中国的土地征收:政策与实践 China’s land Chi ’ l d expropriation: i ti Policy and Practice y

王柏源 (Wang Baiyuan) Baiyuan) 中国土地勘测规划院 (China Land Surveying and Planning) Planning) 2012. 4
The views in this presentation are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the government they represent. ADB does not guarantee the accuracy of the data included in this presentation and accepts no responsibility for any consequence of their use. Terminology used may not necessarily be consistent with ADB official terms.

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Preface According to Chinese laws and regulations, land expropriation refers to the activity of conversion from rural collective land into state-owned land, urban house demolition does not belong to the scope of land acquisition. acquisition

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Content
 China's legal system of land expropriation  Major policy documents on land expropriation  The problems of the existing land expropriation system  The innovative practices of some local governments  M j changes of the "Land M Major h f h "L d Management L ” Law”

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1. China's legal system of land expropriation
“Constitution”, “Property Law”, and “The Land Management L ” constitute th l l system of Chi ' M t Law” tit t the legal t f China's land expropriation.

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According to the law, in order to meet the demands of g , public interests, Countries can legally expropriate (or requisition as a temporary use) the farmers collectively owned land with compensation. •The legal conditions:in order to meet the demands of public interests. •Statutory authority and procedures:land acquisition by the State Council and the Provincial (autonomous regions and municipalities) government for approval.
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The following land have to be expropriated by the State Council for approval: •Primary Farmland. •Arable l d exceeding 35 h t A bl land di hectares rather th th primary th than the i farmland. •Other land e ceeding 70 hectares Other exceeding hectares. In addition to the above provisions, the Provincial (autonomous regions and municipalities) governments have the right to approve the other land acquisition directly, and p report to the State Council for the record.
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Table 1:The national land acquisition from 2005 to 2010
Approved Land Acquisition (103 ha) 296.9 341.7 310.9 304 451 459.2 Approved Agricultural Land Acquisition (103 ha) 233.4 253.8 223.1 223.2 223 2 351.2 345.2 Approved Cultivated Land Acquisition (103 ha) 161.3 169.7 148.3 149.1 149 1 216.7 228.7
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Year

2005 2006 2007 2008 2009 2010

Fig. 1:The national land acquisition from 2005 to 2010
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It is required by law to give compensation for expropriation, and define the scope of the statutory compensation for land expropriation: compensate in accordance with the original purpose of the land acquisition.  Land compensation fees(6-10 times of the average annual output value in the past three years).  Resettlement fees(4-6 times of the average annual output value in the past three years).  Ground appendixes and young crops compensation fees.

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•Land compensation fees and resettlement fees for acquisition are no more than 30 times of average annual output value of y the three years. •If landless farmers, compensated by 30 times of the average annual output value, are still under the original level of living, the local government should give them subsidies paid from a certain percentage of earnings of the state-owned land sell.
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Resettlement policies The main approach: Monetary Settlement, Shareholder Settlement, Social Security Settlement, Employment Settlement, Off i R S l Off-site Resettlement, et al. l l • Monetary settlement:Determine part of the fees of land l d compensation ( i (resettlement f ) to solve the l dl l fee) l h landless farmers’ production and living. The standard is 4-6 times of the th average annual output value i th past th l t t l in the t three years. General, who is responsible for resettlement, resettlement fees allocated to who who.
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• Shareholder Settlement:For projects with stable income, income farmers can buy the share with their legally approved construction land use rights. • Social Security Settlement:In the urban planning area area, local government should arrange landless farmers due to land acquisition into the urban social security system.

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• Employment Settlement:Outside the urban planning area, local governments should left landless farmers arable land, or arrange appropriate jobs for them in their respective administrative areas. • Off-site Resettlement:The landless farmers without basic production and living conditions, should be resettlement in different places. diff t l

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• House settlement:Mainly applied in urban planning for rural house demolition compensation. • Leaving Lands:Aside a portion of construction land by way of administrative allocation, for the development of the village enterprises, rural tourism and other industries.

Land Acquisition Survey

Acquisition Programming

Land Acquisition Notice Approval Process

Whether or not to request a hearing

Land acquisition program
N

Y
Land Acquisition Hearing

Survey Confirmed

Acquisition Program Approval Appro al

N

Issued a notice to cancel the acquisition

Y
Program Announcement

Registration of Compensation Implement after Approval

Compensation Program Notice

Supervision and inspection

To P C T Pay Compensation i

Delivery of the Land

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Coordination and adjudication of controversy on land acquisition compensation standards. “The Implementing Regulations of Land Management Law”. Provision 25:If standard of compensation is disputed, it should be coordinated by the local governments above the county level. If fail, then should be coordinated b th government approved th expropriation di t d by the t d the i ti of land. Land requisition compensation and resettlement disputes, disputes should not affect the implementation of the land acquisition program program.
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The allocation and management of fees of land acquisition. “The Implementing Regulations of Land Management Law” Provision 25:Land compensation fees belong to rural collective organizations. organizations Ground appendixes and young crops fee are owned by the owners of them. Resettlement fees must be used for specialized purposes, and shall not be used for other purposes.
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2.Major policy documents
2004: The Decision of the State Council on Deepening Reforms for Tightening Land Management
 Li i standards are not reduced, and Living t d d t d d d the long-term livelihood are protected.  Government subsidize the landless farmers using the income of statestate owned land use  Provincial government to formulate and publish a unified standard of annual output value and the district integrated land price for land requisition.  the same land, the same price.
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Table 2: The district price for land requisition in some Provinces of China
Province Zhejiang Method of compensation The district price The district price + p unified annual output value The district price + unified annual output value The district price unified annual output value p The district price Max 220000 yuan/mu 138934 yuan/mu Min 30000 yuan/mu Average 39500 yuan/mu The Ratio of Raise 39.4%

Jiangxi

27356 yuan/mu

None

30%

Fujian Guangdong Hainan Jiangsu

80000 yuan/mu 89100 yuan/mu 91364 yuan/mu 113000 yuan/mu

27500 yuan/mu 20133 yuan/mu 30580 yuan/mu 30000 yuan/mu

None None None None

10% 28.78% 209% 30%

Shanghai

The district price

The land compensation fees is 20000-33000 yuan / mu, resettlement fees are directly used to pay a small town social insurance for the landless farmers.

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•2010: Notice on Further Improving the Land Acquisition and Management
     Implementation of the stored system of land compensation fees Land compensation directly give to individual farmers Encourage a separate account for landless farmers’ social security fees Implementation of policies on land acquisition and house demolition compensation and resettlement Consultation with the landless farmers’ views

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3.The problems of the existing land expropriation system
•The scope of land requisition is too great, does not reflect the needs of the "public interest". public interest . The urban construction land increased 18632.86 km2 from 1999 to 2008 During the same period the area of 2008. period, expropriated land is 13925.49 km2. Expropriated land accounted for 74.74% of the area of new construction land.
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•T h e c o m p e n s a t i o n o f l a n d acquisition is low, it is difficult to reflect the value of the land land. •Did not do a good job for Land resettlement, resettlement it is difficult to solve the long-term livelihood of the landless farmers farmers.

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• L d acquisition procedures Land i iti d are not standardized, and the peasants peasants' right to know to know, participate, and to appeal, have been infringed infringed.

4.The innovative practices of some local governments
•Purchase commercial insurance for landless farmers (Suzhou) •Handle the social coordinate insurance for landless farmers(Jiaxing Zhejiang province, et al) •Compensate at market price(Guangzhou.Shijiazhuang) Compensate •Farmers become the mainbody of land acquisition (Hainan).

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5.Major changes of the "Land Management Law” g
•Regulate the government behavior, and used with caution in land acquisition rights. q g Define the scope of land requisition and public interest, dovetailing with the “Ordinance of House , g O Acquisition and Compensation on State-owned Land”.

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•Confirm the farmers' land property rights, land acquisition and compensation should be in accordance with the rules of market economy. i f The same land, the same rights and the same price. Allow farmers to share differential incomes of land in the process of urbanization. •Focus on long-term livelihoods and provide basic subsistence for landless farmers .

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•Give farmers l e g i t i m a t e r i g h t s a n d establish reasonable land acquisition procedures (notice, hearings). Improve and perfect the system of coordination and ruling for land compensation and resettlement dispute, and protect the right to information and participation of the landless farmers. •Compensated for farmers’ homestead and housing separately.

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