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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

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Modalities for the implementation of State-owned land collection and compensation regulations in the southern province of lakes

(Adopted by the 21st ordinary meeting of the People's Government of the province on 22 January 2014, No. 268 of the Order of the Government of the Southern Province of the Great Lakes Region, dated 22 February 2014, which was launched effective 1 April 2014.

Article 1 establishes this approach in the light of the State Department's National Land Tax and Compensation Regulations.

Article 2 applies to the application of this approach in the administrative area of this province, for public interest needs, for the imposition and compensation of State-owned land.

Article 3. Municipalities (Autonomous State), and the People's Government of the District are responsible for the collection and compensation of homes in this administrative area.

In the city of the establishment (Autonomous State), the house-covered sector established by the Government of the People's Republic of the District organizes the collection and compensation of homes in this administrative area. The housing levy sector can commission specific work on house collection and compensation by the house's unit.

In the city (Autonomous State), the municipality of the commune, the relevant sectors and units, such as urban and rural construction, property, urban and rural planning, conversion, finance, land resources, are charged and compensated for their respective duties.

People's Government, street offices, community dwellers' councils cooperate with the home-covering sector to collect and compensate for their homes.

The Government of the people at the fourth level should strengthen the supervision of the Government's house collection and compensation.

The Ministry of the People's Government's Housing Rural and Rural Construction Authority is responsible for guiding the collection and compensation of all provincial homes. The relevant departments such as the Government of the Provincial People's Government, which have redirected the collection and compensation of homes in accordance with their respective responsibilities.

The Government's house collection in the area (Autonomous State) should be guided by the collection and compensation of the house of the Government of the People's Republic of the District, and be supervised by the provision of compensation programmes, the use of compensation funds and the cost accounting.

Article 5 The house-covering sector should conduct a survey of the rights, place, use, construction area.

The home-covering sector may take part in the collection of the basic situation of the house collected, including through the household survey, and the license of the licensee shall cooperate with and provide material such as a certificate of residence, a national land-use certificate, a household certificate or an organization of agency codes, a business licence.

The housing-covering sector needs to investigate the information on the house, and the sectors such as rural and urban construction, real estate, rural and urban planning and land resources should be assisted.

Prior to the decision taken by the municipality of the establishment (Autonomous State), the People's Government of the District of the District to establish a social stabilization risk assessment for the following matters:

(i) Whether the issue of house collection is justified by legitimacy and feasibility;

(ii) The possibility of administrative disputes and distributing the house;

(iii) The availability of compensation funds and property transfer sources;

(iv) The fairness and reasonableness of the proposed compensation programme.

The early warning assessment of social stability should provide views on implementation, suspension or non-implementation. In projects that can be carried out, the city (Autonomous State), the people's government in the district should develop protection, adaptation and disposal of social stabilization risk factors.

Article 7. The housing levying programme has been developed by the housing sector, where the city (Autonomous State) or the people's government in the district.

The compensation programme should include matters such as the scope of house collection, the manner of compensation, the compensation grant criteria, the property transfer source, the implementation steps, the duration of the contract and the incentive.

The municipalities in the area (Autonomous State), the communes' governments should organize and make public statements about the payment of compensation programmes, seek the views of the licensee and make timely publication of the observations and changes requested, and make decisions on house collection in accordance with the State's relevant matters.

Article 8

Article 9. The real estate price assessment body is chosen by the licensee in consultation; the consultations are not conceived, determined through the majority of decisions, random selections, and implemented in accordance with the following provisions:

(i) The collection of assessment information to the community by the house;

(ii) In the alternative pool of the real estate price assessment body with corresponding qualifications;

(iii) The housing levy sector publishes, within the scope of the collection, the list of real estate price assessment agencies that have been reported and meet the qualifications, for consultation by the licensee. The time period for the consultation of the licensee to select the real estate price assessment body should not be less than five working days;

(iv) The real estate price assessment body for which the licensee chooses shall not be less than three; less than three households, the housing levy sector shall be invited from an alternative bank of the real estate price assessment body;

(v) An agreement reached by the licensee on the consultation of the selected real estate price assessment bodies within the time specified will inform the house of the results in writing;

(vi) Uncertained consultations, with no less than two thirds of the house-based organizations voting in accordance with the principle of a small number of disobediators, or through random selections such as ecology, drawing lots;

(vii) The housing levying sector publishes the list of the licensed or identified real estate price assessment agencies.

In consultation with the licensee, the process should be open. The property price assessment body shall be certified by a public certificate body by law by a person who has been charged by the house by a decision of voting or by an random selection.

Article 10 Real estate price assessment institutions and real estate valuationrs should carry out their assessments independently, objectively and impartially, without false or significant error assessment reports.

Article 11. The real estate price assessment body shall assess the value of the house collected in accordance with the State's provisions and shall be guided by the principles of the first general assessment, the post-family assessment, and consider factors that have been taken into account in the area covered by the house, use, construction structure, oldness, construction area and the impact on land area, land use rights.

Article 12. The cost of relocation of machine equipment and other supplies is determined by the house-covered sector in consultation with the licensee on the basis of the relevant industry standards; the consultations are unintended and should be assessed.

The cost of equipment and other goods was lost for relocation and its loss compensation assessment was conducted in accordance with the preceding paragraph.

The value of the indoor dressing in the house collected is reimbursed by the house-covered sector in consultation with the licensee; the consultations are incomplete and should be assessed.

In the event that the person was not able to determine the value of the indoor dressing, the relevant bodies should be implemented in accordance with the following provisions when the People's Court decided to enforce the law in accordance with the compensation.

(i) The house-covered sector conducts a survey of the indoor dressing;

(ii) Accreditation body to conduct evidence preservation;

(iii) The assessment of the real estate price assessment body determines the value of the refurbishment in the room.

Article 14. The duration of the suspension was determined in accordance with the monthly number of the actual suspension.

In the opinion of the licensor that the loss of the lifetime industry exceeds the criteria set forth in the preceding paragraph, it should be provided to the housing-covering sector for the actual operating benefits of the previous year, as well as the related evidence, to be assessed by the real estate price assessment body and compensated for the results of the assessment.

Removal losses are not reimbursed for the loss of the life-saving industry by the licensee to change the house's house as an operating house; and the loss of the property was calculated on the basis of the original use.

The market value of the property transfer should be assessed in addition to special provisions in the city of the establishment (Autonomous State), in the city of the district, in addition to the Government's prices for property transfer.

Article 16 Removal fees for machine equipment and other goods and compensation for losses, indoor dressing value, loss of the suspension and the market value of the property transfer facility are assessed, and the same real estate price assessment body, which is entrusted by the house-covered sector to assess the value of the house.

Article 17 Removal fees and loss compensation for housing values, machine equipment and other supplies and the market value assessment of the house, the suspension of property and the property transfer facility may apply for review from 10 days of receipt of the assessment report. The Committee of Experts on real estate price assessment in the area where the results of the review had been collected could be validated from 10 days from the date of receipt of the review.

Article 18

The Committee of Experts on real estate price assessment consists of real estate valuation teachers and experts in the areas of price, land, real estate, rural and urban planning and law.

Article 19 is in line with the housing security conditions, and the municipalities in the establishment area (Autonomous State), the people of the district should give priority to housing security:

(i) To apply for a public rental housing rental subsidy, which was granted by the collector for the month of the award of the compensation agreement;

(ii) To apply for the purchase of affordable housing or for the provision of public rental housing, and to safeguard the period before the non-relevant application for the same period.

In order to provide secure housing to the licensee, it is determined in the order in which the actual relocation after the conclusion of the reparation agreement is made.

Article 20 provides for the transfer of property and the introduction of a transitional settlement approach, during the transitional settlement period, the levy of the swing house should pay for temporary accommodation in accordance with the standards established by the city (Autonomous State), the city's people.

The housing levy sector should agree on a transitional period with the licensee to build and relocate houses in accordance with property rights.

Article 21, the housing levy sector has not been delivered a property transfer for the duration of the transition period, which should be paid on a monthly basis to the licensee in accordance with the following provisions:

(i) A person who has been expropriated to resolve his or her swing house, within 12 months for a transition period of up to 50 per cent of the standard, for a period of more than 12 months, to be paid at 2.0 per cent of the standard;

(ii) Provide swing houses to the licensee and, in addition to the continued provision of swing houses, the transition period was extended for a period of 12 months to a standard of 50 per cent; the transition period was extended for more than 12 months, with a standard of 100 per cent.

Article 2 establishes a compensation agreement with the licensee in accordance with the State's provisions within the time period specified in the compensation scheme. No compensation agreement was reached within the time of the signing, or the houseowners were not clear, and the municipalities in the area (Autonomous State), the communes should make reparation decisions.

Reimbursement decisions should be fair, specifying the manner of compensation, the amount of compensation, the place and area used for the transfer of property, relocation costs, temporary accommodation or swinghouses, the loss of the suspension and the period of relocation, as well as a notice within the scope of the house.

The following Article XIII houses collect and compensate information, which should be made available in the city (Autonomous State), in the district's Government or in the house.

(i) The collection of regulations and policies relating to compensation;

(ii) The decision on house collection;

(iii) Removal programmes;

(iv) Grants, incentives policies and standards;

(v) Surveys within the scope of house collection;

(vi) A preliminary assessment of house-based households collected;

(vii) Removal of sub-households.

The first paragraph provides for the collection and compensation of information, subparagraphs (i) should be made public to society; articles (ii) to (vii) should be published within the scope of the collection.

Article 24 The Modalities for the Implementation of the Regulations on the Removal of Urban Housing (No. 157 of the Order of the People's Government of Southern Lakes Province) were also repealed, effective 1 September 2002.