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Harbin, The State-Owned Housing On Land Expropriation And Compensation Measures

Original Language Title: 哈尔滨市国有土地上房屋征收与补偿办法

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Means of house collection and compensation for the State's land

(Adopted by the 28th ordinary meeting of the Government of the Hilhama on 6 November 2013, No. 7 of 29 December 2013, by the People's Government Order No. 7 of 29 December 2013, to be published as from 10 February 2014.

Chapter I General

Article 1 establishes this approach in the light of the provisions of the relevant laws, regulations and regulations, such as the National Land-Based and Compensation Regulations, in order to regulate the collection and compensation activities of State-owned land.

Article 2

Article 3. The collection and compensation of homes should be guided by the principles of integrated planning, decision-making democracy, due process, fair compensation and public results.

Article IV. The Government of the city is responsible for the integrated, guidance and oversight of the whole city's house. The municipal housing security and housing management are the administrative authority for the collection and compensation of homes in the city (hereinafter referred to as the urban house collection sector), which is responsible for the integration, guidance and supervision of the daily work of the entire city's house.

The People's Government of the Region is responsible for the collection and compensation of homes within the jurisdiction. The work sector designated by the Government of the People of the Region (hereinafter referred to as the area of house collection) is responsible for the implementation of specific organizations that collect and compensate the housing within the Territory.

The executive branch, such as development and reform, urban and rural planning, land resources, rural and urban construction, urban administration administration, administration of justice, prices, civil affairs, human resources and social security, finance, business, tax, public safety, audit, inspection, communications, etc., is responsible for the collection and compensation of homes.

Article 5 The house-covering sector should be able to collect awareness of the laws, regulations, regulations and policies related to compensation.

Street offices, communes' governments, community dwellers' councils should cooperate in the collection and compensation of homes.

Public certificates, electricity, communication, radio television, water supply, drainage, fuel, heating, etc. units should support and cooperate in the collection and compensation of related homes.

Article 6. Any organization and person who violates the provisions of the relevant laws, regulations, regulations and regulations shall be entitled to report to the municipality, the people of the region and their homes and other relevant departments.

Upon receipt of reports from the city, the people of the region and their respective homes, the authorities and other relevant departments should be promptly verified and processed.

Introduction

Article 7, in order to secure the needs of the State, to promote the economic and social development of its nationals, is one of the following conditions, which can be used to collect:

(i) Defence and diplomatic needs;

(ii) The need for infrastructure-building, such as energy, transport and water, carried out by government organizations;

(iii) The needs of public utilities, such as science and technology, education, culture, health, sports, environment and resource protection, disaster risk reduction, material protection, social welfare, and municipal public use, carried out by governmental organizations;

(iv) The need for secure housing construction by government organizations;

(v) The need for changes in the old urban area by the Government in accordance with the relevant provisions of the Rural and Rural Planning Act for the concentration of endangered houses, infrastructure lagging;

(vi) Needs for other public interest under the law, administrative regulations.

The construction of houses should be carried out in line with municipal economic and social development planning, land-use master planning, rural and urban planning and specific planning. Safeguarding the construction of sexual security works and the alteration of the old urban areas should be integrated into the annual plan for the economic and social development of municipal nationals.

Article 8. Construction projects require the collection of homes, which are studied by the organization-building sector or by the organization of the People's Government, in accordance with article 7 of this approach, and the introduction of sectoral reports to municipal homes in the annual home collection plan.

The report on the application of a plan for house collection should include the following:

(i) The basic description of the project;

(ii) The basis for public interest and related planning, plans;

(iii) The need for funding for compensation to be tailored and implemented;

(iv) Modalities for housing implementation;

(v) Reimbursement of the intention of resettlement by the business unit;

(vi) Project implementation plan arrangements;

(vii) Other related materials requested by the municipality's house.

Article 9. Upon receipt of a report on the application of a plan for house collection, the municipality's home collection sector should be presented to the Government of the urban population for approval in accordance with the draft plan for the preparation of annual homes.

In preparing the draft annual house collection plan, the municipality's house-covery sector should seek the views of the people of the project's area.

The Government of the people of the region should organize the operation of the house, in accordance with the annual home collection plan.

In addition to the city, the people of the region, any unit and individual shall not carry out house-based activities.

Article 10 needs to be activated, and the people of the region should apply to the urban housing sector for a notice of house collection, after review, by the municipality's house-covering services and in the area of collection and related media.

Article 11. After the issuance of the house collection announcement, any unit and individual shall not carry out inappropriate increases in the cost of compensation, such as construction, expansion, alteration of homes and changes in the use of homes, within the scope of the house; and shall not be compensated for in violation of the provisions.

The municipality's house-covering services should notify the urban and rural planning, urban-rural construction, land resources, and the administration sector, in writing, of the matters listed in this paragraph, and the relevant administrations should cease the processing of such procedures. The duration of the proceedings, such as the clearance, shall not exceed one year.

After the issuance of the house collection announcement, the area's house collection should be registered with the organization of investigations into matters such as the rights of the house, the place, structure, use, construction area, and the status of family members, housing security, housing use. Non-residential homes should also be registered on matters such as corporate affiliation, production of operations, facilities equipment, recruitment, economic benefits, and interest in resettlement.

The licensee should cooperate with the registration of the investigation.

Surveys such as the right to housing, the use, construction area should be published within the scope of the collection.

Before taking a decision on house collection, the people of the region should organize administrative departments such as rural and urban planning, land resources, housing security and housing management to determine the unregistered buildings that are not covered by the house. Reimbursement should be given to the determination of legitimate buildings; non-reimbursable and lawful measures to be taken to demobilize and remove them.

Article 14.

The housing levy programme should include the following:

(i) The purpose, legal basis for the compensation of the house;

(ii) Scope of the house;

(iii) Modalities, standards and methods of calculation for housing;

(iv) The criteria for incentives and subsidies;

(v) Basic conditions for property transfer;

(vi) The duration of the contract for the payment of compensation to homes;

(vii) Modalities for relocation and transition periods;

(viii) Reimbursement of placement by the business unit;

(ix) Other related matters.

Article 15. The people of the region should organize home collection, development and reform, urban and rural planning, land resources, finance, trust visits, etc., and seek public advice within the scope of the collection. The period of consultation shall not be less than thirty days.

In the light of the need for the renovation of the old urban area, more than half of the charging of the house's compensation programme was considered to be incompatible with legal, regulatory and present schemes, and the people of the region should organize hearings with the representatives of the collector and the public.

The Government of the people of the region should make timely public information and the adoption of views.

Article 16 Prior to a decision on house collection, the people of the region should organize the implementation of property transfer, conduct social stabilization risk assessment, develop and implement social stabilization risk prevention, adaptation, disposal measures, in accordance with the compensation of the licensee.

The Government of the people of the region should fully implement the cost of compensation, in accordance with the payment of compensation, and be stored to the designated banks of the city's house.

The Government of the people of the region shall, after a decision to impose a house under the provisions, make a public declaration in a timely manner within the scope of the house and in the media. The announcement should contain matters such as the payment of compensation programmes and administrative review and the right to administrative proceedings.

The land use rights of the State are recovered in accordance with the law, and the land resources sector no longer decides otherwise to recover the State's right to land.

Chapter III

The Government of the people of the area in which decisions are taken on the house should pay compensation to the licensee. Reimbursement for monetary compensation and the relocation of housing property rights, which may be chosen by the collector.

Reimbursement for homes include compensation for house value and compensation for relocations due to the collection of homes. Removal compensation for home housing includes the removal of home fees and television, telephones, Internet access charges, installation costs for coal construction and the provision of material compensation.

Non-communication compensation includes compensation for house value and compensation for suspension, relocation and temporary accommodation resulting from the collection of homes. The non-housing relocation compensation includes television, telephone, Internet access to relocation costs, as well as relocation of equipment such as machines, materials, gas, power, production of water supplies, removal of loading fees and spare parts that cannot be recovered from the use of equipment.

Reimbursement for the value of the house to be collected should be considered in the area, use, construction structure, oldness, construction area and land area, land use rights.

In accordance with the overall planning of the city, the Government of the communes has planned to integrate the construction of houses, the house collection sector should be pooled, prefabricated housing sources, the establishment of a housing facility to facilitate the selection of property for the licensee.

Article 20

(i) A proactive relocation, which contributes to the collection of homes and rewards;

(ii) To grant assistance to persons found in the civil service for the minimum living security of the family and the urban minimum living guarantee family holding the disability certificate;

(iii) The Government of the city stipulates that there should be a good situation.

The incentives and subsidies standards are developed and published by the municipal housing-covering sector.

Article 21 indemnity criteria for the collection of housing values shall not be lower than the market price for similar housing properties on the date of the announcement of the decisions taken by the house.

In addition to the Government's special provision for the transfer of housing prices, the value of the house collected and used for the transfer of property is determined by the corresponding quality of the real estate price assessment body (hereinafter referred to as the assessment body).

The second article of the assessment body was chosen by the licensee or by the representative of the collector within the prescribed time frame; the consultations were not carried out by the charging sector through the organization of the licensee to vote in accordance with the principle of a small number of disobeys, or by means of ecology, drawing lots, and by the public accreditation sector to the process and results of the drawing.

The municipal housing levy should be published within the scope of the directory of the assessment body, the selection of candidates and briefs for the benefit of the licensee.

Article 23 should be assessed by the assessment body, in accordance with the time frame for the provision and approval of the contract agreement, to conduct a field survey assessment by the requisitioned house on a case-by-case basis, to conduct a field survey record, to capture video material reflecting the expropriation of the house and the internal situation, and to maintain it properly.

The local survey records of the house collected were endorsed by the collector, the valuator of the field survey and the staff of the sector charged with the house.

As a result of the expropriation, no survey, photographic information or the licensee does not agree with the signing of a book on the ground, as evidenced by the third person with no stake and described in the assessment report.

Article 24 provides a preliminary assessment of the sub-householdings to the sector in accordance with the agreement of the housing assessment board or the award of the contract. The preliminary assessment results of sub-sectors include the composition of the target and its basic circumstances and the value of the assessment. In the area of house collection, the preliminary assessment results of the sub-house should be presented to the licensee for seven days within the scope of the collection.

During the presentation, the assessment body should arrange for an on-site explanation by the valuationr of the preliminary assessment results of the sub-office.

Upon expiration and amendment of the preliminary household assessment results, the assessment body provided the whole assessment report and the sub-household assessment reports to the local housing-covered sectors. The sector should be transferred in a timely manner to the recipient's assessment reports.

Article 25. The overall assessment report and the sub-household assessment report shall be signed by two or more valuationrs responsible for the housing assessment project, together with the chapter of the evaluation body.

Article 26 rejects the results of the assessment and shall apply for a review assessment in writing to the assessment body for the assessment of the assessment.

The Committee of Experts on Real estate Price Assessment should be validated within 10 days of the date of receipt of the review.

The Committee of Experts on the assessment of the prices of the urban properties should complete the identification and identify the results at ten times.

The findings made by the Committee of Experts on the Assessment of Real estate Prices are final.

Article 27, the assessment body and the valuator shall operate in the valuation of the house in accordance with the national valuation of the property, without the following acts:

(i) Excise the valuation operation beyond the scope of the operation;

(ii) Inadequate competition, including through high-cost or underestimated requirements, recuperation and low-cost rates of malicious pressure;

(iii) Violations of the valuation norms and standards of property;

(iv) The valuation report with false documentation, misleading statements or major omissions;

(v) The unauthorized transfer of the trusted valuation operation without the written consent of the author;

(vi) Other acts prohibited by law, regulations and regulations.

Implementation and oversight management

Following the decision of the Government of the People of the District to impose homes, the sector should have a compensation agreement with the licensee.

The compensation agreement shall include the following:

(i) Modalities for compensation;

(ii) Currency compensation and payment period;

(iii) The location and area of property transfer;

(iv) Removal compensation, temporary accommodation compensation and loss of lifetime;

(v) Terms of relocation, transitional period and modalities;

(vi) Liability for default;

(vii) Other agreed matters.

Upon the conclusion of the reparation agreement, a party does not meet the agreed obligations of the Compensation Agreement, and the other party may bring proceedings in accordance with the law.

Article 29 states that no compensation agreement has been reached within the time frame established by the scheme for the collection of compensation, or that the owner of the house is unambiguous, and that the area of house collection is brought to the Government of the people of the region for compensation decisions.

The following materials should be submitted when the Government of the People of the Region decides to remedy:

(i) Applications for reports of compensation decisions;

(ii) The data on the registration of house surveys, the housing assessment report and related materials;

(iii) Reimbursement programmes for the collector;

(iv) The transfer of property rights-related documentation for the home;

(v) A record of consultations or a record of house surveys and related information notes;

(vi) The unambiguous picture of the houseowners;

(vii) Other material relating to compensation decisions.

Article 33 Compensation decisions taken by the people of the region should be delivered to the collector and to make a declaration within the scope of the house.

Using the announcements, the people of the region should make public announcements, including through the press column within the scope of the house, and the Government's website, as well as the reasons for and after the case file.

Article 31 does not apply for administrative review or administrative proceedings in accordance with the law.

The licensee did not apply for administrative review or for administrative proceedings within the statutory period and was not relocated within the period specified in the compensation decision, and the people of the region had been requested to enforce the law.

Article 32 reimburses the decision of the closure of the public notice and the absence of a clear house for the owner of the house, which is made public by the authorities of the region and dismantled.

Article 33 The people of the region should strengthen the security management of the house, failures in facilities such as water, drainage, electricity, fuel, heating, etc., and organize timely measures to eliminate failures; and organize timely relocations of units and licensees to be identified as hazardous homes, and organize timely relocation of the units concerned and the dispersed.

Article 34 quantification of house demolitions was introduced in the tendering system. The area house-covered sector is responsible for the organization of tenders for house demolitions and for the day-to-day supervision of house demolition activities.

After the house demolitions have been registered within the scope of the collection, the area's house collection should be made available to the housing registration body, the land resource sector for the processing of homes and land write-offs.

Article XVI: The municipality's house levy shall be subject to a monitoring examination of the following acts carried out by the authorities of the people of the region:

(i) Implementation of plans for house collection;

(ii) Implementation and implementation of the compensation programme for homes;

(iii) Reimbursement funds for homes are calculated and stored;

(iv) The development and implementation of decisions and compensation decisions taken by homes;

(v) Implementation of property rights transfer;

(vi) Social stabilization risk assessment;

(vii) Other acts requiring oversight.

Article 37 Governments of the region should strengthen the supervision of housing collection and compensation, such as compensation agreements, home relocation tests, house demolitions and security.

Sectoral homes should be strengthened to monitor the performance of evaluation agencies, house demolition units, etc.

Article 338 Urban and rural planning, urban administration administration enforcement should take measures such as the removal of buildings, constructions, etc., which are used by law, for the collection of buildings and constructions that are in violation of the law.

The auditing authority should enhance oversight of the management and use of compensation charges.

The inspectorate shall carry out monitoring of the national executive organs involved in the collection and compensation of homes and other personnel appointed by civil servants and national administrations.

Article 39 The municipal housing-covering sector should conduct integrated credit evaluation management with municipalities, sector-related departments for the assessment and house demolition units, and regularly evaluate and publish evaluation findings in accordance with the law.

An integrated credit evaluation is an excellent assessment body, house demolition units, and is included in the recommended selection.

Article 40 states that the municipal housing levy and compensatory regulatory management system should be established, regulating the elements such as institution-building, business management, work procedures, and carrying out professional training and continuing education for staff working in the home.

Chapter V Legal responsibility

Article 40 People's Government, staff in the municipal, district-based housing and related administrations have one of the following conditions in the collection and compensation work of the house, which is a criminal offence by the competent organ in accordance with the relevant provisions:

(i) Expropriation of homes without the approval of the Government of the city;

(ii) There is no justification for the completion of plans for house collection within the specified period;

(iii) In violation of the provision for the authorization of the proceedings within the time limit;

(iv) Examination of the results of registration and the adverse consequences;

(v) The fact that the results of the social stabilization risk assessment are false and have serious consequences;

(vi) Removal or reduction of compensation, incentives, subsidies, preferences and criteria;

(vii) No transfer of homes in accordance with the provisions;

(viii) Resolves in violation of the provisions;

(ix) The publication of related matters in accordance with the provisions;

(x) Contrary to the malicious collusion of the licensee to obtain compensation;

(xi) Disadvantaged investigation of activities in the area of counter-terrorism;

(xii) In violation of the provision for disclosure of confidential information resulting in consequences;

(xiii) Other cases where accountability should be provided.

Article 42 imposes unlawful practices, such as violence, threats or violations of provisions for the interruption of water supply, heating, electricity and road traffic, forced the movement of the licensee or forfeiting the Government to carry out related activities, resulting in a loss under the law, which constitutes a breach of the law and imposes penalties for the administration of the security sector; disposes of them in accordance with the law for the direct responsible and other direct responsibilities; and the transfer of the judiciary.

Article 43 Refrain, vetting or taking violence, threats, etc., impedes the collection and compensation of houses carried out under the law, which constitutes a violation of the security administration, which is punishable by law; constitutes an offence and the transfer of the judiciary.

Article 444 assessors or assessors' reports of false or significant misperceptions, the dismantlement units have major security accidents or responsibilities, and the municipal housing levy shall recommend that the licensee provide administrative penalties under the law, be credited to the credit file and removed from the published directory; constitute a crime and transferred to the judiciary.

Annex VI

Article 42 (Central) State-owned land collection and compensation may be implemented in the light of this approach.

Article 46 The State Department's National Land-Based and Compensation Regulations have been implemented in accordance with the law to obtain a housing demolition licence project and the project that has been taken to collect decisions and public notices, and continues to follow the original provisions.