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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399547.shtml

Harbin, the State-owned housing on land expropriation and compensation measures

    (November 6, 2013 Harbin municipal people's Government at the 28th Executive meeting of December 29, 2013 7th release of Harbin municipal since February 10, 2014) Chapter I General provisions

    The first State-owned housing on land expropriation and compensation in order to regulate the activities, safeguarding public interests, protect the lawful rights and interests of expropriated people, according to the State-owned housing on land expropriation and compensation provisions of the Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article in the city where the public interest requires collection of houses on State-owned land and compensation (hereinafter referred to as expropriation and compensation for housing), these measures shall apply.

    Housing expropriation and compensation article should follow the overall planning and decision making democracy, due process and compensation principles of fairness and results made public. Fourth municipal people's Government is responsible for the city's housing expropriation and compensation planning, guidance and supervision.

Municipal housing, housing, security and property management Department is the expropriation and compensation of administrative departments (hereinafter referred to as is imposed by the municipal housing sector), is responsible for the city's housing expropriation and compensation and Manpower, to guide and supervise the work. District people's Government responsible for housing in the expropriation and compensation work.

District people's Government assigned work unit (hereinafter referred to as is imposed by the housing sector) responsible for housing in the specific implementation of expropriation and compensation.

    Development and reform, urban and rural planning, land and resources, urban and rural construction, urban administration, price, civil affairs, human resources and social security, finance, industry and commerce, taxation, public security, auditing, monitoring, complaint letters and calls of Administrative Department in accordance with the Division of responsibilities, expropriation and compensation for housing related work.

Fifth is imposed by the housing sector should be well House expropriation and compensation-related laws, rules, regulations, and policy advocacy.

Street, town government, community residents ' Committee shall coordinate the housing related to expropriation and compensation work.

    Civil, electrical, communications, radio and television, water supply, sewerage, gas, heating and other related housing units shall levy and compensation for their support and cooperation.

Sixth article of any organizations and individuals for violations of housing expropriation and compensation provisions of relevant laws, rules and regulations, shall be entitled to levy municipal and district people's Government and the Housing Department and other relevant departments.

    Is imposed by the municipal and district people's Government and the Housing Department and other departments concerned upon receipt of the report, it should be verified, processed in a timely manner.

    Chapter II collection plans and decisions

Seventh article in order to protect national security, promote national economic and social development needs of public interest, any of the following circumstances, homes can be implemented:

(A) the needs of defence and Foreign Affairs;

(B) the Organization and implementation by the Government of energy, transportation, water conservancy and other infrastructure needs, (iii) implemented by the governmental organizations of science and technology, education, culture, health, sports, environment and resources protection, disaster prevention and mitigation, conservation, social welfare, municipal public utilities needs;

(D) the construction of low-income housing projects carried out by organizations needs;

(V) implemented by the Government in accordance with the relevant provisions of the law on urban and rural planning organizations to dangerous concentration, poor infrastructure such as the old city reconstruction needs;

(F) other public interest stipulated by laws and administrative regulations of the need. Levy housing construction activities shall conform to the national economic and social development planning, urban and rural planning and land-use planning, special planning.

    Construction of affordable housing projects and reconstruction of the old quarter, annual plans for national economic and social development, should be integrated into the city.

Eighth construction projects be allowed in housing, by building department or district people's government organizations to examine, in line with the provisions of this article seventh, imposed on the Municipal Housing Department reporting into annual homes plan application.

Homes plan application shall include the following information:

(A) description of the project;

(B) in the public interest and related planning, the plan is based on;

(C) require calculations of the compensation funds and modalities for implementation;

(D) the property rights Exchange housing modalities for implementation;

(E) compensation and arrangement for enterprises intent;

(F) the project implementation schedule;

    (VII) is imposed by the municipal housing departments required to submit other relevant material.

Nineth levy is imposed by the Municipal Housing Department received a housing scheme for reports, shall, in accordance with the prescribed annual draft House expropriation plan, submitted to the municipal people's Government.

For organizations to submit applications for the construction sector, municipal housing when the levy is imposed by the Department in the preparation of the annual housing plans, should seek the views of local district people's Government.

District people's Government shall, in accordance with the annual House acquisition plan, organize and implement housing levy.

    Apart from the city or district people's Government, and no unit or individual is allowed to implement House acquisition activities.

    Tenth must start the housing levy, district people's Government shall be levied to the municipal housing authority for the publishing house expropriation notices after they have been examined and verified, levy collected by the Municipal Housing Department the housing announcement, and within scope and on media publicity.

After 11th House acquisition announcement, no unit or individual shall not be administered throughout the homes built, expanded or rebuilt housing and change the housing acts of misconduct such as increased compensation costs; violations of the provisions, without compensation. Is imposed by the Municipal Housing Department the matters listed in the preceding paragraph of this article should be written notice to the urban and rural planning, urban and rural construction, land and resources administrative departments for industry and commerce, the relevant administrative departments should stop the relevant approval procedures.

    Stopped the approval formalities for the longest period of not more than one year. After the 12th house acquisition announcement, is imposed by the housing sector should be within the scope of housing ownership, location, structure, purpose, area, and family members, housing security qualification organization survey, housing situation and other matters.

Is non-residential housing units should be affiliated, production and management, facilities, equipment, employees, economic matters such as making an inventory, collection of placed intention.

Supporting the survey should be expropriated.

    House ownership, use, area of survey results should be announced within a scope. 13th district House acquisition decisions, organization of urban and rural construction, urban and rural planning, land and resources administrative departments, housing and real estate management, finds the range without the registration of housing construction.

    Identified as legitimate construction should be given compensation; identified as illegal structures, without compensation and to take measures such as the removal process.

14th district levy is imposed by the Department is responsible for the development of housing for housing compensation package, reported to the District Government.

Housing compensation scheme should include the following:

(A) compensation for housing purposes, the legal basis;

(B) the scope for housing;

(C) housing compensation methods, standards, calculation methods;

(D) incentives and subsidies;

(E) the basic case for property rights exchange houses;

(Vi) compensation for housing the signing period;

(G) relocation transition, a transition period;

(VIII) compensation and arrangement for enterprises;

    (IX) other related matters. 15th district people's Government shall organize the collection, development and housing reform, urban and rural planning, land and resources, finances, letters and other relevant departments for the administration of compensation for housing programmes to demonstrate, and published in the collection range, for public comment.

Comment period shall not be less than 30th.

Old town is imposed by the need for housing, more than half of housing considered by levy is imposed by the compensation scheme does not meet the laws and regulations and these rules, are levied should be organized by the people's Governments and the public hearings with representatives.

    District people's Government shall be adopted for public comment and opinion information released in a timely manner.

Before 16th district people's Government made the House acquisition decisions should be based on the intentions implementation by compensation for expropriated property rights exchange houses, social stability, risk assessment, and develop and implement measures to prevent and resolve social stability risk, disposal.

    District people's Government shall, in accordance with the compensation needed in full implementation of expropriation and compensation costs, is imposed by the housing sector, and stored in the specified bank account. 17th district people's Government after a housing levy decided in accordance with the provisions of article shall promptly within homes and news announcements in the media.

Notice shall set forth the compensation programme and administrative reconsideration and administrative litigation right and so on.

    Housing is imposed by law, State-owned land at the same time to recover, Department of land and resources without making the decision to recover was within the scope of State-owned land.

    Chapter III the compensation and evaluation House acquisition decisions of the 18th district people's Government should give compensation to be expropriated.

Compensation of monetary compensation and housing property rights Exchange in two ways, to be expropriated will be able to choose. Residential housing compensation including expropriated houses worth compensation and compensation levy resulting from relocation, temporary placement.

Residential housing relocation compensation, including moving expenses and television, telephone, Internet access, transfer fees, gas installation, ground settlement and compensation. Compensation for non-domestic housing including be imposed on compensation and suspend due to levy House, relocation, temporary housing compensation.

Non-domestic removal allowance includes television, telephone, Internet access migration as well as machines, materials, gas, power, water facilities and equipment removal, disassembly and Assembly costs and unable to recover compensation for the residual value of the equipment, and attachments.

    Compensation for expropriated home values, are levied should consider housing location, purpose, structure, new or old, floor space and floor space, land, and other factors.

    19th of municipal and district people's Government in accordance with the urban planning plans co-ordination of the construction of housing, housing collection departments shall collect, store houses, establishment of resettlement housing for the platform, people choose to be imposed on property rights exchange facilitated conditions.

20th district people's Government shall, in accordance with the following provisions to be expropriated to give incentives, subsidies, preferential treatment:

(A) proactive move imposed contributed greatly to the work on housing and reward;

(B) of the Home Affairs Department as the urban minimum living guarantee family and urban minimum living standard security personnel certificate of persons with disabilities in the family, grant;
(C) municipal people's Governments shall give preferential treatment.

Incentives and subsidies collected by the Municipal Housing Department in conjunction with the departments concerned and published.

21st to be housing compensation may not be lower than the value of the housing levy is imposed by decision on levy's announcement was similar to the real estate market.

    Unless specified otherwise by Government for property rights exchange the price of houses, a collection of housing and property rights exchange value, by a qualified real estate prices assessment agencies (hereinafter rating agency) determined in accordance with the relevant provisions of assessment.

22nd assessment agencies are levied by or be imposed representatives on consultations within the allotted time selected through consultation, collected by the housing sector through the Organization to be expropriated in accordance with the principle of majority voting or lottery, lottery and other means are taken to establish, by the notary public of the balloting process and results to be notarized.

    Is imposed by the Municipal Housing Department published evaluation agencies in the scope list, featured candidate list and profiles, to be imposed on people.

23rd assessment body shall, in accordance with the relevant regulations and Commission contracts, requirements for the appointment, to be imposed on field survey to assess the House by House, do field survey records, voice of House exterior and Interior condition is imposed by images, and safekeeping.

Imposed on the housing field survey records, to be expropriated, field survey of appraisers and area homes sector staff to sign.

    Due to be imposed on people causes housing cannot be imposed on entry field mapping, shooting videos people do not agree or be imposed on the ground of survey record signing from non-interested third party witnesses and indicate in the assessment report. 24th assessment agency in accordance with the housing assessment is imposed by power of attorney or contract of agreement, imposed on the areas provided preliminary findings of the household. Initial assessment including an assessment of household objects and its basic conditions and assess value.

Is imposed by the housing sector should be of a preliminary assessment to be expropriated within the scope of publicity 7th.

Public notice during the assessment agency shall arrange valuer explained the preliminary findings of the household. Rating agencies in the initial assessment public notice and amended the expiry, imposed on the housing sector's overall assessment is levied housing report and individual assessment reports.

    Housing Department shall timely transmit to be expropriated is imposed by individual assessment reports.

    25th expropriated houses overall assessment report household housing should be responsible for the assessment and levy assessment projects of two or more appraisers handwritten signature and stamp Evaluation Agency seal.

Article 26th disagrees with the results of the assessment shall, within 10 days from the date of receiving the evaluation report assessed the rating agencies apply in writing for a review to assess.

Against disagrees with the results of the review should be based on the relevant provisions of the State from the date of receipt of the review results on 10th, real estate appraisal, to the Committee of experts in application identification.

Real estate appraisal expert, the Commission shall, within ten days to complete identification and provide the results.

    Real estate price assessment results to the Committee of experts for final conclusions.

27th evaluation institutions and appraisers should be in accordance with the relevant specification homes real estate appraisal valuation shall not be any of the following acts:

(A) beyond the level of qualification take homes valuations business scope of business;

(B) to cater to overestimate or underestimate the requirements, giving rebates, malicious drive down fees, such as unfair competition;

(C) the violation of the norms and standards for real estate appraisal;

(D) a false record, misleading statement or material omission of valuation reports;

(E) without the written consent of the client, unauthorized transfer of any appraisal;

    (Vi) other behaviors prohibited by laws, rules and regulations.

    Fourth chapter collection implementation, supervision and control

28th district people's homes after the decision made by the Government, is imposed by the housing sector should be imposed on people who entered into a compensation agreement.

Compensation agreements should include the following:

(A) compensation;

(B) monetary compensation, the payment period;

(C) the location and size of property rights exchange houses;

(D) loss of compensation, temporary rehousing and compensation, suspend;

(V) removal period, transition period and in such manner;

(F) liability for breach;

(VII) other agreed matters.

    Compensation agreement, party's failure to perform the obligation of compensation agreement, the other party may initiate proceedings in accordance with law.

29th district is imposed by the housing sector to be expropriated in the expropriation and compensation programmes signed compensation agreement is reached within the time limit, or be subject to ownership are not clear, collected by the Housing Department to draw the district people's Government to make compensation decisions.

Draw the district people's Government compensation decisions are made, shall submit the following materials:

(A) report of the decision of the application;

(B) imposed on housing survey data, the housing assessment report and related materials;

(C) the compensation scheme to be expropriated;

(D) the property rights Exchange home related supporting documents;

(V) consultations or housing survey records and relevant information;

(Vi) description of the expropriated property ownership is not clear;

    (VII) other materials associated with the decision.

30th district people's Government made compensation decisions should be served on the expropriated person, announcement and within homes.

    Service by publication, district people's Government through homes within the bulletin boards and the district people's Government website announcement, reasons and which is recorded in the case file.

31st to be expropriated for compensation not satisfied with the decision, may apply for administrative reconsideration or bring an administrative suit.

    To be expropriated within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, and within the time provided in the decision to move from the district people's Government shall perform after written notice procedures, apply to a people's Court for compulsory execution.

    Article 32nd compensation announcement expires, expropriated houses of housing ownership is not clear, organized by the district authorities to be notarized and dismantled.

    33rd district people's Government should be strengthened within the scope of safety management for housing, water supply, sewerage, electricity, gas, heating and other facilities fail, organizing authorities to take timely measures to eliminate faults; identified pertaining to the housing need to be removed, and units of the Organization and be imposed on people to move out, removed in consultation. Article 34th house demolition activities is imposed by the bidding system.    

    Levy is imposed by the departments responsible for the housing of housing demolition tender organization and implement daily supervision and management of demolition activities.

    Within the scope of article 35th of the registered after the demolition, is imposed by the housing sector should be registered with the housing agency, land and resources departments to apply for the Housing Authority, the cancellation of registration of land.

Article 36th is imposed by the Municipal Housing Department shall, jointly with relevant departments to monitor appraisal district people's Government to implement the following practices:

(A) housing is imposed by the implementation of the plan;

(B) housing compensation programme formulation and implementation;

(C) the compensation calculation and storage of funds for housing and (iv) formulation and implementation of the housing levy and compensation decisions;

(E) the implementation of property rights exchange houses;

(Vi) social stability risk assessment;

    (VII) other behaviors related to need.

37th district people's Government shall strengthen the compensation agreement was signed, the relocation of housing inspection, demolition and safety supervision of housing, such as expropriation and compensation work.

    Regional Housing Authority collection departments should strengthen the assessment agencies, house demolition unit monitoring of daily practice.

Article 38th of urban and rural planning, city management, administrative law-enforcement departments should be within the scope of illegal construction of buildings and structures, dismantling under law and other measures.

Auditing organs should strengthen the compensation cost management and usage monitoring.

    Supervisory organs should participate in the housing levy and compensation work of State administrative bodies and civil servants and other personnel appointed by State administrative organs exercise supervision.

39th is imposed by the Municipal Housing Department shall, in conjunction with municipal and district authorities to assess body and house demolition unit Composite Credit Appraisal Management, periodic evaluation and the evaluation results were announced.

    On comprehensive assessment of credit evaluation as an excellent institution, house demolition unit, included in the list of recommended candidates.

    40th is imposed by the municipal housing sector should establish housing expropriation and compensation management system, on system development, operations management, work processes and standardize content, on expropriation and compensation for housing staff in the professional training and continuing education.

    The fifth chapter legal liability

41st district people's Government, municipal and district homes in the Housing Department and the relevant administrative departments staff expropriation and compensation work has one of the following, by the authority in accordance with the relevant provisions of administrative accountability as to constitute a crime, judicial organs dealing with:

(A) without approval of the municipal people's Government, without the housing levy;

(B) without justification, is not completed within the prescribed time the housing levy scheme;

(C) violations without relevant formalities within the suspension period;

(D) the survey results are not real, adverse consequences;

(E) housing social stability risk assessment results of false, causing serious consequences;

(Vi) unauthorized raise or lower the standards of compensation, incentives, subsidies, preferential treatment;

(G) failing to provide property rights exchange houses;

(H) violations of making compensation decisions;

(Nine) is not published in accordance with the provisions of related matters;

(J) the expropriated person maliciously and obtaining compensation;

(11) the imposition of illegal construction activities within the context of ineffective;

(12) the violation confidential information and resulting consequences;

    (13) other circumstances that should be accountable.
42nd article take violence, and threat or violation provides interrupted water, and heating, and gas, and power and road passage, illegal way forced was levy people relocation or fake Government levy name implementation related activities, caused loss of, law bear compensation responsibility; constitute violation security management behavior of, law give security management punishment; on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition; constitute crime of, transfer judicial organ processing.

    Article 43rd counterfeiting fraud, obtaining compensation or violence, threats and other methods to prevent the law of expropriation and compensation for housing works, activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, and handed over to judicial organs for handling.

    44th assessment agencies or appraiser issued false or there is a significant error in the assessment report, removed, and the unit has responsibility for major safety accidents or incidents, is imposed by the Municipal Housing Department recommends that the issuing authority shall be given administrative punishments, credited to the credit file, and purged from the published list constitutes a crime, and handed over to judicial organs for handling.

    The sixth chapter supplementary articles

    Article 45th County (City) of State-owned housing on land expropriation and compensation, can be performed in accordance with the measures. 46th article this way since February 10, 2014. State houses on State-owned land expropriation and compensation prior to the implementation of the Ordinance has legally obtained demolition permits project before the implementation of these measures and project House acquisition decisions and announcements have been made, continue to adopt the existing regulations.