It has been officially implemented!Hebei's latest notice is here!

Author:Shijiazhuang Daily client Time:2022.09.14

A few days ago, the General Office of the People's Government of Hebei Province issued the "Regulations on the Substance of Land Collection in Hebei Province" and issued a notice.

Regulations for land acquisition of land in Hebei Province

Chapter 1 General Principles

Article 1 In order to regulate the legal rights and interests of land acquisition of land acquisition, maintain the legitimate rights and interests of land collective economic organizations and land requisition farmers, and ensure the reasonable land use of economic and social development, in accordance with the "Regulations on Implementation of the Land Management Law of the People's Republic of China" and the "Regulations on the Implementation of the Land Management Law of the People's Republic of China" And laws and regulations such as the "Regulations on Land Management of Hebei Province" formulate these regulations in accordance with the actual situation of our province.

Article 2 In order for public interests in the administrative area of ​​the province, these regulations shall be applied to the collective land of farmers.

Article 3 The land acquisition of land shall follow the principles of legal, reasonable, fair, and openness, take into account the interests of the country, collective and individuals, and ensure that the original living standards of land acquisition farmers are not reduced and long -term livelihood is guaranteed.

Chapter 2 Equipment of Land Early Port

Article 4 If the municipal, county (city, district) governments are required to collect the scope of the collection and organize relevant work in accordance with the law of the Land Management Law of the People's Republic of China, and the collection of collective land must be required to collect and organize relevant work in accordance with the law.

Article 5 After the municipal, county (city, district) governments have determined the scope of land to be requisitioned, they shall adopt a way that is conducive to the public's awareness of the public. Positive places are posted on the collection of land prediction and announced on the local government portal website that the prediction time for the collection of land is not less than ten working days. The prediction of land acquisition should include the scope of collection, the purpose of levy, and the arrangement of the current situation of land. From the date of the release of the prediction of the land for self -levies, no unit or individual may grab planting and construction within the scope of the collection; if it violates the regulations, it will not compensate for the construction of the construction and the construction of the construction.

Article 6 Government of cities, counties (cities, and districts) shall organize the investigation of the status quo of land acquiring land in accordance with the law and be responsible for authenticity. The survey of the current land should find out the location, ownership, land, area, and area of ​​the land, as well as the ownership, types, and quantities of rural villagers' housing, other land attachments, and green seedlings.

Article 7 Government of cities, counties (cities, districts) shall carry out social stability risk assessment in accordance with the law, scientifically predict, analyze and evaluate the social stability risk of the land, determine risk points, formulate risk response strategies, preventive measures and disposal Plan. Social stability risk assessment shall be involved in rural collective economic organizations and members, villagers' committees and other stakeholders. When the city, county (city, district) governments apply for land, they need to explain the assessment of social stability risk.

Article 8 Government of cities, counties (cities, and districts) shall organize natural resources, finance, agricultural and rural areas, human resources and social security, in accordance with the results of social stability risk assessment and combined with the survey of the current situation of land. The land acquisition compensation resettlement plan shall include the scope of collection, the current status of land, the purpose of the collection, the method of compensation and the standard, the resettlement object, the resettlement method, and the social security.

Article 9 After the land acquisition compensation and resettlement plan is drafted, the municipal, county (city, district) governments shall be announced by posting in the townships (streets) and villages (communities) and village groups that are requisitioned. On the 30th. The results of the survey of the current land shall be announced with the land acquisition compensation and resettlement scheme.

The announcement of land acquisition compensation resettlement shall include the following:

(1) The scope of land acquisition (another scope map and post);

(2) The results of the current situation of land;

(3) Requirement purpose;

(4) Compensation methods and standards;

(5) resettlement object;

(6) resettlement method;

(7) Social security;

(8) The method and period of compensation registration;

(9) Fonent feedback channels;

(10) Other matters.

Article 10 If the land collective rural collective economic organization or its members, villagers committees or other stakeholders have opinions and suggestions on land acquisition compensation and resettlement schemes, they may use the objection channels in the compensation and resettlement announcement to the city, county (city, district) The government proposes that the municipal, county (city, district) governments should study carefully and respond in a timely manner. If more than half of the members of the rural collective economic organizations who have been requisitioned, if the proposed land acquisition compensation resettlement plan does not meet the laws and regulations, the municipal, county (city, district) governments shall organize hearing. The municipal, county (city, district) governments shall determine the land acquisition compensation and resettlement plan and release them in accordance with laws, regulations, hearing, and soliciting opinions. The city, county (city, district) governments should truthfully explain the hearing in the land acquisition declaration document.

Article 11 Government of cities, counties (cities, districts) shall organize the owners and users who intend to collect the land and the right to collect the land for land acquisition compensation and resettlement. Apply for land acquisition compensation registration. If the overdue is not registered, the content of its compensation registration is determined based on the survey results of the current situation.

Article 12 Governments of the city, county (city, district) shall sign the relevant departments of the relevant departments with the owners and owners of the land requisitioned to sign the land acquisition compensation and resettlement agreement, and be responsible for the authenticity of the signing of the agreement.

Article 13 If it is indeed difficult to reach an agreement, the municipal, county (city, district) governments shall truthfully explain the specific situation of the unsigned land acquisition compensation and resettlement agreement when applying for the land acquisition of land and ensure their legitimate rights and interests. The proportion of the right to the right to collect the land for the land acquisition compensation compensation shall not exceed 10 % of the total number of agreements, and the area of ​​the land that shall not sign the agreement shall not exceed 10 % of the total area of ​​the land. Article 14 Governments of cities, counties (cities, districts) shall organize relevant departments to calculate the compensation fees, resettlement subsidies and rural villagers, other land attached and green seedlings, and social security expenses for land compensation fees, resettlement subsidies and rural villagers. Implement the relevant expenses in a timely manner to ensure enough in place. The city, county (city, district) governments need to explain the implementation of the expenses in the levy land application information and attach vouchers.

Chapter III Exclude Land Approval

Article 15 After the preliminary work of the land acquisition is completed, the municipal, county (city, district) governments shall submit to the government with the right to collect the right to levy and resettle the compensation and resettlement agreement, and the application materials shall be submitted to the government with the right to approve. Implementation of relevant national and provincial regulations. If it is not proposed within one year, the preliminary work of the land acquisition shall be restarted.

Article 16 The collection of land application materials is reviewed and reported to the government with the right to approve. The government with the right to approve the need for land acquisition of land, whether it is in line with Article 45 of the Land Management Law of the People's Republic of China, and whether it is required for public interests and whether it is required to levy land and whether it meets the legal procedures.

Chapter IV Procedures for Requesting Land Approval

Article 17 After the application for land acquisition is approved by law, the municipal, county (city, district) governments shall be within 15 working days from the date of receiving the approval document of the land acquisition land. The website issued an announcement of the land acquisition, and announced in the townships (streets), village (community) and villagers' groups that are intended to collect the land. The announcement time is not less than five working days. The announcement of the acquisition of the land shall include: approval of land acquisition agencies, approval numbers, approval time, land use, scope, area, specific work arrangement, and announcement period, and the right to reconsidery, reconsideration agencies and reconsideration periods for the land decision.

Article 18 If the individual who fails to reach a land acquisition compensation and resettlement agreement provided in Article 13 of these provisions, the municipal, county (city, district) governments shall The registration results, etc. make a decision on land acquisition compensation, and send it to the owners of the land and the right of the right to collect, and organize the implementation in accordance with the law.

Article 19 The decision to collect land compensation and resettlement shall include the basic situation of the government and the owner of the land owner and the owner of the use of land, and the approval number of the ownership of the land, the owner of the land, Standards, methods, amounts, payment periods, etc., the basis and reasons for compensation decision, apply for administrative reconsideration, the rights and periods of administrative lawsuits.

Article 20 After the land acquisition is approved by law, the municipal, county (city, district) governments shall strictly pay the land compensation fee, resettlement subsidy, and rural villagers' residences, other ground attachment and green seedlings in accordance with the land acquisition compensation and resettlement agreement in accordance with the land acquisition agreement. Compensation costs, and implement the social security costs of land acquisition farmers. Municipal, county (city, district) governments can organize relevant departments to implement relevant land acquisition related work.

Article 21 The rural collective economic organizations that have been collected by the land shall promptly announce and supervise all members of the collective economic organization in accordance with the relevant national and relevant regulations of the province in accordance with the relevant regulations of the country and the province.

Article 22 After the compensation for land acquisition compensation is fully allocated, the owners and rights of the right to the land for the requisitioned land shall clean up the attached objects and green seedlings within the prescribed period, and retreat the house to deliver the land. If there is no reason to refuse to retreat, the municipal, county (city, district) governments shall order the land; if the land refuses to hand over the land, the court shall apply for the court for compulsory implementation.

Article 23 Government and relevant departments of cities, counties (cities, districts) shall conscientiously fulfill the provisions of the above procedures, and effectively protect the right to know, participate, express and supervise the rights of land acquisitions, and effectively safeguard the legitimate rights and interests of the land acquisition.

Chapter 5

Article 24: These regulations shall be implemented from the date of printing. If other documents are inconsistent with these regulations, these regulations shall prevail.

Source: Hebei Provincial People's Government website

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