Legal information

Article introduction: Resettlement subsidy is a subsidy provided by the state to resettle the agricultural population who use land as their main means of production and obtain their source of livelihood. "One common sense about land acquisition and demolition every day" Who is entitled to receive resettlement subsidies?

1. Understand the resettlement subsidy fee

1. Resettlement subsidy refers to the subsidy provided by the state when requisitioning land in order to resettle the agricultural population who use land as their main means of production and obtain their source of livelihood.

2. Resettlement subsidy is a kind of living resettlement compensation given to farmers who enjoy land contract rights to ensure their livelihood after the land is expropriated. Therefore, this compensation belongs to the land contract rights holder.

3. The resettlement subsidy standards for the requisition of other land shall be stipulated by the provinces, autonomous regions and municipalities with reference to the resettlement subsidy standards for the requisition of cultivated land. The Yingting Demolition Group believes that the resettlement subsidy for the requisition of profitable non-cultivated land is generally calculated based on the annual output value of the land multiplied by a multiple of the resettlement subsidy slightly lower than that of adjacent cultivated land; for the requisition of the foundations of houses and other buildings and non-profitable non-cultivated land, no resettlement subsidy will be paid.

4. If the resettlement subsidy calculated and paid based on the above regulations is still unable to maintain the original living standards of the farmers who need to be resettled, the resettlement subsidy may be increased with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government, but the total of the land compensation fee and resettlement subsidy shall not exceed 30 times the average annual output value of the three years before the land was expropriated.

5. If the contractor of the expropriated land agrees to the unified resettlement plan determined by the collective organization, the resettlement subsidy will be uniformly arranged by the collective organization for the livelihood of the landless farmers. As long as the owner of the expropriated land rights clearly expresses his intention to give up the collective resettlement, the resettlement subsidy shall be directly paid to the owner of the expropriated land contract rights.

2. Target recipients of resettlement subsidies

1. The resettlement subsidy has a strong personal nature, and its compensation targets can only be rural collective economic organizations and members of rural collective economic organizations who have lost their land. And except for household contractors, units and individuals who contract in other ways are not the recipients of resettlement subsidies.

2. The reason is that for other forms of contracting, even if the contracted land is expropriated according to law, since the contractor may not be a member of the collective economic organization, even if they are a member of the collective economic organization, they can still receive corresponding compensation for the subsidies received after the land contracted by their families is expropriated. Ying Ting believes that the losses caused by land expropriation can be compensated by paying compensation for attachments and young crops on the ground. Therefore, there is no problem of losing basic means of production and living and social security due to land expropriation.

Yingting reminds you:

If you have objections to resettlement compensation, file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.