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Compensation standard for temporary land occupation

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Compensation standard for temporary land occupation


        

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  • 2024-06-18 06:00:01

    The compensation standard for temporary land use is calculated according to the average annual output value of the three years before the land is requisitioned, and the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department are used as reference to pay land compensation fees, resettlement subsidies, land attachment loss fees, etc.

    Legal basis

    Article 48 of the Land Administration Law of the People's Republic of China shall provide fair and reasonable compensation for land acquisition to ensure that the original living standard of farmers whose land is expropriated is not reduced and their long-term livelihood is guaranteed.
    When land is expropriated, land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other attachments to the ground and young crops shall be paid in full and timely according to law, and social security fees for farmers whose land is expropriated shall be arranged.
    The standards of land compensation fees and resettlement subsidies for requisitioned agricultural land shall be determined by provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of regional comprehensive land prices. In formulating regional comprehensive land prices, factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level should be comprehensively considered and adjusted or re announced at least every three years.
    The compensation standards for land other than agricultural land, land attachments and young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. For the houses of rural villagers, fair and reasonable compensation shall be given in accordance with the principle of compensation first and then relocation, improved living conditions, respect the wishes of rural villagers, rearrange the homestead for building houses, provide resettlement houses or monetary compensation, and compensation shall be made for the relocation, temporary resettlement and other expenses caused by expropriation, We will safeguard the rights of rural villagers to live and their legitimate rights and interests in housing and property.
    The local people's government at or above the county level shall include the land requisitioned farmers into the corresponding social security system such as old-age pension. The social security expenses of land requisitioned farmers are mainly used for social insurance payment subsidies such as endowment insurance of qualified land requisitioned farmers. Measures for the collection, management and use of social security fees for land requisitioned farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

    Article 57 of the Land Administration Law of the People's Republic of China requires the temporary use of state-owned land or land owned by peasant collectives for construction projects and geological exploration, which shall be approved by the natural resources department of the people's government at or above the county level. Among them, the temporary use of land within a planned urban area shall be approved by the relevant competent department of city planning administration before being submitted for approval. The land user shall, according to the ownership of the land, sign a contract for the temporary use of the land with the relevant department in charge of natural resources or the rural collective economic organization or the villagers' committee, and pay compensation fees for the temporary use of the land as agreed in the contract.
    Users of land for temporary use shall use the land according to the purposes agreed in the contract for temporary use of land, and shall not build permanent buildings.
    The term of temporary land use is generally not more than two years.

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