How to distribute the land compensation fee after the expropriation of rural mobile land

The spirit of the "Guiding Opinions on Improving the Land Acquisition Compensation and Resettlement System" No. 238 of 2004 requires that "the distribution of land compensation fees. According to the principle that land compensation fees are mainly used by land-expropriated rural households, land compensation fees should be reasonably distributed within rural collective economic organizations. The specific distribution method shall be formulated by the provincial people.

If the land is fully expropriated and the rural collective economic organization is revoked, the land compensation fee shall be used for the production and living resettlement of the land-expropriated farmers. According to this provision, farmers who have not been expropriated are not entitled to land compensation fees for land expropriation.

In addition, according to Article 24 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes, "a rural collective economic organization, villagers' committee, or villagers' group may, in accordance with the procedures prescribed by law, decide to distribute the land compensation fees already received within the collective economic organization. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization, and requests the payment of the corresponding share, shall be supported. However, local regulations, autonomous regulations, special regulations, and local regulations that have been reported to the Standing Committee of the National People's Congress and filed with the National People's Congress have other provisions on the distribution of land compensation fees within rural collective economic organizations.

If your province or municipality has other provisions on this, if this provision has been reported to the Standing Committee of the National People's Congress, it shall be implemented in accordance with this provision.

It shall be given to the contractor in accordance with Article 47 of the Land Law and the Land Contract Law.

According to Article 26 of 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 shall be owned by the owners of above-ground attachments and seedlings; Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization, which shall be managed and used by the rural collective organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

1. The land compensation fee, the resettlement subsidy that should be paid to the collective in accordance with the law, the compensation fee for the seedlings where the collective is located and the compensation fee for attachments shall be managed and used by the land-expropriated unit.

2. The compensation fee for seedlings and attachments shall belong to the owners of seedlings and attachments.

3. Attribution and use of resettlement subsidies:

1) If it is placed by a rural collective economic organization, it shall be paid to the rural collective economic organization and shall be managed and used by it.

2) If it is placed by other units, it shall be paid to the resettlement unit.

3) If there is no need for unified resettlement, it shall be issued to the individual resettler or used to pay the insurance premiums of the resettled person with the consent of the resettled person.

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China Zhaotuan Nian Land Management Law of the People's Republic of China》 Article 48 Fair and reasonable compensation shall be given for land expropriation 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 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.

The compensation fee for the expropriation of rural land shall be distributed according to the following methods: 1. The compensation fee for the above-ground attachments and seedlings shall be obtained by the actual owners of the above-ground attachments and seedlings; 2. The land compensation fee shall be formulated by the village collective and implemented after discussion and approval by the villagers' meeting. Article 24 of the Organic Law of the Villagers' Committees concerning the following matters concerning the interests of the villagers shall be handled only after discussion and decision by the villagers' meeting:

1) The village's personnel and subsidy standards for those who enjoy the compensation for lost work; (2) the use of the proceeds from the village collective economy; (C) the establishment of the village's public welfare undertakings and fund-raising and labor planning and construction contracting programs; (4) Land contracting and management plans; (E) the village collective economic project project, contracting program; (F) the use of the homestead; (7) The use and distribution plan of land requisition compensation; (8) Disposing of village collective property by means of loans, leases or other means; (9) Other matters involving the interests of the villagers that the villagers' meeting deems should be discussed and decided by the villagers' meeting. The villagers' meeting may authorize the villagers' representative meeting to discuss and decide on the matters provided for in the preceding paragraph. Where the law has other provisions on matters concerning the discussion and decision of the property and the rights and interests of members of village collective economic organizations, follow those provisions.

The expropriation of rural land requires a certain amount of compensation to be given to the rural collective economic organizations, and then the villagers' groups distribute the compensation to the villagers. Distribution principle: (1) If unified resettlement is implemented, the compensation standard for land expropriation shall belong to the collective economic organization.

If the unified resettlement is abandoned, the resettlement subsidy will be paid to the land-expropriated farmers, and the land compensation fee will be distributed to the land-expropriated farmers. Equal distribution shall apply to all members of the collective economic organization. (2) If the rural land shareholding cooperative system has been implemented, the land compensation fee that can be distributed shall be distributed to all shareholders of the land shareholding cooperative organization.

3) If rural land is still under unified management and there is no household contract management, the distribution should be to all members of the collective economic organization. (4) In the case of expropriation or requisition of orchards and other land contracted by a collective economic organization in other ways, the land compensation fee that can be distributed shall be allocated to the collective economic organization. (5) When expropriating or expropriating the mobile land of a collective economic organization, the land compensation fee that can be distributed shall be allocated to the new population of the collective economic organization that has the right to contract and operate the land.

1.Land compensation fees are paid to collective land management units that exercise land ownership. However, if the expropriated land is contracted by farmers or land reserved for self-use, and the collective land management unit fails to adjust other land of comparable quantity and quality to farmers to continue to contract and operate, it shall pay not less than 70% of the land compensation fee to the land-expropriated farmers; If the collective land management unit has the conditions to use the land compensation fee for the development of production or to help the peasants find a way out, they may arrange for the use of the land after obtaining the consent of the land-expropriated farmers.

2.The land compensation fee obtained by the collective land management unit in accordance with the provisions of the preceding paragraph shall be managed in a special account for the development of production, the arrangement of surplus labor and the living allowance of the land-expropriated farmers. The use of land compensation management measures should be voted by the members of the land-expropriated collective economic organization, the income and expenditure at least once every six months announced, subject to the supervision of the members of the collective economic organization.

It is forbidden for any unit or individual to withhold, embezzle, occupy or otherwise illegally use land compensation fees. 3.The payment of the resettlement subsidy is divided into:

If the persons to be resettled are to be resettled by a collective economic organization, and the resettlement subsidy is paid to the collective land management unit and does not need to be resettled, the resettlement subsidy shall be paid to the resettled person individually or used to pay the insurance premiums of the resettled person after obtaining the consent of the resettled person.

Legal Analysis: Land compensation fees are owned by rural collective economic organizations; The compensation fee for above-ground attachments and seedlings shall be owned by the owners of above-ground attachments and seedlings;

The resettlement subsidy for the expropriation of land must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person. The people of cities, counties and townships (towns) shall strengthen supervision over the use of resettlement subsidies.

Legal basis: Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China.

The land compensation fee is owned by the rural collective economic organization; The compensation fee for above-ground attachments and seedlings shall be owned by the owners of above-ground attachments and seedlings;

The resettlement subsidy for the expropriation of land must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person. The people of cities, counties and townships (towns) shall strengthen supervision over the use of resettlement subsidies.

Legal analysis: 1. The land compensation fee belongs to the rural collective economic organization;

2. The compensation fee for above-ground attachments and seedlings shall belong to the owners of above-ground attachments and seedlings.

3. The resettlement subsidy for the requisitioned land must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the resettled person or used to pay for the resettled person's insurance section after obtaining the consent of the resettled person.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 26 Land compensation fees shall be owned by rural collective economic organizations; The compensation fee for above-ground attachments and seedlings shall be owned by the owners of above-ground attachments and seedlings; Grip Disturbing Rock.

The resettlement subsidy for the expropriation of land must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.