Danyang City’s land expropriation compensation and social security measures for land-expropriated farmers?

(Draft for comments)

Chapter 1: General Provisions

< p>Article 1: In order to safeguard the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, protect the lives and long-term livelihoods of land-expropriated farmers, and standardize land-expropriated compensation and social security work for land-expropriated farmers, according to the Jiangsu Province Land Expropriation Compensation and Land-Expropriated Farmers’ Social Security The Measures for the Social Security of Farmers", the "Notice of the Zhenjiang Municipal People's Government on Issuing the Measures for Compensation for Land Acquisition and the Social Security Measures for Landless Farmers in Zhenjiang City" and other policy regulations are formulated based on the actual situation of this city.

Article 2: The term “land expropriation compensation and social security for land-expropriated farmers” as mentioned in these Measures refers to the state’s compensation for land-expropriated farmers and rural collective economic organizations and arrangements for land-expropriated farmers and rural collective economic organizations in accordance with the law after expropriating land collectively owned by farmers. Social security fees for land-expropriated farmers are included in the urban and rural social security system.

Article 3: These measures shall apply to land acquisition compensation and social security for land-expropriated farmers within the administrative region of this city.

Article 4: The social security of land-expropriated farmers should follow the principles of protection immediately after expropriation, protection of all those who should be protected, classified protection, and gradual improvement, and should be combined with employment promotion to integrate land-expropriated farmers into urban and rural society. The security system ensures that the original living standards of land-expropriated farmers are not reduced and that their long-term livelihoods are guaranteed.

Article 5: Land-expropriated farmers shall be selected from among the members who enjoyed land contract management rights and assumed agricultural obligations in the rural collective economic organization that owned the land before land acquisition. The original land contract management rights holders shall have priority. right.

Article 6: Farmers whose land has been expropriated shall be selected according to the following procedures:

(1) The land department shall determine the number of farmers whose land has been expropriated in accordance with regulations.

(2) The land-expropriated persons are generated by the rural collective economic organizations whose land is expropriated. The persons are determined according to the ratio of the three age groups in the rural collective economic organizations, and the list is reported to the town people's government, sub-district office (development zone) Management Committee).

(3) The town people's government and sub-district office (development zone management committee) are responsible for reviewing the list of reported persons, and posting a list at the location of the rural collective economic organization whose land has been expropriated for 7 days. If there is no objection to the announcement, The town people's government and sub-district office (development zone management committee) shall report to the municipal government for determination.

Article 7: Compensation for land expropriation and participation in social security for landless farmers shall be the unified responsibility of the Municipal People's Government. Municipal land, human resources and social security, finance, supervision, statistics, agriculture, civil affairs, auditing and other departments shall work together to complete relevant work in accordance with their respective responsibilities; the town government and sub-district office (development zone management committee) shall cooperate in completing land acquisition Work related to compensation and social security for land-expropriated farmers.

Article 8: The compensation standard for land acquisition shall be based on the land location price standard announced by the provincial government.

Chapter 2: Compensation for Land Acquisition

Article 9: When collectively owned land is expropriated by farmers, compensation for land expropriation shall be paid in full in accordance with the law and social security expenses shall be arranged for the farmers whose land was expropriated. Compensation for land acquisition includes land compensation, resettlement subsidy, compensation for ground attachments and young crops. The land acquisition compensation plan will be implemented in accordance with the land acquisition compensation standards, and the land compensation fees and resettlement subsidies will not be lower than the minimum standards stipulated by the provincial government. In qualified areas, the municipal government will formulate land acquisition compensation area prices based on planned uses and social security fund needs, and then announce and implement them.

Article 10? Land collectively owned by farmers is divided into agricultural land, construction land and unused land according to its purpose.

The land compensation fee for the expropriation of agricultural land is calculated based on the area of ??the expropriated land. The standard land compensation fee is 21,000 yuan per mu (of which the standard land compensation fee for the expropriation of vegetable land is 30,000 yuan per mu); expropriation The land compensation fee for construction land shall be calculated according to the land compensation fee for the expropriation of agricultural land; the land compensation fee for the expropriation of unused land shall be calculated at 0.5 times the land compensation fee for the expropriation of agricultural land.

Article 11: Resettlement subsidies shall be paid for the expropriation of agricultural land. The resettlement subsidies shall be calculated according to the number of land-expropriated farmers who need to be resettled. The resettlement subsidy standard for each land-expropriated farmer shall be 17,000 yuan. The number of land-expropriated farmers who need to be resettled is calculated based on the expropriated agricultural land area divided by the per capita agricultural land area of ??the land-expropriated rural collective economic organizations before land acquisition.

No resettlement subsidy will be paid for the acquisition of construction land and unused land.

Article 12: If land expropriation involves houses and other buildings and structures, compensation shall be provided in accordance with the law.

If the expropriation of homestead land involves farmers’ houses, the living conditions of the expropriated persons shall be guaranteed. If the homestead can be rearranged, the housing will be compensated based on the replacement price; if the homestead cannot be rearranged, the housing will be arranged in accordance with the principle of an area equivalent to the expropriated housing, or compensation will be given based on the market assessment price.

If the land expropriation involves other buildings and structures, compensation shall be provided in accordance with the law. If it is possible to rearrange other construction land, the buildings and structures will be compensated according to the replacement price; if other construction land cannot be rearranged, compensation will be given according to the market assessment price.

Article 13: If land acquisition involves compensation for farmland water conservancy, transportation, electricity, communication infrastructure and other ground attachments and young crops other than those specified in the previous article, relocation fees and reconstruction fees shall be paid in accordance with the principle of equivalent substitution. fees or compensation.

(1) The compensation fee for young crops will be calculated as a one-time compensation based on the output value of one season (see Appendix 1). Those that can be harvested as scheduled will not be compensated. For seedlings, flowers, plants, perennial economic trees, etc. that can be transplanted, transplant labor fees will be paid; for those that cannot be transplanted, price purchase compensation will be negotiated (see Appendix 2). If negotiation fails, the local government will take the lead and determine the price with reference to the market price. No young crop compensation will be paid for construction land, unused land and non-profitable land.

(2) After the land acquisition notice is served, no compensation will be given for flowers, plants, seedlings, young economic trees (crops) and newly built ground attachments planted without authorization.

(3) Ground attachments will be compensated according to standards (see Appendix 3). Compensation methods and standards for houses and other buildings and structures shall be implemented in accordance with relevant regulations.

Article 14: The land acquisition compensation standards for the construction of large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the land acquisition compensation standards stipulated by the Provincial People's Government. If the standards stipulated by the State Council are higher than the provincial People's Government, the standards stipulated by the State Council shall be implemented. standard.

Article 15: After the land expropriation is approved and announced in accordance with the law, the owners and users of the expropriated land shall, within the period specified in the announcement, present the land ownership certificate or relevant certification materials to the designated location in the announcement. Register for land acquisition compensation at the location.

Article 16: The land and resources department shall, based on the land expropriation plan approved in accordance with the law, work with relevant departments to formulate a land expropriation compensation and resettlement plan, make an announcement in the town (street) and village where the expropriated land is located, and listen to the land expropriation plan. Opinions of rural collective economic organizations and farmers on land expropriation. After the land acquisition compensation and resettlement plan is approved by the municipal government, it will be organized and implemented by the land and resources department in accordance with regulations.

Article 17: Land compensation fees belong to the rural collective economic organizations whose land has been expropriated, but no less than 70% of the agricultural land compensation fees should be paid to landless farmers over 16 years old.

The resettlement subsidy is used for living allowances for landless farmers under the age of 16 and social security for landless farmers over 16 years of age.

Compensation fees for ground attachments and young crops belong to their owners.

Article 18: If the land acquisition compensation fee is not paid in full, the land-expropriated rural collective economic organization and its members have the right to refuse to hand over the land; if the land acquisition compensation fee is fully paid, the land-expropriated rural collective economic organization and its members shall deliver land on time.

Article 19: If there is a dispute between the land-expropriated rural collective economic organization and the land-expropriated farmers over the land expropriation compensation and resettlement plan, the municipal people's government shall coordinate; if coordination fails, the people's government that approved the land expropriation shall make a ruling. The implementation of the expropriation act will not be affected during the dispute period, and the ruling will be implemented after the ruling. The specific procedures for coordination and adjudication of disputes shall be implemented in accordance with relevant regulations.

Chapter 3? Social security for land-expropriated farmers

Article 20: Based on the date of approval of the land-expropriated compensation and resettlement plan, land-expropriated farmers will be divided into the following three age groups ：?

(1) Minor age group: under 16 years old;

(2) Working age group: males from 16 years old to 60 years old, females from 16 years old to 55 years old ;

(3) Elderly care age group: women over 55 years old, men over 60 years old.

The determined proportion of people of each age group among land-expropriated farmers should be basically the same as the proportion of people of that age group in the land-expropriated units.

Article 21: The social security objects of land-expropriated farmers are generated from the land-expropriated farmers. The following persons are not the social security objects of land-expropriated farmers:

(1) Under 16 years old Landless farmers;

(2) Staff members of state agencies or public institutions whose household registration is in a rural collective economic organization;

(3) Although their household registration is in a rural collective economic organization, Persons who have retired (employed) and received pension insurance and work-related injury allowances with the approval of relevant departments.

(4) Other persons who are not subject to protection according to regulations.

The above persons will receive a one-time living subsidy in accordance with the city’s resettlement subsidy standards and will no longer participate in social security as landless farmers.

Article 22: Land-expropriated farmers of working-age age shall participate in the basic pension insurance for enterprise employees in accordance with the regulations for flexible employment personnel, which can be converted forward for up to 15 years from the date of approval of the land-expropriation compensation and resettlement plan. payment period, but not earlier than 16 years of age.

For land-expropriated farmers who are already employed in enterprises or participate in the basic pension insurance for enterprise employees as flexible employees, the total payment period combined with the insured years and insured years shall not exceed 15 years, but shall not be earlier than 16 years old.

Land-expropriated farmers who have participated in the social pension insurance for urban and rural residents shall be transferred in accordance with the linkage measures between urban and rural pension insurance systems and participate in the basic pension insurance for enterprise employees in accordance with the provisions of paragraph 1 of this article.

Article 23: From the month following the approval of the land acquisition compensation and resettlement plan, land-expropriated farmers of the retirement age will receive monthly pension subsidies at a rate of no less than 1.1 times the minimum living security standard for urban and rural residents in our city. The pension will be adjusted simultaneously with the urban and rural minimum living security standards. While participating in the urban and rural residence insurance, you will also enjoy the basic pension of the social pension insurance for urban and rural residents in our city. Landless farmers in the retirement age group who have a balance in their individual accounts when they die will inherit them in accordance with the law, and they will also enjoy a one-time funeral fee of 1,400 yuan.

Personnel who enjoy the pension insurance benefits of government agencies, enterprises and institutions voluntarily choose to enjoy the benefits according to the principle of "higher rather than lower", and are not allowed to enjoy them repeatedly. Those who choose non-landed farmers' security benefits will receive a one-time living subsidy according to the resettlement subsidy standard and will no longer participate in social security as land-expropriated farmers.

Article 24: Social security funds for land-expropriated farmers mainly include resettlement subsidies and their value-added income and social security fees included in the cost of land acquisition. If the social security funds of land-expropriated farmers are insufficient, the Municipal People's Government shall be responsible for solving the problem.

The minimum standard of social security funds for land-expropriated farmers is calculated based on 1.1 times the city’s urban and rural minimum living security standards in the year of land acquisition multiplied by 139.

The Municipal People's Government raises social security funds for land-expropriated farmers in accordance with the principles of revenue determined by expenditure, balancing revenue and expenditure, and leaving no gaps, and includes them in the cost of land acquisition to ensure the implementation of land acquisition security funds.

Article 25: The municipal finance department shall establish a special financial account for social security funds for land-expropriated farmers (hereinafter referred to as the special security fund account) to manage and account for the social security funds for land-expropriated farmers over 16 years old.

The social security funds of landless farmers over the age of 16 are transferred into a special security fund account in one go, and the municipal social insurance agency is responsible for establishing individual sub-accounts.

Article 26: After land-expropriated farmers of working age participate in the basic pension insurance for enterprise employees in accordance with regulations, the basic pension insurance policy provisions for enterprise employees shall be implemented. The retirement age for female insured persons is 55 years old. The balance of the funds in the personal sub-account of the special security fund account can be refunded to the individual in one go when the payment reaches the minimum payment period to enjoy the retirement benefits of the basic pension insurance for enterprise employees; or the basic pension insurance premiums for enterprise employees can be paid for one year and refunded to other persons. One year of social security funds until the funds in the personal sub-account are exhausted.

Article 27: If the per capita income of land-expropriated peasant families is lower than the city’s urban and rural minimum living security standards, they may apply for minimum living security in accordance with regulations.

Article 28: Land-expropriated farmers will enjoy relevant benefits after paying insurance premiums in accordance with medical, work-related injury and maternity insurance regulations.

Article 29: The Municipal People's Government and its relevant departments shall incorporate land-expropriated farmers within the working age group into the urban employment system, strengthen employment training and guidance, create employment conditions, and promote the employment of land-expropriated farmers.

Chapter 4: Fund Management

Article 30: Implement a pre-deposit system for land acquisition compensation funds.

Before land acquisition is submitted for approval, the Municipal People's Government shall deposit the land acquisition compensation fees and the social security fees required for the land-expropriated objects into the account designated by the municipal finance department (hereinafter referred to as the pre-deposit account). The social security fees of the land requisition guarantee objects will be included in the cost of land requisition, and any case where the funds are not in place will not be accepted. When submitting for approval of land acquisition, the municipal finance department shall issue relevant vouchers for the implementation of land acquisition compensation fees and social security fees for land-expropriated farmers.

Before the Municipal People's Government approves the land acquisition compensation and resettlement plan, the Municipal Human Resources and Social Security Department shall provide review opinions on the implementation of social security fees for land-expropriated farmers. If land acquisition is approved by the State Council, the municipal human resources and social security department shall report the implementation of social security fees for land-expropriated farmers to the provincial human resources and social security department for review. Without review and approval, the Municipal People's Government shall not approve or implement the land acquisition compensation and resettlement plan.

Article 31: The municipal land and resources department shall pay the land compensation fee in full from the pre-deposit account to the rural collective economic organization within 15 working days from the date of approval of the land acquisition compensation and resettlement plan. ; Pay young crop compensation fees to their owners. The expropriation, compensation and resettlement of ground attachments shall be carried out in accordance with the regulations of the Municipal People's Government.

Rural collective economic organizations shall pay no less than 70% of the agricultural land compensation fee to the land-expropriated farmers over the age of 16 within 10 working days from the date when the list of land-expropriated farmers is determined by the Municipal People’s Government. Land expropriation for farmers.

Article 32: Within 10 working days from the date when the list of land-expropriated farmers is determined by the Municipal People’s Government, the municipal land and resources department shall withdraw from the pre-deposit account the social security benefits of the land-expropriated farmers. The living allowances of the target and land-expropriated farmers under the age of 16 shall be paid in full to the rural collective economic organization, which shall pay according to the prescribed standards, and the social security funds of the land-expropriated farmers over 16 years old shall be transferred to the special security fund account in one go.

Within 10 working days after the social security funds of the land-expropriated farmers arrive, the municipal human resources and social security department shall handle it in the following manner:

(1) Transfer the working-age farmers’ social security funds to their accounts The social security funds of land-expropriated farmers are recorded into their personal sub-accounts in the special security fund account and used to pay basic pension insurance premiums for enterprise employees.

(2) Credit the social security funds of landless farmers in the retirement age into their personal sub-accounts in the security fund special account for the monthly payment of pension subsidies; in accordance with Article 20 of these Measures Paragraph 2 of Article 3 stipulates that those who choose social security benefits for non-landed farmers must sign an agreement and pay a one-time living subsidy in accordance with local resettlement subsidy standards.

Article 33: The social security funds of land-expropriated farmers shall be managed in accordance with the relevant provisions of social security funds, and shall be kept and accounted separately to maintain and increase their value.

Article 34: Part of the land compensation fees belonging to rural collective economic organizations according to law shall be included in rural collective asset management and used for the development of production and public welfare undertakings of rural collective economic organizations and shall not be misappropriated for other purposes.

Chapter 5: Legal Responsibilities

Article 35: In the work of land expropriation compensation and social security for land-expropriated farmers, the relevant agencies and departments and their staff have any of the following acts: 1. If a crime is committed, the superior people's government, relevant competent departments or supervisory authorities shall order corrections, and the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

( 1) Failure to perform duties in accordance with the law, resulting in the failure to pay land acquisition compensation fees and social security fees for land-expropriated farmers in full and on time;

(2) False statements regarding the implementation of land acquisition compensation fees and land-expropriated farmers’ social security fees voucher;

(3) Providing false review opinions on the implementation of social security fees for land-expropriated farmers;

(4) Occupying, withholding, or misappropriating land-expropriated compensation fees and land-expropriated farmers Social security expenses.

Article 36: If a rural collective economic organization that is subject to land requisition commits fraud and falsely claims, withholds or misappropriates land requisition compensation fees, the relevant authorities shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law. Administrative sanctions shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Chapter 6: Supplementary Provisions

Article 37: The “above” mentioned in these Measures includes the original number.

Article 38: These Measures shall come into effect on January 1, 2014 and shall be valid for 5 years.

Those who have previously participated in the basic living security system for land-expropriated farmers shall still follow the "Danyang City Land Expropriation Compensation and Basic Living Security System for Land-expropriated Farmers" (Dan Zhengfa [2007] No. 109), "Related to the Pilot Work on New Policies for Land-expropriated Farmers' Security" "Opinions on Handling Problems" (Danbanfa [2012] No. 69) are implemented, and the measures for safeguarding farmers whose land has been expropriated over the years will be formulated separately when conditions permit.