What are the management measures and implementation rules of land acquisition and demolition work of the Ministry of Land and Resources?

Measures for the Administration of Land Requisition and Demolition and its Detailed Rules for Implementation Chapter I General Provisions Article 1 These Measures are formulated in order to standardize the administration of land requisition and demolition in railway engineering construction and complete the land requisition and demolition work in an orderly and rapid manner according to law. Article 2 These Measures shall apply to the management of land requisition and demolition of railway construction projects. Chapter II Responsibilities for Land Requisition and Demolition Article 3 Responsibilities of the project management organization: Responsible for the organization, coordination and management of land requisition and demolition of the project in strict accordance with the minutes of the provincial offices and the implementation agreement. (a) to apply to the provincial (city) land and planning departments for the construction of key projects; (two) to the provincial (city) administrative department to report the land acquisition and demolition promotion plan, and confirm the subsidy fee for land acquisition and demolition; (three) to declare the application for the use of construction land and forest land to the competent departments of land and forestry of counties (cities, districts) along the line, and urge the competent departments of land and forestry to report to the examination and approval step by step; (four) to discuss the compensation of special demolition projects; (five) to coordinate and deal with the special problems encountered in the implementation of land acquisition and demolition; (six) responsible for handling land certificates. Land requisition and demolition shall be managed by the Engineering Management Department. Article 4 Entrusted by the construction unit, the construction unit shall set up full-time technical personnel to negotiate with the relevant county (city, district) land administrative departments for construction projects to handle the specific matters of land acquisition and demolition in the construction bid section. (a) review the drawings and materials of construction land, and submit the maps and related materials of railway construction to the administrative departments of counties (cities, districts) to which the land for construction projects belongs, and submit the land use plan. (2) Cooperate with the survey and demarcation unit to survey and set out the land boundary, excavate the boundary ditch, define the demarcation mileage of the administrative area to which the pipeline section belongs, and confirm the owner. The same township and village involves different construction units, which should be coordinated and completed at the same time. (three) with the county (city, district) * * administrative departments to conduct on-site review, confirm the scope of land use, ownership and the number of land acquisition; Statistically survey the types of buildings (structures) within the scope of land use, and confirm the quantity; Fill in the Inventory of Railway Construction Land, Young Crops and Demolition Buildings Compensation (Diplomatic Relations -6) according to different owners, and all parties shall confirm and sign it on site. (4) Provide the boundary pillar table (Diplomatic -7) of railway construction land correctly calculated according to the construction drawing (including design changes), and mark it with the administrative department according to the administrative village area and sign it. (five) confirm the number of land acquisition and demolition. (six) collect and sort out the relevant information of land acquisition and demolition, prepare the completion documents of mu and handle the handover. (seven) a detailed investigation of the ditches, canals, roads, pipes and ponds involved in the land for construction projects, and check the design and treatment plan; Investigate the production and living facilities at the top of the tunnel to form the original data. (eight) to assist the project management agencies to do a good job in land acquisition and demolition. Article 5 Responsibility of the design unit: actively cooperate with the land requisition and demolition work according to the contract. (a) as soon as possible to provide the construction map and according to the county (city, district) administrative region summary classification, itemized land use, demolition quantity table and instructions. (2) Cooperate with the project management organization to handle the pre-examination and approval of construction land, and provide the land review form, overwhelming important deposit assessment report, geological disaster risk assessment report, forest land use feasibility report and various construction approval documents required by relevant state departments that meet the requirements. (three) the site design coordination headquarters or working group must arrange special personnel to cooperate with land acquisition and demolition related matters. (four) to participate in the demolition of buildings (structures) on-site inventory measurement, and sign for confirmation. (five) put forward the demolition plan of the special demolition project and participate in the negotiations, cooperate with the signing of the agreement, and handle the design changes. (six) according to the design change procedure, responsible for land acquisition and demolition design changes, and submit the design change diagram and bill of quantities. At the end of the quarter, submit the Statistical Table of Land Requisition and Demolition Change Design to the project management organization (Table 8 of the Construction Association). Article 6 Duties of the supervision unit: supervise the land requisition and demolition work, and check the completed land requisition and demolition quantity. (1) Designate full-time (part-time) personnel to supervise and inspect the progress of land acquisition and demolition of the construction unit according to the design documents and materials. (two) according to the entrustment of the project management organization, to review the types and quantity of buildings (structures) to be demolished. Chapter III Principles for Handling Land Requisition and Demolition Article 7 The project management institution shall be responsible for organizing the implementation of land requisition and demolition according to the minutes of the ministries and agencies and the compensation methods agreed in the agreement. Article 8 The land for construction of railway projects includes the permanent land for railway trunk lines, stations and their supporting facilities (including the "four power stations") and the land for taking and abandoning soil. The scope and quantity of land use shall be based on the construction drawings (including design changes), and after surveying and demarcation, the people's governments of relevant counties (cities, districts) shall be urged to uniformly requisition and allocate land according to the construction organization arrangement. Ninth all buildings (structures) that need to be demolished within the scope of land for construction projects shall be promptly urged by the local competent department to organize the demolition on schedule after detailed investigation by both parties. For special demolition projects, a qualified intermediary agency may be entrusted for evaluation, and the project management agency shall report to the leading group for construction coordination in the province (city) where it is located, and negotiate with relevant parties in the form of on-site office in accordance with the preferential policies of the local government. Tenth station and "four electricity" project land, and where the bid site in front of the project land unified management, a complete. Sporadic land increased due to design changes must be submitted after the approved design changes, and supplementary procedures can be handled. Eleventh land acquisition and demolition work should accurately investigate the number, strictly control, as far as possible to reduce the corner houses, corner land. Chapter IV Procedures for Requisition of Construction Land Article 12 The work of land requisition and demolition for construction land is divided into four stages: land pre-trial, formal land use approval, specific implementation of land requisition and demolition, and completion acceptance: (1) Procedures for land pre-trial stage: 1. According to the project approval, carry out geological hazard risk assessment and cover important deposit reports. 2. According to the relevant approval documents of the construction project, the project management institution shall apply to the municipal planning department for "Site Selection Opinion" and "Construction Land Permit". 3. The project management institution shall cooperate with the municipal (county) land department to handle the planning red line of the overall land use planning map and the preliminary examination opinions of the project land. 4. The project management institution shall fill in the Application Form for Project Land to the Provincial (city) Department of Land and Resources and apply for submitting the Preliminary Opinion on Project Land to the Ministry of Land and Resources. 5. Assist local land departments to adjust the overall land use planning. 6. Assist local land departments to supplement basic farmland. 7. Commitment to the local land department for the balance of cultivated land occupation and compensation. 8. Organize expert argumentation. (2) In the formal land use examination and approval stage, according to the land pre-examination reply of the Ministry of Land and Resources, entrust a local intermediary agency with corresponding qualifications to survey and delimit the project land and issue a report on the results. If there is a certain amount of forest land, the relevant procedures for the use of forest land must be handled. Submit the results report to the municipal (county) Bureau of Land and Resources, and timely track the examination and approval of the provincial (city) Department of Land and Resources and the Ministry of Land and Resources. Seven tasks to be completed by the local government: land application by the provincial people's government, review opinions of the provincial land and resources management department, application form and submission instructions for construction land, adjustment plan of land use planning and supplementary plan and map of basic farmland, payment certificate and supplementary documents of cultivated land reclamation fee and acceptance map of cultivated land, relevant explanation of land acquisition procedures performed by municipal and county land and resources bureaus, explanation and commitment of land legality and feasibility of resettlement methods in land acquisition compensation. Seven tasks to be completed by roadside: the implementation of pre-examination and approval opinions of construction projects, approval or approval documents of feasibility study reports, preliminary design approval documents or other design approval documents, relevant information on whether mineral resources are covered, relevant information on whether they are located in geological disaster-prone areas, technical reports and survey delimitation maps of construction land, general layout plans of lines and location maps of land use. (3) The specific implementation stage of land requisition and demolition is 1. The project management institution shall, according to the meeting minutes of the provincial and ministerial departments and the approval of the land for construction projects, agree with the provincial (city) people's government on the compensation standards and methods for land acquisition and demolition. 2. According to the information provided by the design unit, such as requisition map, land requisition quantity table, demolition survey list, etc. , the provincial (city) people's government and the county (city, district) land department signed a contract for land acquisition and demolition, commissioned an intermediary agency to evaluate the building (structure) and sign a demolition contract. 3 to urge the city (county) land department and the township government to sign the implementation agreement of land acquisition and demolition. 4. The design unit shall deliver the piles on site, and the construction unit shall recheck them, put boundary markers and dig ditches. 5. The design and construction unit and the relevant personnel of the township government shall conduct on-site measurement, and go through the formalities of land requisition compensation and land delivery. 6. With the assistance of the design and construction unit, supervise the implementation of house demolition and handle the countersignature formalities. (4) Completion acceptance stage: 1. Check and draw the actual map, sort out the demolition data of the project land, go through the formalities of signing and recognizing the land requisition boundary and scope with the township government, and bury boundary markers. 2. Apply to the municipal (county) land department for the state-owned land use certificate for railway land. 3. After the completion of the project, sort out the land acquisition information and hand it over to the railway equipment management unit. Chapter V On-site Operation of Land Requisition and Demolition Article 13 The construction unit shall change the project land and abandoned land according to the construction map and the railway section and station land, and fill in the railway land boundary pillar form (submit -7) and sign it with the administrative village as the unit; Cooperate with or organize all parties to timely complete the inventory and measurement of demolished buildings (structures) within the scope of construction land for construction projects. The housing area is confirmed by the registered area of the real estate license, and other legal buildings (structures) are measured on the spot; After confirmation, according to different owners, fill in the Compensation Inventory of Railway Construction Land, Young Crops and Demolition Buildings (hand in -6) and sign it. Signed by the county (city, district) administrative departments, village committees, land acquisition and demolition, and design units. Article 14 The construction unit and the county (city, district) competent department shall, according to the tables (establishment of diplomatic relations -6) and (establishment of diplomatic relations -7) confirmed by all parties, sort out and summarize the land use and the number of demolition, and fill in the summary table of unified land requisition (establishment of association table -2) and the summary table of unified demolition of buildings (establishment of association table -6544). Sixteenth after the approval of the construction project construction land, the construction unit shall urge the county (city, district) administrative departments to timely handle the notice of railway construction land allocation and make an announcement according to law; Demolition of buildings (structures) within the land boundary and land allocation; The allocated land is managed and cared for by the construction unit, and any other unit or individual is prohibited from carrying out all kinds of construction within the scope of the expropriated land. Article 17 After on-site inspection and improvement according to the provisions of the construction drawing, the construction unit must inspect and improve the site before borrowing soil, and fill in the Summary of on-site inspection and improvement of borrowing soil (Table -3 of the construction consortium). Try to take waste soil to avoid occupying fertile land and good soil. It is forbidden to abandon slag (soil) in areas with geological disasters and main flood channels. In principle, buildings, pipeline facilities, roads and other projects within the scope of taking and discarding soil will not be demolished. After use, users should level and restore according to the design requirements, and go through the handover procedures after being accepted by the local administrative departments of environmental protection, soil and water conservation, land acquisition and demolition. Eighteenth relocation project land should be included in the project itself for transfer, and the relevant transfer procedures should be included in the project completion documents. Article 19 The completion documents of mu of land shall be compiled by the construction unit in accordance with the Implementation Measures for Acceptance and Handover of Land Completed by Railway Construction Projects issued by the Land Administration Bureau of the Ministry of Railways (Tu Ban [2002] 1No.), and the Form of Establishment of Diplomatic Relations -27 and Form of Establishment of Diplomatic Relations -28 shall be filled in. The documents shall be compiled by counties (cities, districts) and handed over to the project management organization. Twentieth land registration and certification work in accordance with the relevant provisions, by the project management agencies to the county (city, district) land management departments to declare, the relevant design and construction units actively cooperate with the relevant procedures. Chapter VI Specific Treatment of Temporary Land Use Article 21 The construction unit shall adhere to the principles of scientific and rational utilization of land resources and protection of ecological environment, and insist on not occupying or occupying less cultivated land. The construction unit shall make overall planning, sign a Temporary Lease Agreement with the county (city, district) competent department with clear use period, reasonable cost and feasible environmental protection measures, and strictly abide by it. Twenty-second in accordance with the provisions of the signing of the "temporary lease agreement", the county (city, district) land department for approval before use. Pay the fee in time according to the agreement, and go through the closing and handover procedures as soon as possible after use. Chapter VII Land Acquisition and Demolition Plan and Appropriation Article 23 The construction unit shall submit the land acquisition and demolition progress plan to the construction administrative department of the county (city, district) where the bid section is located according to the construction organization design of the whole line, and send a copy to the project management agency for coordination and supervision, or the project management agency shall submit the land acquisition and demolition progress plan. Article 24 The project management organization shall report to the county (city) land and resources department (Tieban) for verification according to the construction organization design of the whole line and the demand plan of land acquisition and demolition progress reported by each construction unit. Article 25 The appraisal and confirmation methods of land requisition and demolition can be divided into three ways according to the different modes of capital contribution: (1) The railway shall contribute and the local authorities shall handle it. According to the number of completed land acquisition and demolition and compensation (or subsidy) standards determined by the implementation agreement, the cost is confirmed or priced. The compensation (or subsidy) fee allocated by the project management institution will be suspended when 97% of the fee is allocated, and the balance will be settled in one lump sum after the land acquisition and demolition work is completed, the closing form is issued, and the state-owned land use certificate is handled. (2) The local investment shall be included in the proportion of shares after the railway is confirmed. The local land acquisition and demolition handling department shall fill in the Statistics of Unified Land Acquisition and Demolition Completion (Table 7 of the Construction Consortium), and the project management organization and the design, construction and supervision units shall sign for confirmation. After the completion of the land acquisition and demolition work, the cost of land acquisition and demolition shall be calculated according to the compensation standard agreed by the Ministry and the province, and reported to the Ministry for confirmation. (three) the difference between the investment in the railway part and the local part shall be included in the share ratio. Railway investment shall be handled according to Item (1) of this paragraph; The difference made up by the local government shall be handled according to Item (2) of this paragraph. Twenty-sixth land acquisition and demolition by the local government unified collection and demolition, land acquisition and demolition fees according to the provincial summary or agreement; For the land acquisition and demolition project funded by the railway party, the handling fee for land acquisition and demolition shall be handled in accordance with the relevant provisions of the Measures for the Compilation of Budget Estimates for Railway Construction Engineering Design or the provisions of the Railway Construction Engineering Construction Contract, which shall be approved according to the actual land acquisition quantity of each bid section and allocated to the relevant units after pricing. Twenty-seventh project management institutions should establish a database for the use of land acquisition and demolition costs, implement dynamic management, and include land acquisition and demolition costs in the budget investment control scope. Chapter VIII Supplementary Provisions Article 28 In the process of land acquisition and demolition, the organizer must conscientiously implement the relevant national laws and regulations, strictly implement the minutes of provincial meetings and implementation agreements, and the preferential policies and regulations of the provincial (municipal) people's government on construction projects, do a good job in the basic work of land acquisition and demolition, establish accounts in a timely, accurate, standardized and true manner, and fill in various statements. Project management institutions should establish a database of land acquisition and demolition costs, analyze and simulate operation regularly, find problems as early as possible, formulate treatment plans and strictly control investment. Twenty-ninth in the implementation of land acquisition and demolition fraud, the figures are not true, the relevant responsible units should bear legal and economic responsibilities, and depending on the circumstances to give corresponding legal, administrative or economic penalties. Chapter * * * Chapter VIII "Management Measures and Implementation Rules for Land Requisition and Demolition Work of the Ministry of Land and Resources" stipulates the conditions, procedures and requirements of land requisition and demolition work item by item, and gives a detailed explanation for different situations.