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

Original Language Title: 福建省实施《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/201506/20150600399356.shtml

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

    (March 20, 2014, Fujian Provincial people's Government Executive meeting of the 19th through March 25, 2014 138th promulgated by the people's Government of Fujian province as of May 1, 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 houses one of the owners, according to the State-owned land on the housing expropriation and Compensation Ordinance and other relevant provisions of laws and administrative regulations, combined with the province, these measures are formulated.

    Second approach applies to houses on State-owned land within the administrative area of the province expropriation and compensation activities.

Article higher people's Governments shall strengthen the lower level people's Governments housing levy oversight and compensation work.

    Provincial departments of housing and urban-rural construction in conjunction with the financial, land and natural resources, development and reform, and other relevant departments, guide the work of the province's housing expropriation and compensation.

The fourth city and county people's Government responsible for the administration of State-owned housing on land expropriation and compensation work. Homes sectors identified in city and county level Governments (hereinafter referred to as is imposed by the housing sector), is responsible for implementation of this administrative area housing expropriation and compensation work.

Districts and cities housing levy departments of counties (cities and districts) is imposed by the housing sector supervision and guidance.

    City and County departments shall, in accordance with the provisions of people's Governments Division of responsibilities, cooperate with each other, ensuring smooth progress of House expropriation and compensation work.

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

Housing levy performed by units of housing sector delegate introduced, should be performed by units enter into trust agreements, clear terms of reference, rights, duration, work, and other relevant content.

    Performed by units of housing should be standardized management, and the specific measures formulated by the provincial Government Department of housing and urban-rural construction.

    Chapter II impose decisions Sixth article to guarantees national security, and promote economy and social development, public interests need, belongs to state-owned land Shang housing levy and Compensation Ordinance eighth article provides of case one of, does needed levy housing of construction project, city, and County Government in made housing levy decided Qian, should organization development reform, and land resources, and planning, about sector for argument; by argument, construction project meet economy and social development planning, and land using general planning, and urban and rural planning and special planning of, city, and

    County-level people's Governments shall determine the housing tax and to the public.

Scope article seventh House following the publication of in the range of units and individuals, may adopt the following acts:

(A) the new, expanded and reconstructed houses;

(B) to be imposed on houses for the residence (or place of business) to apply enterprise (individual businesses) the establishment or change of registration;

(C) change in housing;

(D) other improper compensation costs.

    Housing Department shall levy is imposed by specific address range, suspending the period issues written notice to planning, land resources, construction, housing, industry and commerce, taxation and other related sectors. Eighth is imposed by the housing sector within the scope of housing home ownership, location, use, building area of survey registered, expropriated shall be matched.

    Findings should be made public to be expropriated within the scope housing.

Nineth is imposed by the city and County to make housing decisions, organization, planning, housing, construction of land and resources, industry and commerce, taxation, municipal administration and other relevant departments within the legal scope of registered building investigation, identification and processing.

    City and county governments may make unregistered construction combined with actual identification, treatment.

Tenth House acquisition Department is responsible for the development of compensation schemes, compensation schemes should include the following:

(A) compensation and compensation methods of the object;

(B) be subject to monetary compensation for housing the reference price;

(C) the contract term;

(D) are levied for property rights Exchange housing sites, home values and property rights exchange value the difference calculation method;

(E) the removal costs, the number of temporary placement fees and working rooms, location;

(F) suspend compensation standards;

(VII) of expropriated homes eligible for housing security safeguards;

(VIII) without the cognizance and treatment of housing measures for the registration of property rights;

    (IX) other explicit content.

11th of municipal and county people's Governments shall organize relevant departments to the argument of expropriation and compensation schemes, evaluation of compensation schemes, the request for comment and modify it as public opinion should be made public in a timely manner.

    Old town is imposed by the need for housing, a majority of people think that levy is imposed by the compensation package is incompatible with the houses on State-owned land expropriation and compensation provisions of the Ordinance and these rules, the city and County are levied should be organized by who and representatives of the public hearings, and based on the hearing to amend the proposal.

The 12th is imposed by the city and county governments in making housing decisions, shall be determined by the people's Governments at the corresponding level of Department or entrust a specialized agencies, through consultation with NPC deputies, CPPCC members and the opinions of the masses, expert comments and relevant functional departments demonstrated a combination of approaches, estimate and evaluate risks to social stability, and provide social stability risk assessment report.

    City and County based on social stability risk assessment report, decide whether or not to House acquisition decisions. 13th is imposed by the city and County to make housing decisions, shall be announced.

Notice shall include the following:

(A) is imposed by the decision;

(B) the levy is imposed by the Department and delegates the implementation of company name;

(C) compensation programmes;

(D) rights of administrative reconsideration and administrative litigation;

(E) consultation locations, monitor phone calls;

    (Vi) other matters need to be announced.

    Chapter III compensation 14th home values to be imposed on the compensation shall not be lower than the levy imposed on the date of announcement of housing housing market prices of similar real estate.

    Value of expropriated houses, by a qualified real estate prices assessment agencies in accordance with State-owned land on the housing levy assessment approach assessment levied or collected by the Housing Department in accordance with compensation determined in consultation with to be expropriated. 15th article disagrees with the assessment imposed on home values, in the 10th on receipt of the evaluation report to the original real estate prices assessment agencies to apply for a review to assess, assessment bodies should be free to review assessment. Against disagrees with the results of the review, you can receive the review results in the 10th to the real estate appraisal Expert Committee for identification.

    Real estate appraisal expert opinion issued by the Committee of experts should be within the 10th. 16th House acquisition assessments, identification of cost borne by the client. But identifying changes to the original assessment, identification of costs borne by the original real estate prices assessment agencies.

Housing levy assessments, identification of costs according to the Government Department in charge of price evaluation standard.

    Real estate appraisal appraisal management and the specific measures formulated by the provincial Government Department of housing and urban-rural construction.

17th of municipal and County bulletin House expropriation decision, collected by the Housing Department announced within a range real estate prices assessment agencies list, basic information, and consultations on selected real estate appraisal related matters such as term of the Agency informed of any collection of people. Consultations within the expropriated person shall, within the prescribed period selected real estate appraisal institutions to be expropriated within the prescribed period cannot be consensus, collected by the housing sector organizations determined to be expropriated by random or vote. Determined at random, can be a lottery, draw their one.

    Voting decisions or a randomly selected real estate appraisal Agency shall not be less than 3; determined by voting, the number should be expropriated by a majority of the votes, a majority of the voters selected the same real estate appraisal institution for the majority decision.

18th to be expropriated can choose monetary compensation, or you can choose housing property rights Exchange.

    Due to urban planning cannot be imposed on companies operating with a title change, offering monetary compensation.

The 19th individual residential tax, to be expropriated in accordance with conditions of urban housing security, House acquisition decision municipal and county-level people's Governments shall, in accordance with the following principles of priority housing:

(A) imposed on people choose monetary compensation, according to levy's application for priority assigned public rental housing; (B) to be expropriated choice housing property rights Exchange, be subject to insufficient floor space of buildings of local affordable housing and security standards, are placed by no less than the local housing standards.

    Increasing section area of housing property rights Exchange, is levied shall be determined according to the compensation scheme pay the price difference. 20th has been imposed residential State-owned tube housing, tenants can continue to rent a property rights exchange houses.

Meet the requirements of local government purchase of public housing, the lessee may also choose to purchase ownership of public houses.

    Collection tube housing, reference to the provisions of the preceding paragraph.

Resulted in relocation of article 21st is imposed by the housing, the Housing Authority is imposed by the Department shall pay removal costs to be imposed on it.

Housing monetary compensation or to be imposed on existing property rights Exchange, is imposed by the housing sector should pay for 6-month temporary relocation costs. Imposed on the expropriated houses auction property rights Exchange, the transitional period shall not exceed 3 years, signed an agreement during the term of contract and relocation, transition period counted from the date of the end of the contract period, signed an agreement signed over the term relocation, transition period commencing the date of relocation. In transition term within, housing levy sector should by provides standard paid was levy people temporary placed fee, but has provides turnover with room of except; except force majeure outside, late placed of, housing levy sector should from late of months up on itself transition of was levy people paid double temporary placed fee, on provides turnover with room of was levy people by provides standard paid temporary placed fee.

Late during placement, temporary placement fee adjustment, shall be adjusted as of the month of the adjusted standards for the issuance of temporary relocation costs.

    Removal and temporary housing fees set by the city and county governments.

22nd article that meets the following conditions, be expropriated suspend compensation shall be given:

(A) imposed on housing with housing ownership certificate as lawful or authorized by construction;

(B) House to be levied for non-residential premises;

(C) legitimate and effective production and operation of administrative permission license and certificate of administrative license according to the stated place (place of business) to be imposed on housing;

    (D) has handled tax registration and tax payment voucher. 23rd suspend compensation criteria, determined according to the operator's nearly 3-year average net profit, less than 3 years of operating in all production during the average net profit determined.

Net profit after tax of profits according to the tax authorities issued documents identified; cannot be certified by tax authorities, according to the corresponding qualification issued by an accounting firm's annual audit report.

    Introduction of property rights Exchange, be subject to suspend compensation period based on the actual suspend period; of monetary compensation, be expropriated suspend compensation terms of 6 months.

Article 24th of housing property rights Exchange, shall conform to the design standards for national and provincial housing, water, electricity and other facilities, behind the acceptance of deliverables.

    Property rights exchange houses for renovation at the beginning of the end, levy is imposed by the housing sector should be given proper compensation for decoration, decoration compensation standards set by the city and county governments. 25th construction units, prospecting units, design, construction, project supervision institutions legally responsible for property rights Exchange housing project quality.

    City and County construction administrative departments of quality supervision and management on property rights Exchange housing projects.

    Article 26th city and County housing compensation decisions made by the removal period shall not be shorter than 15th.

    27th House was levied upon homes Department shall timely provide land, housing management authority in the registration authority to provide land and housing management authority to cancel the registration materials, land and housing management authority in the registration authority shall promptly apply for land and housing management authority to cancel the registration; is imposed by the Housing Department should timely be expropriated to apply for registration of property rights exchange of land the house ownership certificates required materials.

    The fourth chapter by-laws

    28th in violation of houses on State-owned land expropriation and compensation provisions, shall bear legal responsibility, in accordance with State Council houses on State-owned land expropriation and compensation provisions of that Ordinance.

    29th laws and regulations, regulations on the collection of houses, military installations, foreign consulates and overseas Chinese houses, churches, monasteries, cultural relics and historic sites, historical and cultural protection area within the building such as otherwise provided, in accordance with the relevant laws, rules and regulations to implement it. 30th article this way come into force May 1, 2014.