Hunan Province Implementing The Regulation On State-Owned Housing On Land Expropriation And Compensation Measures

Original Language Title: 湖南省实施《国有土地上房屋征收与补偿条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399574.shtml

Hunan province implementing the regulation on State-owned housing on land expropriation and compensation measures

    (January 22, 2014 21st Executive meeting February 22, 2014, Hunan province people's Government provincial government order No. 268 release come into effect April 1, 2014) first according to the State-owned housing on land expropriation and compensation regulations, combined with the facts of the province, these measures are formulated.

    Second, within the administrative region of this province, in the public interest, the implementation of State-owned housing on land expropriation and compensation, these measures shall apply.

Third district city (prefecture) and County urban people's Government responsible for the administration of the housing levy and compensation work. Districts of the city (prefecture), is imposed by the city people's Government established housing sector organizations implement the Administration's housing expropriation and compensation work.

Housing sector may entrust the housing levy is imposed by implementation of unit housing expropriation and compensation work.

Districts of the city (prefecture) and County urban government housing and urban-rural construction, real estate, urban and rural planning, development, finance, and other relevant departments and units of land and resources, according to their respective duties well House expropriation and compensation work.

    Expropriated houses the seat of the Township people's Government, the subdistrict office and community residents to meet housing levy is imposed by the departments of housing and compensation work.

Article fourth higher people's Governments shall strengthen the lower level people's Governments housing levy oversight and compensation work. Provincial housing and urban-rural construction departments are responsible for guiding the province's housing expropriation and compensation work.

Change made by the provincial people's Government, financial, land and resources, industry and commerce, taxation and other departments concerned in accordance with their respective responsibilities, to help guide the expropriation and compensation for housing implementation.

    Districts of the city (prefecture) is imposed by the people's Government housing departments shall be levied on County and Municipal Housing Department the housing levy and compensation work guidance, House acquisition agency of the Government compensation scheme, compensation funds, impose cost accounting and other work be supervised.

Fifth is imposed by the housing sector housing should be imposed on the ownership, location, use, building area of survey register.

Housing levy is imposed by the Department can take household surveys collect basic statistics on housing, to be expropriated shall cooperate with and provide housing ownership certificates, State-owned land use right certificate, proof of residence or organization code certificate, business license and other materials.

    Housing Authority collection departments need to investigate is levied of housing-related information, housing and urban-rural construction, real estate, urban planning, land and resources departments shall provide assistance.

Sixth District of the city (prefecture) and County Government in housing in the urban area is imposed by the decision, shall organize the relevant departments to social stability following a risk assessment and evaluation:

(A) whether homes are legality and feasibility study;

(B) is imposed by the implementation of the housing is produced administrative disputes and resolve possible;

(C) compensation funds and property rights exchange listings whether financing is in place;

(D) the proposed expropriation and compensation programme is fair and reasonable. Social stability risk evaluation should be made enforceable, suspend or unenforceable advice.

    Levy on enforceable housing projects, district of the city (prefecture) and County and city governments should develop social stability risk factors to prevent, resolve and preparedness.

Article seventh homes sector to develop compensation programmes, district of the city (prefecture) or County and city governments.

Compensation scheme should include the housing tax, compensation, compensation benefits, property rights Exchange availability, implementation steps, such as signing and award matters.

    Districts of the city (prefecture), County and city governments shall organize relevant departments to demonstrate the expropriation and compensation programmes and made public, seek the advice to be expropriated, released for comments and modifications in a timely manner, in accordance with the national housing levy decided matters.

    Eighth District of the city (prefecture) is imposed by the people's Government House alternative library departments establish and perfect real estate appraisal institutions, according to real estate appraisal application, which legally registered, with more than three-level qualification and good credit records of practicing real estate appraisal institutions into alternative libraries, and to the public.

Nineth real estate appraisal institutions selected by the expropriated persons through consultation, determined by majority decision, randomly selected, in accordance with the following provisions:

(A) the levy is imposed by the Department to the public housing assessment information;

(B) the real estate appraisal qualified organization alternative libraries real estate prices assessment agencies registration; (C) released have already registered within the levy is imposed by the Department of housing and real estate prices assessment agencies meet the qualifications list for expropriated persons designated.

Expropriated persons designated real estate prices assessment agencies of the term shall be not less than 5 working days;

(D) to be expropriated choice real estate appraisal organizations shall not be less than 3; less than 3, is imposed by the housing sector should be invited from alternative real estate appraisal institutions;

(E) to be expropriated within the specified time on selected real estate appraisal agencies agree, the outcome of the consultations shall inform is imposed by the housing sector;

(F) consultation fails, collected by the housing sector organizations not less than two-thirds to be expropriated in accordance with the principle of majority voting, or determined through a lottery, lottery and other randomly selected;

(G) housing levy, announced to be expropriated the selected list or designated real estate prices assessment agencies. Be subject to consultations to choose real estate appraisal institutions, consultations should be made public.

    Housing levy is imposed by the sector organizations are people voted or determined randomly selected real estate appraisal institutions, should be legally notarized by the notary.

    Tenth and real estate appraisers real estate appraisal institutions should be independent, objective, and fair housing levy assessments shall not issue false or there is a significant error in the assessment report.

    11th real estate appraisal in accordance with the provisions of the national assessment is levied home values should follow after the first general assessment, the principle of individual assessment, taking into account the imposed on housing location, usage, structure, new or old, area, and covers an area of, land use and other factors that affect the value of expropriated homes.

Section 12th house relocation of machinery, equipment and other supplies, relocation fees collected by the Housing Department determined in consultation with being expropriated by reference to the relevant industry standards through consultation, should be assessed.

    Relocation of loss of value of machinery, equipment and other materials, and the assessment of compensation in accordance with the provisions of the preceding paragraph.

13th collection of interior decoration of the House values collected by the Housing Department and compensation for expropriated persons through consultation, should be assessed to determine compensation.

Due to be imposed on persons unable to define the value of interior decoration, relevant agencies of the people's Court on the compensation decided by law enforcement, shall, in accordance with the following provisions:

(A) is imposed by the Housing Department to survey and record the interior decoration;

(B) notaries handle the preservation of evidence;

    (C) real estate prices assessment agencies assessed value of interior decoration. Section 14th production, operating rooms, direct loss resulting to be expropriated suspend per month as compensation for expropriated 7 per thousand of assessed value.

Suspend period determined according to the number of months actually suspend calculation. 

Considered by levy to suspend production losses exceed the standards prescribed in the preceding paragraph shall be imposed on the housing sector housing be subject to prior year actual operating efficiency, as well as related documentation, evaluated by real estate prices assessment agencies and compensation in accordance with the assessment results.

    Levy unauthorized change in residential housing for business rooms, when not to suspend compensation; unauthorized change of non-domestic use, calculated according to the original purposes of suspend production losses.

    Article 15th district of the city (autonomous prefectures), counties city people's Government on the price of property rights Exchange has special provisions, should be assessed to determine the market value of the property rights Exchange.

    16th of machinery, equipment and other supplies, relocation and compensation costs, value of interior decoration, suspend losses and property rights exchange market values need to be assessed, levied by the Housing Department commissioned assessments assessing home values real estate prices assessment agencies. 17th to be expropriated or is imposed by the Housing Department the housing value, machinery, equipment and other supplies, relocation and compensation costs, value of interior decoration, suspend loss and disagrees with the assessment of the market value of the property rights Exchange, from the date of receipt of the assessment report issued by the 10th to assess real estate prices assessment agencies to apply for a review of the results.

    Against disagrees with the results of the review, from the date of receipt of the review results in the 10th House seat to be imposed on the real estate appraisal Expert Committee for identification.

18th provincial housing and urban-rural construction departments, districts and municipal (prefecture) real estate management agency of the Government should organize the Committee of experts on the establishment of real estate appraisal.

    Real estate appraisers real estate price evaluation by the Committee of experts, as well as price, land, real estate, urban and rural planning, legal and other experts.

19th to be expropriated in accordance with housing conditions, district of the city (prefecture) and County shall give priority to housing in the urban area:

(A) to apply for public rental housing rental subsidy, paid signed a compensation agreement to be expropriated in the month;

(B) for the purchase of affordable housing or applying for public rental housing, protection order before the application not be expropriated over the same period.

    Order to be expropriated to provide affordable housing, according to provide for compensation of the actual relocation after a protocol sequence determined.

Article 20th property rights Exchange and a placement mode, transition relocated themselves working with room to be expropriated, shall, in accordance with established District of the city (prefecture) and County standards set by the City Government to pay a temporary relocation costs.

    Housing is imposed by the Department shall be expropriated in accordance with property rights Exchange building, relocation date of the agreed transition period.
Article 21st is imposed by the Housing Department fails to deliver property rights Exchange, extension of the transitional period, since the months of late, shall pay monthly to be expropriated in accordance with following temporary relocation costs:

(A) to be expropriated on its own working space, within a 12-month extension of the transition period, in accordance with standard 150% payment; delayed for more than 12 months of the transition period, in accordance with standard 200% payments;

    (B) the provision of working capital to be expropriated houses, besides providing working capital used outside the room, within a 12-month extension of the transition period, in accordance with standard 50% payment; delayed for more than 12 months of the transition period, according to the standard 100% to pay. 22nd in the expropriation and compensation programmes within the contract term, the Housing Authority collection departments and is levied in accordance with the provisions of the State entered into a compensation agreement.

During the term of contract is no compensation agreements, or be subject to ownership are not clear, district of the city (prefecture) and County urban people's Governments shall make compensation decisions.

    Compensation decisions should be equitable, clearly defined compensation, compensation amounts, locations and areas, removal of property rights exchange houses fees, temporary relocation costs or working capital use, suspend production losses and relocation matters such as term, notice and within homes.

Article 23rd the following housing expropriation and compensation information, districts of the city (prefecture) and County and city governments or is imposed by the housing sector should be made public:

(A) housing expropriation and compensation-related regulations and policies;

(B) the Housing Authority is imposed by the decision;

(C) compensation programmes;

(D) subsidies, incentives and standards;

(E) the scope housing survey results;

(F) be subject to preliminary findings of the household for housing;

(VII) be subject to compensation system of housing.

    Expropriation and compensation for housing information prescribed in the preceding paragraph, subparagraph (a), should be announced to the public; (b) to (g) shall be published in the collection range. 24th article this way come into force April 1, 2014. As of September 1, 2002 by the Hunan province, measures for the implementation of the urban housing units Management Ordinance (157th of Hunan province), repealed simultaneously.