How to obtain land for nursing homes, and how to apply for land for building nursing homes

To declare, by ** allocation.

The materials that need to be prepared for the land certificate include the application form, ID card, household registration book and land ownership certificate. The applicant shall apply to the Institute of Land and Resources with relevant materials, and the Institute of Land and Resources shall send personnel to conduct on-site surveys, refer to the boundaries of the neighbors, and report to the Bureau of Land and Resources for registration and issuance of certificates after completing various materials, and submit an application to the people's ** civil affairs department at or above the county level where the social welfare institution is located for social service organizations, and the civil affairs department that accepts the application shall review and approve it.

1. Procedures to be handled.

According to the measures for the management of welfare institutions, there are the following items to be handled:

1. Individual application;

2. Submit the applicant's qualification certification materials;

3. Proof of funds for the establishment of welfare institutions, it must be confirmed through the bank that there is such a batch of funds;

4. Proof of the establishment of the welfare institution, whether the welfare institution is rented or owned by the individual, must have a housing certificate.

2. The following conditions are required to apply for a nursing home.

1. There are fixed service places, necessary living facilities and outdoor activity venues;

2. Comply with the national fire safety and health and epidemic prevention standards, and comply with the "Code for Building Design for the Elderly" and "Code for the Design of Urban Roads and Buildings Convenient for the Disabled";

3. Have start-up funds suitable for the content and scale of its services;

4. There is a complete charter, and the name of the institution should meet the regulations and requirements of the registration authority;

5. There are management and service personnel suitable for the development of services, medical personnel shall meet the qualifications stipulated by the health administrative department, and nursing personnel and staff shall meet the health standards stipulated by the relevant departments.

3. What are the conditions for handling land use right certificates?

1. The land applied for registration is within the administrative area;

2. The applicant has the qualifications to apply (if a citizen who has no or limited civil capacity applies for land registration, his guardian shall apply for registration);

3. Have relevant ownership certification materials;

4. The content of the application for registration is consistent with the relevant ownership certification materials.

Legal basis

Article 24 of the Law of the People's Republic of China on the Administration of Urban Real Estate Article 24 The land use rights of the following construction land, if it is necessary, may be approved and allocated by the people at or above the county level in accordance with the law

1) Land used by state organs and military land;

2) land for urban infrastructure and public welfare;

3) Land for energy, transportation, water conservancy and other projects supported by the state;

4) Other land use as provided for by laws and administrative regulations.

Legal Analysis: The sponsor shall submit an application to the people's ** civil affairs department at the county level or above where the social welfare organization is located with the following materials for social service establishments, and the civil affairs department accepting the application shall review and approve it.

Procedures to be done.

According to the measures for the management of welfare institutions, there are the following items to be handled:

One is an individual application; the second is to submit the applicant's qualification certification materials; The third is to prove the funds for the establishment of welfare institutions, and it must be confirmed through the bank that there is such a batch of funds; Fourth, the proof of the establishment of the welfare institution, whether the welfare institution is rented or owned by the individual, must have a housing certificate.

Interim Measures for the Management of Social Welfare Institutions.

Article 6: Local people's ** civil affairs departments at the county level or above shall, on the basis of the needs of the development of social welfare undertakings within that administrative region, draft plans for the establishment of social welfare institutions.

The establishment of social welfare institutions shall conform to the basic standards for the establishment of social welfare institutions in planning for the establishment of social welfare institutions and social welfare institutions.

Article 7: Organizations established in accordance with law or individuals with full capacity for civil conduct (hereinafter referred to as "sponsors") may submit an application for the establishment of a social welfare organization to the people's ** civil affairs department at the county level or above where the social welfare institution is located in accordance with the provisions of these Measures.

Article 8: When sponsors apply for the establishment of social welfare institutions, they shall submit the following materials:

1) Application and feasibility study report;

2) Applicant's qualification documents;

3) Proof of the funds of the proposed social welfare institution**;

Legal basis: Article 5 of the provisions on the registration and management of the business scope of enterprises Article 5 To apply for a licensed business project, the applicant shall apply to the examination and approval authority in accordance with the laws, administrative regulations and decisions, and after approval, apply for registration with the enterprise registration authority with the approval documents and certificates. If the examination and approval authority has a business term limit for the licensed business project, the registration authority shall register the business period, and the enterprise shall engage in business within the business period approved by the examination and approval authority.

To apply for a general business project, the applicant shall independently select one or more types of business with reference to the Classification of National Economic Industries and relevant regulations, and directly apply for registration with the enterprise registration authority in accordance with the law.

Legal analysis: The following provisions or agreements shall be made when issuing the decision on the allocation of state-owned construction land and signing the transfer contract and lease contract: (1) The right to use construction land may be transferred and subleased as a whole, and shall not be divided into transfers and subleases; (B) shall not change the land use determined by the plan, change the use of residential, commercial and other real estate development, by the municipal and county land and resources management departments in accordance with the law to recover the right to use construction land; (3) When signing the transfer contract and the lease contract, it shall be agreed that the right to use the land for construction land may be mortgaged for the transfer or lease.

When issuing the decision on allocation, it shall be agreed that the right to use the land for construction shall not be separately mortgaged, and if the right to use the land for construction is obtained by way of allocation, the mortgagee shall be compensated in priority only after paying the amount equivalent to the transfer fee payable from the price obtained from the auction; (4) Residential buildings such as apartments and dormitories for the elderly built in the land for elderly service facilities may be limited to 40 square meters with reference to the standard for the construction area of public rental housing sets; (5) If the elderly who meet the conditions for applying for old-age care are rented apartments, dormitories and other residential buildings, the rental service contract shall stipulate that the service period shall not exceed 5 years at a time, and the original tenant shall have the right of priority upon the expiration of the period.

Legal basis: "Guiding Opinions on the Land Use of Pension Service Facilities" Article 8 Encourage the revitalization of the stock of land for the construction of pension service facilities. For for-profit pension service institutions that use the stock of construction land to engage in the construction of pension facilities, involving the transfer (lease) or transfer of the right to use construction land, under the premise that the original land use conforms to the plan, the land use may not be changed, and the land transfer fee (rent) is allowed to be paid and the agreement transfer or lease procedures are handled.

Under the premise of complying with the plan, if the construction area of non-profit pension service facilities is increased in the completed residential area, the land price can not be increased. If it is subsequently adjusted to a for-profit pension service facility, the corresponding land price shall be paid.

Legal Division: The sponsor shall submit an application to the people's ** civil affairs department at the county level or above where the social welfare organization is located with the following materials, and the civil affairs department accepting the application shall review and approve it.

According to the measures for the management of welfare institutions, there are the following items to be handled:

One is an individual application; the second is to submit the applicant's qualification certification materials; The third is to prove the funds for the establishment of welfare institutions, and it must be confirmed through the bank that there is such a batch of funds; Fourth, the proof of the establishment of the welfare institution, whether the welfare institution is rented or owned by the individual, there must be a housing certificate.

Legal basis: Social Insurance Law of the People's Republic of China

Article 11 The basic endowment insurance shall be combined with social pooling and personal accounts. The basic endowment insurance is composed of employer and individual contributions, as well as subsidies.

Article 12 The employer shall pay the basic endowment insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be credited to the basic endowment insurance pool. Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts. Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.

Article 13 Before the employees of state-owned enterprises and public institutions participate in the basic endowment insurance, the basic endowment insurance premiums that should be paid during the deemed payment period shall be borne by the first employee. When the basic endowment insurance is insufficient, it will be subsidized.