who rely on land as their main means of production and their source of livelihood. The resettlement subsidy for requisitioned farmland shall be calculated based on the agricultural population to be resettled. The agricultural population that needs to be resettled is calculated based on the amount of cultivated land to be acquired divided by the average amount of cultivated land per person of the expropriated unit before land acquisition. For now, the main people to be resettled should be land users or contract operators of cultivated land. If the land contract management contract or land use rights are terminated due to land acquisition, the state should provide resettlement or provide resettlement subsidies. The resettlement subsidy standard is four to six times the average annual output value of the farmland in the previous three years, that is, four to six times the per capita farmland output value.

Compared with the original Land Management Law, there are differences in calculations. The original stipulation was that the resettlement subsidy for each agricultural population was two to three times the annual average output value per mu. The new law is four to six times the per capita cultivated land, which is the same as the per capita cultivated land. The amount is directly related. The resettlement subsidy is mainly used to resettle the agricultural population after land acquisition. Therefore, whoever is responsible for the resettlement of the agricultural population should receive the resettlement subsidy. If farmers are self-employed or resettled by themselves, the resettlement subsidy should be owned by the farmers themselves. The maximum standard of resettlement subsidy for each hectare of cultivated land acquired is adjusted from ten times to fifteen times the average annual output value of the previous three years.

3. Compensation fees for above-ground objects include the demolition and restoration costs of various buildings and structures under the land, such as houses, wells, roads, underground pipelines, and water canals, as well as compensation or felling fees for trees on the expropriated land. The specific details are Standards are stipulated by each province, autonomous region, and municipality directly under the Central Government. Each province, autonomous region, and municipality directly under the Central Government will clearly stipulate this when formulating implementation measures for the Land Management Law.

4. Compensation for young crops refers to crops that are in the growth stage but cannot be harvested. If the land acquisition requires timely transfer of land and the crops cannot be harvested, causing losses to farmers, economic compensation should be given to the land contractor or land user. The compensation standard for young crop compensation is generally calculated according to the output value of one season according to the growth period of the crops, or is compensated according to a certain proportion of the output value of the crops in one season. Specific standards are stipulated by each province, autonomous region, and municipality directly under the Central Government.

4. Land compensation and resettlement subsidies for the requisition of other land, including requisition of other land other than cultivated land, such as forest land, grassland, water areas, construction land, etc., shall also be compensated. The specific standards are stipulated by each province, autonomous region, and municipality directly under the Central Government with reference to the land compensation and resettlement subsidy standards for requisitioned cultivated land. Generally, it should be calculated by multiplying the average annual output value of the expropriated land. For some cases where it is difficult to calculate the average annual output value, the specific compensation standard can be determined with reference to similar land. Each province, autonomous region, and municipality directly under the Central Government will make specific provisions or make special provisions when formulating implementation measures for the Land Management Law.

5. When requisitioning vegetable plots in the suburbs of cities, in addition to paying land compensation fees, resettlement subsidies, compensation fees for ground attachments and compensation fees for young crops in accordance with the provisions of this law, compensation fees for the development and construction of new vegetable plots must also be paid fund. This is mainly a measure taken to stabilize the area of ??vegetable fields in urban suburbs, ensure the supply of vegetables in the city, and strengthen the construction of new vegetable fields. Regarding the method of paying for new vegetable land development funds for the requisition of vegetable fields, the relevant departments of the State Council have stipulated that different collection standards will be determined according to the size of the city. For every acre of urban suburban vegetable land requisitioned, cities with a population of more than 1 million will pay 7,000-10,000 yuan, cities with an urban population of 500,000 to 1 million will pay 5,000-7,000 yuan, and cities with a population of less than 500,000 will pay 3,000-5,000 yuan. The new vegetable field construction fund is collected by the urban people's government and used for the development and construction of vegetable fields in the suburbs of this city.

6. The highest standards for land compensation and resettlement subsidies for requisitioned cultivated land. The principle of land acquisition compensation in accordance with this law is to ensure that the living standards of farmers in the units whose land is acquired will not be reduced due to land acquisition. Therefore, paragraph 6 of this article also stipulates that if the land compensation fees and resettlement subsidies paid in accordance with the provisions of paragraph 2 of this article cannot guarantee the original living standards of farmers in the land-expropriated unit, the compensation standard may be increased with the approval of the provincial people's government. The sum of the two items can reach up to 30 times the average annual output value of the three years before the land is acquired. According to calculations, under normal circumstances, if it reaches 30 times, which is equivalent to 30 years of output value, it is entirely possible to ensure farmers' living standards. Furthermore, the current contract management rights for rural farmland are 30 years. If the factors of rising prices and increased production are not taken into account. The output value in 30 years is equivalent to the entire output value in the 30-year land contract period.

7. The new "Land Management Law" also makes special provisions on land requisition compensation: "The State Council may increase the land compensation fee and resettlement subsidy fee for requisitioned cultivated land under special circumstances based on the level of social and economic development. Standards." This means that based on changes in the level of social and economic development, the State Council has the right to increase the standards for land compensation and resettlement subsidies for requisitioned cultivated land, without the need for legislation by the Standing Committee of the National People's Congress.

8. Based on the principle of adjusting the compensation standards for land acquisition, what needs to be explained here is: First, land acquisition is still a state action, not a sale of land. Therefore, provinces and autonomous regions. Municipalities may formulate more specific standards within the scope of the standards determined by the new Land Management Law. When implementing land acquisition, the government should determine specific compensation methods in accordance with the provisions of the Land Management Law, rather than negotiation between the state (government) and farmers or compensation based on "market prices." The fee paid is still in the nature of compensation or subsidy, not the full land price, and the land acquisition compensation standard cannot be determined based on the land use right transfer price. Second, the principle of land acquisition compensation and resettlement subsidies is to ensure that the living standards of land-expropriated farmers will not be reduced due to land acquisition. After land acquisition, through compensation and various resettlement measures, the living standards of farmers in the land-expropriated units must reach the living standards before land acquisition. If it cannot be achieved, corresponding measures should be taken, including increasing the compensation standard, which can be increased up to 30 times. In this way, even if the money is deposited in the bank, at the current interest rate, farmers' income can be guaranteed to be higher than before the land was expropriated. Third, there is no coup in the land acquisition compensation method, and land acquisition fees should be managed and used according to the original method.

That is, land compensation is compensation for losses caused by inputs to land owners and users, and should belong to the land owners and users. The resettlement subsidy is used for the living resettlement of the people in the land-expropriated unit, and should be used for the production and living resettlement of the users or contract operators of the expropriated land. Compensation fees for ground objects, young crops, etc. belong to the owners of the ground objects and young crops.