Can the municipal level draw up compensation standards for cultivated land expropriation? 100

Not at or above the provincial level.

Article 47 of the Land Management Law of the People's Republic of China deals with the issue of compensation for land acquisition.

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.

The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State.

In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.

Cities with separate plans may be formulated, but they can only be implemented after approval at the provincial level.

Legal analysis: The standards of land compensation fees 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.

Legal basis: Land Management Law of the People's Republic of China

Article 48 Fair and reasonable compensation shall be given for the expropriation of land to ensure that the original living standards of the 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 the comprehensive land price of the area shall comprehensively consider the original use of the land, the conditions of land resources, the output value of the land, the location of the land, the relationship between land supply and demand, the population, and the level of economic and social development, and shall be adjusted or re-published at least once every three years.

The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Legal Analysis: There is no uniform compensation standard for expropriated farmland. Different regions have different levels of economic development and compensation standards.

The specific amount of compensation can be consulted by the local ** department. In accordance with the provisions of the Land Management Law of the People's Republic of China, if the land is expropriated, compensation shall be given according to the original use of the expropriated land. Cultivated land compensation includes land compensation, security and trembling subsidy, and compensation for ground attachments and seedlings.

The land compensation fee for cultivated land expropriation is six to ten times the average annual output value of the cultivated land in the three years prior to the expropriation of cultivated land. The subsidy for cultivated land resettlement is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the average amount of cultivated land occupied by the expropriated units before land acquisition.

Legal basis: Land Management Law of the People's Republic of China

Article 47 "Real estate mortgage" refers to the act of the mortgagor providing the mortgagee with a guarantee for the performance of debts in a manner that does not transfer possession of its lawful real estate. When the debtor fails to perform its obligations, the mortgagee has the right to be repaid in priority with the price obtained from the auction of the mortgaged real estate in accordance with the law.