Legal information

Introduction to the article: After land acquisition, how does the law stipulate how to resettle farmers?

Article 50 of the Land Management Law of the People's Republic of China stipulates that local people's governments at all levels shall support rural collective economic organizations and farmers whose land has been expropriated to engage in development operations and establish enterprises.

1. Local people's governments at all levels should support rural collective economic organizations and farmers whose land has been expropriated to engage in development and operation, set up enterprises, and solve the surplus labor force and agricultural population caused by land expropriation. Ying Ting believes that support can be provided in a variety of ways, and should be decided by local people's governments based on actual local conditions. It can be directly organized by the government, or it can provide financial assistance, or it can adopt tax incentives. In short, it is necessary to enable farmers to be resettled as soon as possible through engaging in development operations and setting up enterprises.

2. Regarding the methods of resettling farmers in land-expropriated units, currently they are mainly through development and operation and setting up township enterprises. For some special personnel, self-employment or social insurance can also be used. For the general agricultural population, the method should be to set up enterprises and engage in agricultural, forestry, animal husbandry, and fishery development. Through the development of production, farmers in land-expropriated units can reach or exceed the living standards before expropriation.

3. The original Land Management Law made detailed provisions on labor resettlement after land acquisition. However, with the gradual establishment of the socialist market economy, some measures have lost their effect or are difficult to adopt. The Yingting demolition team learned that if landless farmers can convert to non-agricultural household registration after land acquisition, with the opening of the market, changing household registration can no longer solve the farmers' living problems; another example is recruitment and resettlement. With the reform of the urban enterprise employment system, the government has no right to require enterprises to recruit workers, but the enterprises themselves decide. Therefore, this is also difficult to achieve. Another example is the adjustment of contracted cultivated land. This law stipulates that the contract period of cultivated land shall remain unchanged for 30 years. If the contracting operator does not agree to the adjustment, the adjustment cannot be realized. Therefore, it is necessary to study how to resettle the agricultural population after land acquisition under the new situation.

4. The new law will implement the policy of “occupying one to make up for one” for cultivated land occupied by construction. Therefore, in the future, when requisitioning cultivated land, it is necessary to reclaim the same quantity and quality of cultivated land as the acquired cultivated land. The newly reclaimed cultivated land can be used to resettle the agricultural population of the land-expropriated unit, so as to reduce the pressure on rural labor resettlement and promote the stability of rural society.

Each Yingting reminds you:

Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation. Each case has a story. If you encounter similar problems, you can send a private message for one-on-one consultation.

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Editor/Original Author: Yingting Demolition Lawyers Group