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The Land Management Law of the People's Republic of China has provisions:
Article 45 The expropriation of the following land shall be approved by the People's Republic of China
1) Basic farmland.
2) Cultivated land other than basic farmland exceeds 35 hectares.
3) Other land exceeding 70 hectares.
The expropriation of land other than the provisions of the preceding paragraph shall be approved by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. Where agricultural land is expropriated, the examination and approval for the conversion of agricultural land shall be handled in accordance with the provisions of Article 44 of this Law. Among them, after the approval of the conversion of agricultural land, at the same time go through the approval procedures for land acquisition.
There will be no separate approval for land acquisition; By the provinces, autonomous regions and municipalities directly under the Central Government's approval of the land acquisition approval within the scope of the approval of agricultural land transfer, at the same time for land acquisition approval procedures, no longer separately for land acquisition approval, beyond the approval of land acquisition, shall be in accordance with the provisions of the first paragraph of this article for land acquisition approval.
Article 46 Where the State expropriates land, it shall be approved in accordance with legal procedures, and shall be announced and organized by the local people at or above the county level.
The owner of the expropriated land, the right to use shall, within the time limit specified in the announcement, hold the land ownership certificate to the local people's land administrative departments for land requisition compensation registration.
Article 47 Where land is expropriated, compensation shall be given in accordance with 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.
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Hello, the expropriation of collective land is based on the Land Management Law and the Regulations for the Implementation of the Land Management Law, according to which the expropriated persons include land compensation, land attachments, resettlement subsidies, seedling subsidies and rural villagers' housing fees, among which, the compensation and resettlement subsidies for the land are determined according to the comprehensive land price of the expropriated area, and in principle, it shall not be lower than the original living standard of the expropriated person.
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Legal Analysis: The state has abolished the agricultural tax. The land tax is for non-agricultural land, and if you are agricultural land, you do not have to pay land tax.
Legal basis: Provisional Regulations of the People's Republic of China on Urban Land Use Tax
First in order to rationally use urban land, adjust the income of land grading, improve the efficiency of land use in difficulty, and strengthen land management, these Qingchong regulations are formulated.
Article 2 Units and individuals using land within the limits of cities, county seats, organized towns, industrial and mining areas shall be taxpayers of urban land use tax (hereinafter referred to as land use tax) and shall pay land use tax in accordance with the provisions of these Regulations. The term "units" as used in the preceding paragraph includes state-owned enterprises, collective enterprises, private enterprises, joint-stock enterprises, foreign-invested enterprises, foreign enterprises and other enterprises and public institutions, social organizations, state organs, the military, and other units, including individual industrial and commercial households and other individuals.
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Legal analysis: No unit or individual may occupy, buy or sell or illegally transfer land in other forms. Land use rights may be transferred in accordance with law. the needs of the State in the public interest;
Land may be expropriated or requisitioned in accordance with the law, and compensation may be given. The State implements a system of paid use of state-owned land in accordance with the law. However, the lack of rubber is the exception of the state-owned land use rights allocated by the state within the scope prescribed by law.
Legal basis: "Law of the People's Republic of China on Land Management" Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people.
Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.
The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.
The State implements a system of paid use of state-owned land in accordance with the law. However, Liang argued that the state allocates state-owned land use rights within the scope prescribed by law.
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