Each house compensates for the construction area of not more than 120 square meters

In order to further standardize the collective land expropriation and compensation work in Huicheng District, safeguard the legitimate rights and interests of rural collective economic organizations, farmers and other right holders whose land has been expropriated, and promote the harmonious development of economy and society, according to the Measures for collective land expropriation and compensation in Huizhou City (Huifu [2021] No. 27, hereinafter referred to as the "Compensation Measures"), the Huicheng District Natural Resources Bureau organized the drafting of the "Detailed Rules for the Implementation of Collective Land Expropriation and Compensation in Huicheng District (Draft for Solicitation of Comments)", which was published in full on the Huicheng District Government Website on December 23, 2021. Publicly solicit the opinions of the public.

If it is not possible to allocate compensation on time, apply to the notary public for notarization of deposit and deposit

It is reported that where collective land is expropriated in accordance with law within the administrative area of Huicheng District, the district government shall make a public announcement and organize its implementation. The district government shall establish a dispute mediation body for compensation for land requisition composed of departments such as natural resources, comprehensive management of letters and petitions, civil affairs, finance, justice, human resources and social security, housing and urban-rural construction, agriculture and rural areas, and township governments. The district land requisition compensation dispute mediation institution shall promptly mediate contradictions and disputes in the process of compensation for land requisition, safeguard the lawful rights and interests of rural collective economic organizations, farmers and other right holders of land requisitioned, and ensure that the compensation for land requisition is lawful, fair and just.

Where rural collective economic organizations, peasants and other right holders whose land has been expropriated acquire lawful management rights or land use rights, and do not cooperate with the town government in investigating and registering the attachments and young seedlings on the ground, the town government shall handle notarization formalities in accordance with the provisions of the "Notary Law of the People's Republic of China" and other relevant laws and regulations.

If the rural collective economic organizations, peasants and other right holders whose land has been expropriated refuse or delay receiving compensation without justifiable reasons, the owner of the rights of the attachments or young seedlings on the ground is unclear, the address is unknown, or the heirs of the missing or deceased are not clear, or the legally-designated representative of the incapacitated person is unclear, and the town government is unable to allocate the compensation on time, the town government shall, in accordance with the provisions of the "Rules for Notarization of Deposits and Deposits" and other relevant laws and regulations, apply to the notary public institution in Huicheng District for notarization of deposits.

The type of land to be expropriated is determined by the current topographic map. After the rural collective economic organization and its members have delivered the land, the town government shall complete the clearance according to the requirements of the time of land use, and hand over the land after paying the compensation payment, or if there is no clear time requirement for the use of land, the land clearance and handover shall be completed within 30 days after the compensation payment is paid.

Houses in both cases are not given a one-time contract subsidy and a reward for abandoning the resettlement house

The Draft for Comments proposes that if a villager's residence that has not obtained a property right certificate such as the "Housing Ownership Certificate", "Real Estate Property Right Certificate" and "Real Estate Property Rights Certificate" and "Real Estate Property Rights Certificate" of the real estate integration before the pre-announcement of land expropriation is issued, the building area compensated by each house shall not exceed 120 square meters. Houses with an area of more than 120 square meters and a total construction area of more than 480 square meters, some houses covering an area of more than 120 square meters and some houses with a total construction area of more than 480 square meters, shall be compensated according to the replacement price of the building in accordance with the "Compensation Measures", and no one-time signing subsidy or abandonment of resettlement housing incentives will be given.

"One household and one house" means that a rural villager can only own one homestead, and these two situations can also be identified as "one household": members of collective economic organizations who have reached the age of majority (over 18 years old) with household registration in the village may divide their households, except for adults who cannot take care of themselves and have no one to take care of them; husband and wife are the same household, and before the pre-announcement of land expropriation is issued, they can divide the households that have gone through divorce procedures at the marriage registration organ or the people's court's judgment in accordance with the law.

Residential houses with a framework and mixed structure that have been completed but have not yet been fully completed before the pre-announcement of land expropriation are determined to meet the requirements of one household and one house, may be compensated according to the villagers' houses, but temporary resettlement subsidies, relocation subsidies and time-limited relocation incentives are not given.

Compensation for the right to use the homestead for unbuilt houses that have not obtained property rights certificates such as the "Collective Land Use Certificate" shall be applied for by the right holder and submitted the proof materials for the homestead application, and after the investigation and verification by the village or villagers' group, and the results of the investigation shall be deliberated and approved by the villagers' representative meeting, and a public announcement shall be posted within the scope of the village or villagers' group for more than 7 days, and if there is no objection or the objection is not established after the expiration of the publicity period, it shall be reported to the town government.

Where the township government organizes agriculture, rural areas, and natural resources to investigate and determine that the homestead is in line with one household and one house, in line with the town's land use plan, village planning, and is not illegal land, etc., and it is determined that compensation can be given, it shall be carried out in accordance with the provisions of the "Compensation Measures".

The delivery time of the resettlement house is agreed upon when the compensation and resettlement agreement is signed

Where there are resettlement houses in the land acquisition project, the one-time signing subsidy per square meter is 20% of the assessed unit price of the resettlement housing of the land acquisition project. Where there is no resettlement housing in the land acquisition project, the average price of ordinary commodity housing around the land acquisition project shall be determined by the District Natural Resources Bureau on the basis of the price report announced by the Municipal Housing and Urban-Rural Development Bureau and approved by the price reporting district government. One-time contract signing subsidies, incentives for abandoning resettlement housing, and time-limited relocation incentives shall not exceed the upper limit of the maximum subsidies and incentives per household stipulated in the Compensation Measures.

Resettlement housing is built in the planning area of Huicheng District and conforms to the requirements of the overall land use plan and urban and rural planning; adhere to the principles of relative concentration, nearby resettlement, unified planning, unified design, unified construction, excellent quality and economic applicability. The District Housing and Urban-Rural Development Bureau, together with the District Natural Resources Bureau and the town government, shall implement the site selection of land for the construction of resettlement housing. The construction of resettlement housing is organized and implemented by the district government, and the construction funds are included in the construction project fund budget.

The delivery time of the resettlement house is stipulated when signing the compensation and resettlement agreement, and after the district state-owned assets supervision and administration bureau delivers the resettlement house to the town government, the town government and the villagers' residential owners will handle the delivery procedures. The special residential maintenance funds for the resettlement housing are paid by the District Natural Resources Bureau in accordance with the relevant standards when determining the location of the resettlement housing, and the capital expenditure is included in the cost of land acquisition.

The temporary resettlement allowance is paid every 6 months

The unit implementing the land acquisition shall calculate and settle the difference between the villagers' residential houses and the resettlement houses with the villagers' residential rights holders. Calculated from the total compensation for villagers' residential houses at the same assessment point and the appraisal value of the selected resettlement houses, when the total compensation for villagers' residential houses is less than the appraised value of the resettlement houses, the villagers' residential rights holders make up the difference in price to the land-requisitioned units; when the total compensation for villagers' residential houses is higher than the appraised value of the resettlement houses, the higher part is compensated by the land-requisitioning units to compensate the villagers' residential owners in monetary terms.

If the housing replacement is selected for residential use, the temporary resettlement subsidy is paid every 6 months, and when the resettlement housing is notified for delivery after completion, the town government settles the temporary resettlement subsidy (that is, the resettlement subsidy during the transitional period of housing) according to the actual construction area of the resettlement house and the expropriated person. Where the loss of suspension of production and business is required for the transformation of a dwelling into a commercial entity, the temporary resettlement subsidy for the previous 6 months (i.e., the "residential transitional resettlement subsidy") will no longer be calculated.

Where the homestead is rearranged to build a house, a secondary relocation subsidy fee shall be given in accordance with the same standard. The secondary relocation subsidy fee shall be paid by the expropriation implementing unit to the owner of the villager's residential residence when the compensation and resettlement agreement is signed. If a house is selected for replacement, it is calculated according to the construction area of the selected resettlement house, the standard is 15 yuan / square meter, and the subsidy of less than 1,000 yuan is 1,000 yuan. The second relocation subsidy fee shall be paid by the levying unit to the owner of the villager's residential house when it is notified for delivery and use after the resettlement house is completed.

Above-ground attachment and seedling compensation procedure:

1. Determine the compensation range of above-ground attachments and young seedlings, and mark them in the above figure;

2. Investigate the ownership, type, quantity, etc. of above-ground attachments and young shoots;

3. Review the materials submitted by the right holder, handle the compensation registration, and make a survey result registration form, which shall be confirmed by the right holder and the rural collective economic organization, and reviewed by the town government;

4. The register form of the results of the investigation after review shall be posted and publicized within the scope of the town, village and villager group, and the publicity time shall not be less than 3 days;

5. The town government signs an agreement with the right holder on compensation for attachments on the ground and green shoots;

6. The town government shall perform the procedures of examination and approval in accordance with the regulations and pay compensation.

Procedures for identifying villagers' dwellings:

1. The application shall be made by the right holder;

2. After investigation and verification by the village or villagers' group, and after the results of the investigation are deliberated and approved by the villagers' meeting or the villagers' representative meeting, they shall be posted and publicized within the scope of the village or villagers' group for more than 7 days;

3. Where there is no objection or the objection is not established at the end of the publicity period, the village or villagers' group shall report to the town people's government to organize the departments of agriculture and rural areas, natural resources, housing and urban-rural construction, urban management law enforcement and other departments to investigate and determine whether the house belongs to the villagers' residence, whether the villagers' residence belongs to one household and one house, and the construction area of the residence;

4. It is identified as a villager's house and shall be compensated in accordance with the provisions of the "Compensation Measures" for the compensation of villagers' houses.

Measures for replacing resettlement houses in villagers' houses:

(1) The sum of the value of the villagers' residential homestead use rights, the value of the house buildings and the one-time contract subsidy shall be replaced with the appraised value of the selected resettlement house.

(2) The owner of the villager's residential house shall select the resettlement house with the closest construction area according to the equivalent replacement and calculate the floor area, and meet the following conditions:

1. The construction area of the actual resettlement house shall not be greater than the construction area of the villager's residential house certificate or the measured construction area of more than 10 square meters;

2. The construction area of the actual resettlement house shall not be greater than 10 square meters or more than 10 square meters of the resettlement house calculated by the equivalent replacement;

3. Where the construction area of each villager's residential house is less than 480 square meters and the actual construction area reaches or exceeds 480 square meters, the resettlement house with a construction area of 480 square meters can be replaced;

4. For villagers' residential houses without a certificate of construction area, the sum of the value of the villagers' residential homestead use rights, the value of the house buildings and the one-time contract subsidy shall be replaced with the appraisal value of the selected resettlement houses, but each villager's house can be replaced with a maximum of 480 square meters of resettlement houses with a construction area of 480 square meters;

5. The order of resettlement housing selection is linked to the signing order of the housing compensation and resettlement agreement, and if the housing compensation and resettlement agreement is signed first, the resettlement housing is preferred. Where there is a contract signed at the same time, the order of resettlement housing selection shall be determined according to the time of release of the pre-announcement of land expropriation.

Nandu reporter Yang Zhenhua