The implementation of the Harbin Municipal People's Government on the collection and approval (review) and compensation resettlement of collective land for Harbin City

The implementation of the Harbin Municipal People's Government on the collection and approval (review) and compensation resettlement of collective land for Harbin City

Harbin Police [2022] No. 21

The people's governments of various districts, relevant committees, offices, bureaus, and relevant units:

In order to implement the "Land Management Law of the People's Republic of China", the "Regulations on Implementation of the Land Management Law of the People's Republic of China", the "Regulations on the Management of Land Management of Heilongjiang Province", and "Decision on Entrusting the Implementation of the Provincial Prices for Part of the Land for Land (Audit)" (2019 Province The Government Order No. 2) and the "Decision on the People's Government of Heilongjiang Provincial Provincial Provincial People's Government on Entrusted the Implementation of the Provincial Prices for Approval (Audit)" (Decision of the Provincial Management (Audit) "(2021 Provincial Government Order No. 5) and other laws and regulations to further rationalize the collective Land acquisition compensation and resettlement main body, standards and procedures, standardize agricultural land transfer and land acquisition approval (review) work, combined with the actual situation of Harbin, the following opinions are now proposed.

1. Basic principles

——Ling district -based. Clarify the district government to undertake the application of agricultural land transfer and collective land collection, implement the responsibilities of collective land acquisition, give full play to the main role of the district government in the application of land and land acquisition work, and form a working model of unified power and responsibility.

—— protection of rights and interests. Collective land acquisition compensation and resettlement should adhere to "respecting history, seeking truth from facts, compliance in accordance with laws, and protecting rights and interests", standardize the compensation method of collective land and land, eliminate "grabbing, grabbing, and construction" Rights and interests are not infringed.

——Apandering and taking into account. Combined with the actual situation of collective land acquisition compensation work, follow the laws of market value changes, scientifically formulate collective land acquisition compensation supporting standards and policies, improve the efficiency of land acquisition work, and ensure the supply of urban construction and economic and social construction land.

—— Implementation according to law. Implement the national, provincial, and municipal agricultural land transfer and collective land acquisition of relevant laws and regulations and policies, fully consider the connection of land acquisition policies before and after, maintain policy continuity and stability, and ensure that agricultural land transfer and collective land acquisition work in accordance with law.

Second, land acquisition compensation resettlement standards

(1) Calculation of land acquisition compensation and resettlement standards

For cross -district land acquisition price spreads, the district government can be moderately adjusted by referring to the price of the adjacent district; the comprehensive land price of the area of ​​the area is lower than the past compensation price in the area, that is, the municipal government has collected and signed the land acquisition compensation standards for land acquisition compensation standards. In accordance with the compensation and resettlement standards that occur in history; the district government can adopt the "one thing, one discussion" method of the existing land acquisition policy, and solve the joint meeting of the compensation work of collective land acquisition for collective land. In actual land acquisition work, compensation resettlement standards shall not be lower than the comprehensive land price of the area.

(2) Compensation methods and standards of attachment and green seedlings on the ground and green seedlings

1. Compensation for collective agricultural land and green seedlings, the district government shall compensate for a method in a batch or one project.

(1) Implement compensation for actual evaluation costs. The actual evaluation cost refers to the agricultural production facilities that are legal on the ground by the district government that the district government has identified the legal above attachment, including the obtained agricultural production facilities that obtain the facilities and land filing procedures. Attachment on the ground is determined after evaluation. If the actual evaluation cost is compensated, the attachment and green seedlings on the ground will no longer be compensated for 8 yuan per square meter.

(2) Implement compensation for the average evaluation cost method. Projects involving centralized continuous development and cross -zone films, after the consent of collective economic organizations and farmers' consent of the land acquisition, can choose the average evaluation cost price for compensation.

The average assessment cost price is to be actual compensation costs on the actual compensation cost of the city's collective agricultural land within a certain period of time as the compensation standard. This standard is adjusted every 3 years. According to calculations, the average assessment cost of attachment on the land of collective agricultural land is 208 yuan per square meter. The average evaluation costs cover the compensation content on the collective agricultural land, including the affiliated facilities (agricultural production facilities), forestry, economic crops, green seedlings, etc. on the ground. If the average evaluation cost is compensated, other compensation is no longer given.

The district government estimates the evaluation cost of attachment of attachment to the area of ​​the region. If the average assessment cost price is higher than the city's average assessment cost, the district government set up an attachment of collective agricultural land to the land to adjust the average assessment cost price difference to adjust the average assessment cost. The adjustment of funds is extracted according to the average evaluation cost of attachments on the city, and the extraction amplitude control is controlled within 30%.

The average assessment cost method compensation is suitable for Daoli District, Waibai District, Nangang District, Xiangfang District, and bungalow areas; Acheng District, Hulan District, Shuangcheng District can be implemented.

The Harbin New District Management Committee and the Songbei District Government may formulate the compensation standards for the average assessment costs of collective agricultural land and the average evaluation cost of collective agricultural land.

2. Make compensation for the buildings and structures on the collective construction land, and two compensation methods can be adopted.

(1) For collective economic organizations that cannot provide homesteads or re -built houses, shall refer to the relevant standards of state -owned land residential houses, formulate compensation plans for collective construction land, and compensate for currency or property replacement; If the collective economic organization has the conditions to provide a house site or a collective construction land, it can be compensated by currency by combining the reset price into a new price.

(2) For non -residential buildings and buildings on collective construction land, referring to the relevant standards for levy state -owned land non -residential houses, formulate compensation plans for collective construction land, and compensate for compensation by currency. (3) Standards for the cost of old -age insurance for land acquisition farmers

In accordance with the relevant provisions of the endowment insurance of land -lost farmers, the district government is responsible for implementing the calculation, dissolution, arrangement, use, and supervision of the number of participants and expenses. The payment standard shall be implemented in accordance with the standards of the release time point of the "Announcement of the Land". The district government shall determine the number and specific personnel of the endowment insurance of farmers who lose land, and handle the pension insurance for land levy farmers. The cost of land loss for land acquisition farmers is rowed into the cost of land acquisition compensation.

The Hulan District, Acheng District, and Shuangcheng District refer to the city -level coordinating regional policies to formulate the insurance procedures.

3. Work subject and working procedures

(1) Responsibility for the transfer of agricultural land and land acquisition

1. The municipal government is responsible for undertaking the approval authority of agricultural land in the provincial government's authority into the approval of construction land and land acquisition; the provincial government's review of the implementation plan for the preparation of the construction land and land acquisition plan in accordance with the provincial government's approved land approved by the State Council; Relevant policies for collective land collection in the city; approval of the "Express Land Forecast" and "Announcement of the Land of Land".

2. As the main body of collective land acquisition, the district government is responsible for preparing the land acquisition of land acquisition into the development plan of the area; responsible for the delivery of the "Forecast of the Land" The opinions of economic organizations and their members carry out compensation registration; responsible for the preliminary work such as the confirmation of land acquisition farmers and the assessment of social stability risk assessment; responsible for formulating the "Resettlement Plan for Requesting Land Compensation" and the announcement of the "Announcement of Resetting the Land Compensation and Resettlement Plan" to apply for the "collection of collection and collection If the land compensation resettlement scheme "hearings shall be heard by the district government; responsible for the signing of the" Reconstruction of Collective Land Compensation and Resettlement ", supervise and implement relevant compensation expenses; be responsible for calculation, reporting and paying social security funds; Correction of reports and reviewing opinions to ensure the accuracy and authenticity of the reporting materials; responsible for the delivery of the "Announcement of the Land", publicity, and reserving relevant video materials; The registration of collective land ownership of collective land; responsible for the application of the land acquisition compensation and resettlement agreement after the application of the land for the application of land is approved in accordance with the law. The collection project was reviewed, and the district -level joint meeting identified the results of the review, and the identification results were based on the basis for settlement and cost return.

3. Municipal natural resources and planning departments are responsible for publicizing and implementing collective land acquisition and relevant laws and regulations for the transfer of agricultural land; in accordance with the application of the district government and the development plan and related documents of the land acquisition, Those materials are reviewed and submitted to the municipal government for approval; approved by agricultural land use and land acquisition approval and the "Announcement of the Land".

(2) Procedures for the application of agricultural land and land acquisition approval (review)

1. Release the section of the prediction of the land. The municipal natural resource planning department is proposed to be issued by the municipal government for approval according to the district government application and land levy development plan and related documents.

2. Investigation confirmation registration phase. The district government organization conducts the survey of the land survey of the land, conducts a survey of the status quo. The attachment on the ground that needs to be evaluated. After the release of the "Foresey of the Land", the district government entrusts a qualified evaluation agency to confirm the results of the survey of the status quo, and the evaluation work can be carried out simultaneously. After the above work was completed, the district government organized a social stability risk assessment.

3. Formulate the stage of compensation resettlement plan. After the risk assessment, the district government drafted the "Resettlement Plan for the Requesting Land Compensation", issued the "Announcement of the Resetting of the Land Compensation Resettlement Plan" (the content includes the scope of levy, the current status of the land, the purpose of the collection, the compensation standards, the resettlement method, and the social security), and send it to send it Da, publicity, retain related image materials. For the application of hearing, the district government organizes hearing.

4. Sign the compensation resettlement agreement stage. The district government authorized the entrusted district's collective land acquisition department to calculate the relevant expenses, signed the "Call for Collective Land Compensation and Resettlement Agreement", and paid the compensation settlement fee in full. If all or most of the land -lost farmers are required to apply for endowment insurance, the district government shall calculate the number of people in accordance with relevant regulations, calculate the cost of pension insurance for land levy farmers at the time of the "Forestell of the Land", and pre -deposit the corresponding expenses to pre -stored the cost. After the income of the farmers' endowment insurance funds in the land acquisition, the Municipal Human Resources and Social Security Bureau is requested to issue the funding for implementation. After the release of the "Announcement of the Land", the district government shall check the payment standards of the "Forestell Essay of Land" and the "Announcement of the Land for Requesting the Land". The implementation of funds is supplemented with review opinions.

5. Land acquisition group paper review phase. The district government reported to the municipal government to formally use the land instructions, drafted the work plan, and uploaded the work plan, corresponding diagram, and related land acquisition materials to Heilongjiang Natural Resources Business Management Platform. The municipal natural resource planning department fulfilled the process of review, and the district government completed the correction work within the prescribed time limit according to the conference. 6. Payment submission to approval phase. After the review is passed, the Municipal Finance Bureau pays the payment letter of the new construction land in accordance with the regulations according to the payment letter from the municipal natural resource planning department, and the payment voucher will be issued. After receiving the payment voucher and reported to the municipal government for approval, the municipal natural resource planning department issued a approval document, and proposed to be reported to the municipal government for approval. If it is a separate site selection project, the provincial and national approval procedures are performed.

7. Implementation stage after approval. The district government is responsible for the delivery, publicity, and retaining related image materials of the "Announcement of the Land"; responsible for the registration of relevant materials such as approval documents and the "Announcement of the Land" to the real estate department to handle the registration of collective land ownership.

4. Related work requirements

(1) The comprehensive package guarantee model is implemented for collecting collective land. In the implementation of land acquisition work, the district government can adopt the overall packaging model to implement a comprehensive package inspection. If a collective agricultural land is attached to the ground to perform the actual evaluation cost method, the comprehensive package insured group is: the area comprehensive land price + the actual evaluation cost price of the ground object; Comprehensive land price + average evaluation cost price + adjustment of funds. At the same time, the establishment of a balanced funding for collecting coordinated balancing is established, and collective agricultural land is calculated in accordance with the 5%ratio of the total amount of compensation. The collective construction land can refer to the relevant policies of the house collection on the state -owned land. The collection of balancing funds will be coordinated and rationally distributed and used in various districts to promote unpredictable issues in the collection and solution of the collection.

(2) Implementation compensation for land acquisition. The district collective land acquisition department directly allocates compensation fees, land attachment and green seedlings compensation fees to individuals and rural collective economic organization accounts in accordance with the "Resettlement Agreement on Collective Land Compensation". Among them, if the individual of land acquisition farmers should be paid, the collective economic organization shall conduct compensation and resettlement registration and provide a specific list. It is directly issued to the landlocked farmers through the registered bank card or one -folding.

(3) Carry out the evaluation of social stability risk. The district government shall, in accordance with the relevant provisions of the "Rules of Implementation of the Implementation Measures for the Evaluation of the Social Risk Evaluation of the Major Decision on Social Risk (Trial)" and the "Rules for the Implementation of the Implementation of the Implementation of the Social Stability Risk Evaluation of the Black and Resources Department of the Heilongjiang Provincial Department of Land and Resources" Compensation and resettlement of collective land is evaluated for social stability risk assessment.

(4) Improve the evaluation of district -level collective land. The district government should strengthen the coordination and management of the evaluation work in accordance with the actual situation of collective land acquisition work in this region. In accordance with the principle of "openness, fairness, and fairness", organize evaluation agencies to carry out evaluation operations. Essence

(5) Do a good job of land acquisition, appeal, and information disclosure. The district government shall do a good job in collecting collective land acquisition and resettlement related visits, complaints and information disclosure in accordance with the requirements of national and provincial and municipal work. The municipal natural resource planning department is responsible for the work, complaints, and information disclosure of related visits, complaints, and information disclosure of land acquisition of land prediction, land approved documents, and land announcements.

This "Opinions" will be implemented from the date of issuance and valid for 3 years. The "Notice of the General Office of the People's Government of Harbin Municipalities on the Implementation Opinions on the Implementation of Compensation and Resettlement of Collective Land Collection of Harbin" (Harbinzhizhangfa [2016] No. 8) was abolished at the same time.

Harbin Municipal People's Government

August 1, 2022

Interpretation of the Opinions of Harbin Collective Land Collection and Approval (Audit) and Compensation and resettlement work

On August 1, 2022, Harbin City issued the "Harbin Municipal People's Government's Opinions on the Implementation of Harbin Collective Land Examination and Approval (Review) and Compensation and resettlement. The "Opinions" are interpreted as follows:

1. The basis for formulating "Opinions"

In accordance with the "Land Management Law of the People's Republic of China", the "Regulations on the Implementation of the Land Management Law of the People's Republic of China", the "Regulations on the Management of Land Management of Heilongjiang Province", and "Decision on Entrusting the Implementation of the Provincial Prices for Approval (Audit)" (2019 Provincial Government Order Order No. 2), "Decision of the People's Government of Heilongjiang Provincial Provincial People's Government on Entrusting the Implementation of the Provincial Prices for Approval (Audit)" (Decision of the Provincial Management (Audit) "(2021 Provincial Government Order No. 5)," Harbin Municipal People's Government on the announcement of the implementation of Harbin Notice of the Municipal Comprehensive Land Price Standard of the Municipal Municipal Film (Harbin Politics [2020] No. 16).

2. Develop the purpose of "Opinions"

Successfully implement the new adjustment of comprehensive land price standards for regional films, rationalize collective land acquisition compensation and resettlement subjects, standards and procedures, standardize agricultural land transfer and land acquisition approval (audit) to ensure the smooth and orderly implementation of collective land acquisitions in various district governments All work.

Third, the process of formulation

(1) Solicitation of opinions: After drafting the first draft of the "Opinions" of the Municipal Resources Planning Bureau, it was released on the official website and solicited opinions on the city. On January 29, 2021, a hearing announcement on the Opinions was issued. On March 10, 2021, a hearing and expert demonstration meeting was held, and the "Social Stability Risk Evaluation Report" was issued; Yue Cheng (Heilongjiang) Law Firm's opinions on the implementation of the collective land acquisition approval (review) and compensation resettlement of the collective land of Harbin "(review draft for comments) Legal Consultation Opinions". From April to July 2021, all relevant departments and districts were solicited. (2) Legal review: The Municipal Judicial Bureau, the Municipal Resources Planning Bureau, and the General Office of the Municipal Government conducted a legitimate review.

4. Interpretation of the main content of "Opinions"

(1) Basic principles. Adhere to district -based, protect rights and interests, and take into account the implementation of both laws and interests.

(2) Compensation standards. Further clarify the land compensation and resettlement standards, increase the new collective agricultural land compensation method, and standardize the procedures for farmers lost farmers to handle endowment insurance.

(3) subject responsibility. Combined with the adjustment of national and provincial governments in agricultural land transfer and land acquisition policies and authority, it further clarified the work responsibilities of the municipal government, district governments, and municipal resource planning departments.

(4) Working procedures. In accordance with the requirements of the Land Management Law of the People's Republic of China, combined with the provincial government's approval (review) authority entrustment to delegate work, the procedure specifications will be regulated as the launch of the announcement, the investigation confirmation registration, the compensation resettlement plan, the signing of the compensation resettlement agreement, and the land acquisition group 7 stages are implemented, approved for approval, and approved.

(5) Work requirements. In the aspects of the collection of collective land comprehensive contracting models, direct compensation for land acquisition compensation, the development of social stability risk assessment, improving district -level collective land acquisition and evaluation, land acquisition involved, appeal and information disclosure, etc., work requirements are further clarified.

5. Interpretation agency

The "Opinions" interpretation agency is the Harbin Resource Planning Bureau, and daily interpretation of the Land and Space Control Office of Harbin Resource Planning Bureau.

Contact number: 0451-86772619

Source: Harbin Municipal Government Network

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