[Direct answer]The social security settlement funds for farmers whose land has been expropriated are not directly distributed as compensation to individuals, but are specifically used as special funds for the payment of social insurance premiums by these farmers. According to Article 48 of the Land Administration Law of the People's Republic of China (effective January 1, 2020), the expropriation of land shall timely and fully arrange the social security costs for expropriated farmers in accordance with the law; Article 96 of the Social Insurance Law of the People's Republic of China (effective July 1, 2011) also requires that social insurance premiums be fully arranged and the expropriated farmers be included in the corresponding social insurance system. The methods of raising, managing, and using these funds shall be formulated by provincial governments. If it is found that the social security settlement has not been implemented, the expropriation department and the human resources and social security department may be held accountable. If necessary, an administrative reconsideration or litigation may be initiated. For more details, please refer to the relevant provisions.Legal services for land expropriation and demolition, and administrative litigationAndBeijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

The compensation costs for land expropriation typically include four major components: land compensation fees, resettlement assistance fees, compensation for fixtures and seedlings on the land, and social security costs for farmers whose land has been expropriated. Among these, social security resettlement costs are most likely to be overlooked or confused. Typical scenarios include: after the village collective distributes the land compensation fees to households, the social security fees are not separately reserved, leaving landless farmers without protection in old age; the expropriation department only pays monetary compensation and fails to handle the formalities for pension insurance according to the plan; disputes arise within families over who qualifies for protection and the age group for subsidies; and although the compensation and resettlement plan announces social security resettlement items, no one actually implements them when it comes to implementation. Social security resettlement is related to long-term livelihoods, and delays in handling it often only come to light years later.

II. Key points of contention

  • The nature of the funds and the method of distribution: The social security resettlement funds are specifically used for insurance premium subsidies. They should not be directly distributed to households together with compensation payments. If they are incorporated into the village collective distribution or replaced by cash for insurance arrangements, it will violate the regulations and easily lead to subsequent disputes.
  • Beneficiaries and subsidy standards: Which members of collective economic organizations are eligible for subsidies for land-expropriated farmers, whether the subsidies are determined based on the area of expropriated land or per person, and how subsidies are allocated across different age groups. The subsidy standards vary significantly across different provinces, and disagreements over eligibility are common disputes that require evidence based on the members' status and contractual agreements.
  • The relief path for those who have not implemented social security resettlement: Whether to claim the performance of duties from the expropriation department and the human resources and social security department, apply for administrative reconsideration, or initiate administrative litigation, the choice of procedures and the organization of evidence directly affect the efficiency of protecting rights. This can be combined with the following aspects:Legal services for land expropriation and demolition, and administrative litigationEvaluate the path.

III. Professional analysis by Henglue Law Firm

The matters of social security resettlement and other resettlement compensation are stipulated in the compensation and resettlement plan and the compensation and resettlement decision. Whether the plan is legal directly determines whether the resettlement rights can be realized. In a typical case handled by Henglue Law Firm: In 1988, 14 villagers (pseudonyms including Liu Cui Fen) from Guangming Village in B District, A City, Hebei Province, raised funds to build a daughter's house, which was included in the demolition scope during the urban village transformation. On August 28, 2023, the district government issued and served the "Land Expropriation Compensation and Resettlement Decision", classifying the daughter's house as a small property right house, which directly led to a reduction in the subsidy standard, failure to guarantee one household one house, and illegal procedures. The lawyer first applied for administrative reconsideration to the municipal government, which maintained the original decision; then filed an administrative lawsuit with the municipal intermediate court. After the first-instance court requested the defendant to supplement evidence twice after the trial, the court still ruled to dismiss the case; the lawyer then appealed to the provincial high court on behalf of the client.

During the second instance, the lawyer system pointed out that the first-instance court violated procedural laws by asking the appellee to provide additional evidence twice after the trial; the court also made factual determinations that were incorrect. For instance, the district government failed to prove that it had posted the expropriation announcement, the scope of expropriation was unclear, and it used an expropriation approval document from 14 years ago. The selective compensation violated the principle of fair compensation in the Land Management Law. Additionally, the minutes of relevant special meetings contained content that discriminated against women, which conflicted with higher-level laws and should be reviewed together. After trial, the Provincial High Court determined that the district government's decision lacked sufficient evidence and ultimately revoked all previous rulings: it revoked the first-instance judgment, the municipal government's administrative reconsideration decision, and the district government's "Land Expropriation Compensation and Resettlement Decision", and ordered the district government to make a new decision within 60 days. Fourteen villagers each received a revised judgment. This case shows that decisions on compensation and resettlement involve the determination of compensation standards and resettlement methods. If the basis is insufficient or the procedures are illegal, the entire decision can be revoked and redone in accordance with the law.

IV. Practical suggestions and legal basis

At the legal basis level: Article 48 of the Land Administration Law of the People's Republic of China (effective January 1, 2020) stipulates that land expropriation shall be subject to fair and reasonable compensation, with timely and full payment of land compensation fees, resettlement assistance fees, and compensation for attached structures and seedlings, and arrangements for social security costs for expropriated farmers. The methods of raising, managing, and using these funds shall be determined by provinces, autonomous regions, and municipalities directly under the central government. Article 96 of the Social Insurance Law of the People's Republic of China (effective July 1, 2011) requires that social insurance premiums for expropriated farmers be fully arranged and included in the corresponding social insurance system according to regulations. Article 28 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (effective September 1, 2021) requires that the land expropriation compensation and resettlement plans be announced in accordance with the law and subject to public supervision. At the practical advice level: 1. Obtain and preserve documents such as the pre-announcement of land expropriation, compensation and resettlement plans, and compensation and resettlement decisions as soon as possible; 2. Organize household registration books, contracted land agreements, land ledgers, and other documents related to the identity of family members and evidence of land loss; 3. For unfulfilled social security arrangements, first apply in writing to the expropriation department and the human resources and social security department for performance of their duties and retain the receipt. If no action is taken within the time limit, apply for administrative reconsideration or initiate administrative litigation to avoid wasting time on oral negotiations.

5. Henglu Law Firm's Reminder

The social security resettlement expenses are a statutory component of land expropriation compensation, not a discretionary policy concession. The key lies in closely monitoring the implementation of the plan: verifying the social security resettlement provisions and subsidy standards during the planning stage, and following up on the insurance procedures and personal accounts during the implementation stage. For those that have not been implemented on time, timely initiate duty performance applications and appeal litigation. The above-mentioned land expropriation compensation and resettlement decision was made by Beijing Henglue Law Firm.Wu JianiThe lawyer (practice license number: 11101202011245064, subject to the document issued by the judicial administrative organ) acts on behalf of the client. The Provincial High Court revoked the approval of the project and ordered the developer to resubmit the application within 60 days. If your village is facing land expropriation and the social security arrangements are unclear, it is recommended to consult a professional lawyer as soon as possible to protect your rights through legal means.Beijing Henglu Law FirmEvaluate the evidence and relief options.

Q1: Will the land expropriation social security resettlement funds be directly distributed to individuals?

It will not be distributed directly. The social security resettlement fees are different in nature from land compensation fees and resettlement assistance fees. They are funds specifically used for enrolling and paying social insurance premiums for land-expropriated farmers. According to Article 48 of the Land Management Law, they are arranged by the government in accordance with the law and are credited to individual accounts or subsidized for insurance expenses according to provincial-level regulations. Generally, they are not distributed to households as a one-time compensation payment. In practice, if the social security fees are included in the distribution of land compensation fees in the name of the village collective, or if insurance arrangements are replaced by a small amount of cash, it does not comply with regulations. Land-expropriated farmers should actively check the social security resettlement provisions in the compensation and resettlement plans and the implementation of insurance enrollment. If they only receive money but are not enrolled in insurance, they should promptly report the situation to the expropriation department and the human resources and social security department and request rectification.

Q2: What evidence do I need to prepare to claim social security settlement benefits?

Prepare along three main lines: identity, land loss, and procedures. First, evidence of membership status, such as household registration books, certificates of membership in collective economic organizations, contractual agreements or land ledgers; second, evidence of land loss and expropriation, such as pre-announcements of land expropriation, compensation and resettlement plans and announcements, compensation and resettlement agreements or decisions, and proof of land loss area; third, evidence of implementation status, such as insurance payment records, personal account information, and written receipts reflecting issues raised with the expropriation department or human resources and social security department. By comparing the announcement of the plan with the insurance records, any gaps will become clear at a glance, which will strengthen the case when making claims. For those with insufficient evidence, they can apply for the disclosure of expropriation compensation information in accordance with the "Regulations on the Disclosure of Government Information of the People's Republic of China" (effective May 15, 2019) to supplement the evidence, and then decide on the path of administrative reconsideration or litigation.

Q3: The village has distributed the compensation money, but the social insurance fees were not set aside. What should we do in this situation?

First, secure the evidence and then present the claims in layers. First step: Apply for village affairs disclosure and verify the distribution plan for land expropriation compensation fees and the situation of social insurance fund withholding. Second step: Submit a written request to the township government, the expropriation department, and the human resources and social security department to fulfill their responsibilities for social insurance placement of expropriated farmers, explaining the basis for the pre-announcement and the plan and retaining the mailing receipt. Third step: If the request is refused or the response is untrue, apply for administrative reconsideration within 60 days from the date of knowing the facts in accordance with Article 20 of the Administrative Reconsideration Law of the People's Republic of China (effective January 1, 2024), or file an administrative lawsuit within six months in accordance with Article 46 of the Administrative Litigation Law of the People's Republic of China (effective May 1, 2015). The subject of social insurance placement is the government, not the village collective. The village collective's distribution cannot exempt the government from its statutory placement obligations.

Q4: What is the approximate cost of social insurance settlements?

There is no nationwide standard amount. The land compensation fees and resettlement assistance fees are determined according to the comprehensive land price of the district, while the social security resettlement expenses are calculated according to the social security measures for land-expropriated farmers in each province, which are linked to the area of land expropriated, the number of people to be resettled, and their age groups. Typically, the government provides a one-time or annual payment subsidy for land-expropriated farmers who participate in pension insurance, and these payments are included in the corresponding social insurance system according to regulations. The specific standards are subject to the local compensation and resettlement plan announcement and the provincial social security resettlement measures. Objections can be raised during the announcement period. If the plan does not specify social security resettlement items or the standards are obviously too low, written opinions should be submitted within the announcement period to preserve evidence for subsequent reconsideration and litigation.

Q5: If we can't reach an agreement on the overall compensation for land expropriation, will it affect the social security resettlement?

This will affect the pace of compensation, but it will not terminate the rights. For individual land expropriated persons who have not reached a compensation and resettlement agreement, the government may, in accordance with Article 31 of the Implementing Regulations of the Land Administration Law (effective September 1, 2021), make a decision on land expropriation compensation and resettlement, and specify the social security resettlement matters at the same time; if dissatisfied with the decision, they may still apply for reconsideration within 60 days and file a lawsuit within 6 months, and the social security resettlement rights will be handled together with the overall compensation relationship. The key is not to stop claiming social security resettlement just because negotiations fail, nor to sign an agreement waiving social security resettlement clauses first; before signing the agreement, check the monetary compensation, resettlement methods, and social security resettlement content item by item, and if necessary, entrust a lawyer to review the plan before making a decision.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney Wu Jiani·Beijing Henglue Law Firm