Article 26, paragraph 1, of the "Regulations for the Implementation of the Land Management Law" stipulates: "Land compensation fees shall belong to rural collective economic organizations."
That is, the beneficiaries of land compensation fees should be all members of the collective organization.
Article 19 of the "Organic Law of Villagers' Committees of the People's Republic of China" stipulates: "For the following matters involving the interests of villagers, the villagers' committee must submit them to the villagers' meeting for discussion and decision before handling... (3) Income from the village collective economy
The use of..." "The Interpretation of the Supreme People's Court on the Applicable Legal Issues in the Trial of Cases Involving Rural Land Contract Disputes" stipulates in Chapter 4, Article 24: Rural collective economic organizations or villagers' committees or villagers' groups may, in accordance with the democratic provisions of the law,
Agree on the procedures and decide to distribute the land compensation fees received within the collective economic organization.
Therefore, for the use of land compensation fees, the village collective needs to hold a village meeting, and the villagers meeting will discuss and decide how to use it.
Extended information: Compensation fees There are three types of compensation fees for land expropriation, namely land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops.
1. The land compensation fee for land expropriation shall be six to ten times the average annual output value of the cultivated land in the three years before it was expropriated.
2. The resettlement subsidy for land acquisition 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 expropriated cultivated land 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 expropriated.
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 preceding the expropriation.
3. Compensation fees for ground attachments and young crops during land acquisition are divided into compensation standards for young crops and compensation standards for other attachments.
①Compensation standard for young crops: For crops that have just been sown, the cost of production will be compensated at one-third of the quarterly output value.
For crops in the growing period, the maximum compensation is based on the output value of the first quarter.
No compensation will be given for grain, oil crops and young vegetables that can be harvested.
For perennial economic trees, try to transplant them as much as possible, and the land-using unit will pay the transplant fee; if they cannot be transplanted and must be cut down, the land-using unit will compensate them according to the actual value.
For mature trees, the tree owners must cut them down without compensation.
②Compensation standards for other attachments: Land acquisition requires the relocation of railways, highways, high-voltage wires, communication lines, broadcasting lines, etc., and consultations with relevant departments must be carried out based on specific circumstances, an investment budget must be prepared, and included in the preliminary design budget for approval.
Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, water wells, artificial fish ponds, breeding farms, graves, toilets, pig pens, etc. shall be based on relevant standards and payment of relocation fees or compensation fees.
When a land-using unit occupies cultivated land to build houses or engage in other non-agricultural construction, it shall pay cultivated land occupation tax in accordance with the provisions of the "Interim Regulations of the People's Republic of China and the State on Cultivated Land Occupation Tax".