How much is the compensation fee for land transfer, and the compensation standard for land transfer

According to the Regulations for the Implementation of the Land Management Law, land compensation fees belong to rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings.

The expropriation of cultivated land and vegetable land shall be calculated at six times the average annual output value of the land in the three years prior to the expropriation in accordance with the ** policy stipulated by the state; The expropriation of land such as fish ponds, lotus root ponds, breeding farms, orchards, bamboo orchards, forest land, etc., shall be calculated at five times the annual output value of the land; Compensation is generally not given for the expropriation of non-profitable non-cultivated land.

Article 47 of the Land Management Law of the People's Republic of China stipulates that where land is expropriated, compensation shall be given according to the original use of the expropriated land.

The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled.

The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

There is no uniform standard for calculating compensation for land transfer. The compensation for land transfer includes many aspects, such as land acquisition standards, other taxes and fees, as well as compensation for housing above-ground objects, compensation for the relocation of power facilities, compensation for the relocation of post and telecommunications facilities, unforeseen expenses for land acquisition and relocation, etc., and there is corresponding care for the houses of the disabled who have lost their ability to work and have no livelihood. What are the modes of land transfer?

1. Land swap and land exchange is a simple exchange of the right to contract and manage their respective land between peasant households within a rural collective economic organization for the convenience of cultivation and their own needs, and is the only way to promote large-scale, industrialized, and intensive management in rural areas. Thirty years ago, China's rural areas implemented a system of land contract responsibility for joint production, and peasants were allocated land. However, due to the varying size of the land, large plots of land were divided into strips.

The various ills left over from the division of land for basic search have seriously restricted the development of productive forces and the increase of output. How to make the land centralized and contiguous to achieve large-scale and intensive management, so the exchange of this most primitive transaction method has entered the field of vision of farmers.

2. Land leasing is driven by market interests and under the guidance of farmers, farmers lease their contracted land management rights to large households, owners or enterprise legal persons and other tenants, and the term of the lease and the payment method of rent are agreed upon by both parties, and the lessee obtains the land operation right for a certain period of time, and the lessor obtains the rent of the land operation right in kind or in the form of money on an annual basis. Among them, there are large tenant type, company lease type, anti-lease and subcontract type, etc. The key is how to ensure its legitimacy.

Let both sides feel at ease.

Chongqing, for example, was approved by the state last year as a pilot area for comprehensive urban and rural reform, and took the lead in making bold explorations in the field of land reform, creating the Jiulongpo model of land circulation, that is, homestead for housing and contracted land for social security. That is, the peasants gave up the rural homesteads, the homesteads were replaced with urban development land, and the peasants got a house in the city. Peasants have given up the right to contract and manage rural land, enjoyed urban social security, and established a unified public service system in urban and rural areas.

Fourth, the joint stock cooperation "joint stock cooperation". Ningyang County, Shandong Province, China, has explored a new mechanism for the circulation of land contract management rights, and established a "joint stock cooperation" method for the circulation and distribution of land containing land. In this model, farmers form cooperatives with land management rights as shares.

In accordance with the principle of "voluntary participation by the masses, land shareholding, intensive management, income dividends, and interest protection", the village guides rural households to become shareholders with land contract management rights. Cooperatives manage land in a unified manner in accordance with democratic principles, and are no longer managed by farmers in a decentralized manner. Cooperatives are affiliated with leading enterprises for production and operation.

After the land is transferred, the compensation fee shall belong to the owner of the land contract and management right. Land circulation refers to the circulation of land use rights. According to the laws of China, land compensation fees, resettlement subsidies, and compensation fees for rural villagers' houses, other above-ground attachments and seedlings shall be paid in full and in a timely manner in accordance with the law, and social security expenses for land-expropriated farmers shall be arranged.

[Legal basis].

Fair and reasonable compensation shall be given for land expropriation in paragraphs 1, 2 and 3 of Article 48 of the Land Management Law to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed. Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers. The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts.

The formulation of comprehensive land prices for areas shall comprehensively consider 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, and shall be adjusted or re-published at least once every three years.

The compensation for the expropriation of cultivated land shall include land compensation, resettlement subsidies, and compensation for land attachments and seedlings. The compensation fee for land verification and repatriation is the compensation given to the landowner and the contractor for the losses caused by the input, and shall belong to the landowner and the contractor; The resettlement subsidy is used for the living and resettlement of the hungry people who have been contracted to change the land by land expropriation; The compensation fee for the above-ground attachments and seedlings shall be owned by the owner (i.e., the contractor) of the above-ground attachments and seedlings. Article 17 of the Rural Land Contract Law The contracting party shall enjoy the following rights:

1) Enjoy the right to use and benefit from the contracted land in accordance with the law, and have the right to independently organize production and operation and dispose of products; (2) Swapping or transferring land contracting and management rights in accordance with law; 3) Circulation of land management rights in accordance with the law; Where the contracted land is expropriated, requisitioned, or occupied in accordance with law, it has the right to receive corresponding compensation in accordance with law; (5) Other rights provided for by laws and administrative regulations.

Since the compensation standard for land circulation involves different regions and different types of land transfer, the detailed compensation standard and calculation formula will also be different. The following are the compensation standards and calculation formulas for circulating land under general circumstances:

1. Land transfer cost: comprehensively calculated according to factors such as land area, location, land grade and circulation period. The general formula is as follows:

Land transfer cost = land area x unit price coefficient + land grade coefficient + location coefficient + circulation period coefficient.

2. Compensation for land contracting: calculated according to the proportion of the income from the transfer of land use rights of the contracted land. The general calculation formula is: compensation for land contract land = income from contract land transfer x proportional coefficient.

3. Living compensation expenses: calculated according to the actual living needs of farmers or residents after relocation. The general formula for calculating rock imitation is: living compensation cost = resettlement subsidy + house relocation cost + production equipment relocation cost + other related expenses.

For example, a farmer in a certain area will transfer a piece of 100 acres of land to an enterprise, and the circulation year is limited to 30 years, the land grade is class, the location is good, the unit price coefficient is 5,000 yuan, the land grade coefficient is, the location coefficient is, and the circulation period coefficient is. then the land transfer cost in the area is:

100 mu x 5,000 yuan mu x x x = 528,000 yuan. If the income from the transfer of land use rights of the contracted land is 400,000 yuan, and the proportional coefficient is, the compensation for the contracted land is: 400,000 yuan x = 240,000 yuan.

The cost of living compensation needs to be calculated according to local policies.