Viewpoint... "Land Expropriation Social Stability Risk Assessment" business development and operational guidelines.

Published:

2023-03-03

1. Law and Policy Provisions on Risk Assessment of Social Stability in Land Expropriation In May 2010, the General Office of the State Council issued the "Emergency Notice on Further Strict Management of Land Acquisition and Demolition and Effectively Safeguarding the Legal Rights and Interests of the People" (hereinafter referred to as the "Notice"), requiring that experts should be organized to demonstrate before the land acquisition and relocation project is established, and all sectors of society should be widely solicited. The opinions of the requisitioned people are to conduct a risk assessment of land acquisition and social stability. Since then, the land acquisition risk assessment system has been formally incorporated into the land acquisition system. Article 12 of the regulations on Housing expropriation and compensation on State-owned Land issued in January 2011 stipulates: "before the people's governments at the municipal and county levels make decisions on housing expropriation, they shall conduct a risk assessment of social stability in accordance with the relevant provisions." The promulgation of the regulations further regulates the development of social stability risk assessment of housing expropriation on state-owned land. The newly revised Land Administration Law, promulgated in January 2020, stipulates in its 47th chapter: "Where the State expropriates land, the local people's government at or above the county level shall, after approval in accordance with legal procedures, make an announcement and organize its implementation. Where the local people's government at or above the county level intends to apply for land expropriation, it shall carry out a survey of the current situation of the land to be expropriated and a risk assessment of social stability." Thus, the "social stability risk assessment" work as a necessary procedure in the process of land expropriation is determined in the form of legislation. The Market Prospect of 2. "Land Expropriation Social Stability Risk Assessment" and the Prospect of Government Standard Guidelines The future "land expropriation social stability risk assessment work, issued" land expropriation social stability risk assessment report "will be a large service market. And for the land expropriation market, which often reserves tens of billions of dollars, the remuneration for work in this area will also be expensive, and the market prospect is self-evident, so I won't repeat it. After the promulgation of the new land management law, local government departments have attached great importance to it. Many cities and prefectures have issued normative documents such as "Measures for Social Stability Assessment of Land Expropriation" in accordance with the provisions of the new land management law. On March 27, 2020, the people's Government of Zibo City issued the "Measures for Social Stability Risk Assessment of Land Expropriation in Zibo City" Zi Zheng Ban Zi [2020] No. 36, the Jinan Municipal Government issued the "Jinan City Major Issues Social Stability Risk Assessment and Resolution System" in accordance with the central government's "proposed work idea of" moving forward "to resolve conflicts and disputes", combined with its own actual situation, and proposed that "it is easy to cause conflicts. Introduce a risk assessment mechanism before major projects and decisions". In 2012, the "Opinions on Further Improving and Improving the Social Stability Risk Assessment and Resolution Mechanism for Major Issues" was issued again, using social stability assessment work to predict the hidden dangers of instability that may affect social stability caused by major projects and decision-making, so as to accurately Analyze the social stability situation and the root causes of risks after the implementation of the project, and through early intervention and early work, strive to resolve conflicts and disputes in the bud and initial state. Preventing and resolving social contradictions has become the top priority of the work of party committees and governments at all levels, and conducting social stability risk assessment on major issues has become an important measure for risk management in various localities in recent years. Feasibility Analysis of 3. Law Firms Involved in "Land Expropriation Social Stability Risk Assessment" Under the current legal provisions and policies, there are no mandatory or clear requirements on qualifications. Generally speaking, engineering consulting units, law firms with social stability risk assessment business, social stability risk assessment companies/centers established in individual places, and some environmental assessment agencies are all engaged in this work. As the most important legality review and rationality review in the assessment content, the law firms of other institutions have more authority and advantages in the aspects of investigation and evidence collection and risk resolution in risk assessment work. The natural legal attributes of law firms and lawyers determine that their participation in the social stability risk assessment of land acquisition is better than other intermediaries. In addition, land acquisition according to law is also a part of administration according to law. As a local government, lawyers engaged in government legal services and land acquisition laws are more likely to participate in the social stability risk assessment of land acquisition projects, put forward relevant opinions or suggestions, and participate in the preparation of risk assessment plans and the identification of risk levels. Therefore, the participation of law firms and lawyers in the social stability risk assessment of land acquisition is also the need of the government's administration according to law. The work of "land expropriation social stability risk assessment" has a fixed template and process, which is not complicated. Lawyers are involved in the work field of "land expropriation social stability risk assessment", which has broad prospects and will make great achievements! 4. Law Firm's Market Development for "Land Expropriation Social Stability Risk Assessment" In practice, the stability maintenance office of the local government is generally the government department in charge of "social stability risk assessment". Some places have begun to establish a database of social stability risk assessment institutions to register and manage social stability risk assessment institutions. The "Zibo City Land Acquisition Social Stability Risk Assessment Measures" stipulates that under the leadership of the district and county government, the town (street) where the land acquisition project is located is the main body of the assessment, and is responsible for the social stability risk assessment of land acquisition. And issue a social stability risk assessment report; natural resources, letters and visits, public security and other departments and units, as well as the town (street) and village (residential) where the land acquisition project is located, implement the social stability risk assessment of land acquisition within the jurisdiction; the natural resources department of each district and county shall be responsible for supervising the implementation of the social stability risk assessment of land acquisition. The unit applying for land use shall submit the social stability risk assessment report to the natural resources department and report to the political and legal committee of the district and county in a timely manner. The ''Jinan City Major Events Social Stability Risk Assessment and Resolution System'' stipulates that the joint offices at all levels, the Stability Maintenance Office, and the Letters and Calls Bureau, as the filing agencies, perform the filing management responsibilities, and resolve the social stability risk assessment and resolution of major events at the same level and the next level Supervise and guide the filing work. Operational Guidelines for 5. Lawyers to Conduct "Social Stability Risk Assessment of Land Expropriation" The social stability risk assessment of land expropriation refers to the systematic investigation, scientific prediction, analysis and evaluation of the factors that may affect social stability before the land expropriation project is formulated, implemented or approved, and the risk response strategies and plans are formulated, so as to effectively avoid, prevent and control the social stability risks that may arise during the implementation of the land expropriation project, and ensure the smooth implementation of the land expropriation project. Basic Principles of Social Stability Risk Assessment for (I) Land Expropriation The social stability risk assessment of land requisition shall adhere to the principles of "people-oriented, administration according to law, territorial management, hierarchical responsibility and scientific decision-making. Main Contents of Social Stability Risk Assessment of (II) Land Expropriation 1) Legality. Whether the decision-making and implementation of land acquisition projects comply with the the People's Republic of China Land Management Law and its supporting administrative regulations, local regulations and rules, whether they comply with the normative documents and other policy documents formulated by the state and the province, whether they comply with legal procedures, and whether the declaration requirements are complete, true and effective. 2. Reasonableness. Whether the decision-making and implementation of land acquisition projects are in line with Xi Jinping's new era of socialism with Chinese characteristics, whether they are in line with the short-term and long-term plans for economic and social development in the region, land and space planning (overall land use planning, urban and rural planning) and special plans, whether they will lead to comparisons between different regions, industries and groups, and whether they reflect the wishes of the majority of the people and whether they follow the principles of openness, fairness and justice, whether or not to take into account the immediate and long-term interests of the masses. 3. Feasibility. Whether the decision-making and implementation of land acquisition projects have undergone strict feasibility studies, whether the matters required by the masses for hearings have been heard, whether the measures have been perfected, whether the decision-making plan has fully considered the acceptance of the masses, whether it exceeds the affordability of the majority of the masses, and whether It is accepted and supported by the majority of the masses. 4-Security. Whether the preparations for the land acquisition project are sufficient, whether the compensation and resettlement fees for land acquisition have been raised and implemented, whether the publicity of the compensation and resettlement policies for land acquisition is in place, and whether the resettlement channels for land-expropriated farmers can be implemented. 5. Controllability. Whether the decision-making and implementation of the land acquisition project has caused mass incidents and seriously affected social stability, whether the implementation of the land acquisition project will cause serious dissatisfaction among the land-expropriated farmers, surrounding residents and relevant rights holders, whether the potential contradictions affecting stability are within the controllable range, whether measures to prevent and resolve social contradictions and corresponding emergency response plans have been formulated, and whether the publicity, explanation and public opinion guidance are sufficient. Risk Assessment Procedure for Social Stability of (III) Land Expropriation 1, accept the stability of the commission. Communicate with the project unit, collect project data and various approval procedures; In-depth analysis of the preliminary survey and summary of the project submitted by the project unit, preliminary sorting out the known stability-related problems of the project, and formulating the Work Plan; 2. Review the documents and approvals required for the project and check the legality risks of the project. 3. Carry out on-site inspection to find out the situation around the project, understand the land involved along the project, the specific location of the land, and the ground attachments of the expropriated land, etc., and obtain first-hand information on stability. 4, posting publicity, visits and other forms of work. Post announcements and publicity in the project area and surrounding crowded areas. The main contents of publicity: project collection scope, evaluation unit, publicity time, contact information, etc. The publicity period shall not be less than 30 days, and relevant stakeholders shall be informed of the implementation of the project as much as possible; To conduct risk factor investigation on the project to be implemented, and to solicit the demands and opinions of the investigated by means of on-site questionnaire survey, visiting survey and forum; The Social Impact Questionnaire is issued to investigate the support of the main items, the main concerns, etc. Visit and investigate the village committees and governments of grass-roots organizations to collect opinions and suggestions. Understand whether to support the implementation of the project and whether to actively cooperate with the superior department to deal with the problems arising from the project in a safe manner. For land acquisition projects that are highly controversial among the masses and require hearings, hearings shall be organized in accordance with the Provisions on Land and Resources Hearings (Order No. 22 of the Ministry of Land and Resources) to provide accurate and reliable first-hand risk prediction data for the social stability risk assessment of land acquisition. 5, analysis and judgment. The results and problems collected from the above work are sorted out, analyzed and judged separately, and the main stability-related factors that may occur during the implementation of the project are excluded. Sort out and analyze the opinions collected from all parties, verify the approval procedures of the proposed project, compare the unstable events caused by similar projects, and comprehensively investigate the possible risk factors of the proposed project; 6. Formulate measures to resolve and prevent. In view of the main stability-related problems in the investigation, we will work with the responsible unit of the project to formulate practical and feasible measures to resolve and prevent the stability-related factors to a large extent and reduce the intensity of the stability-related factors to a large extent. For major, complex and difficult matters, the opinions and suggestions of the competent department at a higher level shall be solicited as appropriate. 7, predict the risk level. On the basis of the previous work, the stability-related risks of each stability-related risk factor after taking mitigation and preventive measures are evaluated and predicted, the risk level of project implementation is assessed, and the project "Social Stability Risk Analysis Report" is formed. The risk level is divided into three categories: high risk, medium risk and low risk. Land-expropriated farmers, surrounding residents and relevant rights holders who have objections to the project and have particularly strong reactions, which may lead to large-scale mass incidents or individual extreme events, are of high risk; those who have objections and have relatively strong reactions, which may lead to conflicts, are of medium risk; individual objections are of low risk. 8, submitted for review. Submit the Social Stability Risk Analysis Report to the relevant competent government departments for review, and further improve the report based on the review results. 9. Filing. Send the improved Social Stability Risk Assessment Report to the relevant government authorities for the record, and deliver the final assessment report to the project unit. 6. Land Acquisition Social Stability Risk Assessment Report (Template) Basic information of (I) land acquisition projects It mainly includes the name and overview of the land acquisition project; the implementation unit of the land acquisition project; the organization and implementation of the land acquisition social stability risk assessment, the main person in charge and contact information. Analysis of Social Stability Impact of (II) Land Expropriation Project 1) Legality. First, whether the decision-making and implementation of land acquisition projects comply with the "the People's Republic of China Land Management Law" and its supporting administrative regulations, local regulations and rules; whether they comply with the normative documents and other policy documents formulated by the state and the province. Second, whether the land acquisition project conforms to the legal procedures. Third, whether the requisition project declaration requirements are complete, true and effective. 2. Reasonableness. First, whether the decision-making and implementation of land acquisition projects are in line with the short-term and long-term plans for the economic and social development of the region, land and space planning (overall land use planning, urban and rural planning) and special plans. second, whether the land requisition project reflects the will of the majority of the masses. Third, whether the land acquisition project follows the principles of openness, fairness and impartiality. Fourth, whether the land acquisition project can take into account the real interests and long-term interests of the masses. 3. Feasibility. First, whether the decision-making and implementation of land acquisition projects have undergone strict feasibility studies. Second, whether the matters that need to be heard or the masses require a hearing have been heard, whether the measures are perfect, and whether they are accepted and supported by the majority of the masses. 4-Security. First, whether the preparations for the land acquisition project are adequate. Second, whether the compensation and resettlement fees for land acquisition have been raised and implemented. Third, whether the publicity of land acquisition compensation and resettlement policy is in place. Fourth, whether the resettlement channels for land-expropriated farmers can be implemented. 5. Controllability. First, the decision-making and implementation of land acquisition projects, whether there are problems that cause mass incidents and seriously affect social stability. Second, whether the implementation of land acquisition projects will cause serious dissatisfaction among land-expropriated farmers, surrounding residents and relevant rights holders. Third, whether the hidden dangers of contradictions that may affect stability are within the controllable range. Fourth, whether there are countermeasures to deal with possible unstable factors. Problems Found in (III) Risk Assessment and Resolution Emergency plan for sudden mass incidents in (IV) 1. Organization and leadership (including name, unit, position, contact information, etc.) 2. Division of responsibilities 3. Disposal work plan Conclusion of Social Stability Risk Assessment of (V) Land Expropriation (VI) Special Notes

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