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The right to use the cemetery is not permanent, but has a certain time limit, generally 50 or 70 years. According to the laws of our country, the cemetery's tomb management fee, that is, the tomb protection fee, shall not exceed 20 years at a time. However, it is not that the right to use is only for 20 years, but it is only a charging cycle of 20 years, and you can continue to renew your use after 20 years, and if you do not renew the fee, the cemetery will expire.
Article 16 of the Interim Measures for the Administration of Cemeteries of the People's Republic of China shall not operate funeral business in public welfare cemeteries without approval. The tomb management fee for a commercial cemetery shall not be collected at one time for a maximum of 20 years. The burial ground should be economical.
Regulations of the People's Republic of China on the Administration of Funerals
Article 11 Strictly limit the area and service life of cemeteries. If burial or burial of ashes is permitted in accordance with the plan, the area and service life of the burial pit for the burial of the remains or ashes shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land.
Article 19: Where the area of a grave exceeds the standard set by the people of a province, autonomous region, or municipality directly under the Central Government, the civil affairs department shall order it to make corrections within a set period of time, confiscate unlawful gains, and may concurrently impose a fine of between 1 and 3 times the amount of unlawful gains.
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The service life of a cemetery is generally 50 or 70 years. The term of use of the cemetery is the same as the use period of the land it occupies, and the tomb protection fee is paid for 20 years, and as long as the tomb protection fee is paid on time, the cemetery can continue to be used. After the expiration of the land use period, it should be disposed of in accordance with the relevant laws and regulations of the state, and if the land use period is extended, the service life of the cemetery on the land shall be automatically extended.
Legal basisArticle 11 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights.
The contract for the transfer of land use rights shall, in accordance with the principles of equality, voluntariness and compensation, be signed by the municipal and county people's land management departments (hereinafter referred to as the transferor) and the land users.
Article 12 The maximum term of land use right transfer shall be determined according to the following purposes:
1) Residential land for 70 years;
2) 50 years of industrial land;
3) 50 years of land for education, science and technology, culture, health, and sports;
4) Commercial, tourism and entertainment land for 40 years;
5) Fifty years for comprehensive or other land use.
What is the specific compensation standard for the latest national land acquisition?
1. The compensation standard for expropriated cultivated land is an average compensation of 10,000 yuan per mu for dry land, 90,000 yuan per mu for paddy fields, and 150,000 yuan per mu for vegetable fields;
2. The compensation standard for expropriation of basic farmland is 10,000 yuan per mu for dry land, 10,000 yuan per mu for paddy field, and 10,000 yuan per mu for vegetable field;
3. The average compensation per mu for the expropriation of forest land and other agricultural land is 10,000 yuan;
4. The average compensation per mu for the expropriation of collective construction land such as industrial and mining construction land, villagers' houses, and roads is 10,000 yuan.
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Legal Analysis: The cemetery is valid for 20 years. The cemetery is only a lease relationship, not a property right relationship, only the right to use, not ownership.
The tenure of a cemetery is related to the nature of the land and the life of use, which is generally 50 or 70 years. 20 years is the "management period", that is, every 20 years you pay the management fee, and you can continue to use the tomb. The current standard of management fee is 10% of the purchase of the tomb**.
The first purchase of a tomb generally includes a management fee for the first twenty years. The 20-year management period starts from the date of issuance of the burial certificate issued by the Civil Affairs Bureau, not the date of purchase.
Legal basis: Article 6 of the Interim Measures for the Administration of Cemeteries of the People's Republic of China The Ministry of Civil Affairs is the competent department of cemeteries nationwide, and is responsible for formulating policies, regulations and overall plans for the construction of cemeteries, and providing macro guidance. Civil affairs departments at or above the county level are the departments in charge of cemeteries within their respective administrative regions.
Responsible for the implementation of national cemetery policies and regulations, and provide specific guidance for the construction and development of cemeteries within the administrative area. Article 13 The ownership of land in cemeteries and cemeteries shall be owned by the state or the collective in accordance with law, and the bereaved owners shall not transfer or buy or sell them on their own.
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