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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

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Expropriation and Compensation Regulations for National Lands in Fhan Province

(Adopted by the 19th Standing Committee of the People's Government of Fford, 20 March 2014, No. 138 of the People's Government Order No. 138 of 25 March 2014)

Chapter I General

Article 1, in order to regulate the collection and compensation activities of State land, preserve public interest and guarantee the legitimate rights and interests of the licensee of the house, develop this approach in line with the provisions of the State Department's National Land-Based and Compensation Regulations and other relevant laws, administrative regulations.

Article 2, this approach applies to national land collection and compensation activities within the territorial administration.

The Government of the last-tier people should strengthen the supervision of the Government's house collection and compensation.

The Provincial Government's Housing Rural and Rural Construction Authority will guide the collection and compensation of all provincial homes in the same sectors as the same level of finance, land resources, development reform.

Article IV. The commune, district-level people's government is responsible for the collection and compensation of State-owned land in this administrative area.

The house-covered sector established by the municipality, the district-level people's Government (hereinafter referred to as the house collection sector) is responsible for the organization of the collection and compensation of homes in the current administrative area. The area of house collection is governed and directed by the district (communes, areas) housing units.

The relevant sectors of the municipal, district-level people's government should work together to secure housing collection and compensation in accordance with the responsibilities set out by the current people's Government.

Article 5. The house-covering sector may entrust the house to carry out the specific work of the housing and compensation unit.

The house-covering sector has commissioned the operation of the implementing units and should enter into a commissioning agreement with the implementing units, specifying the scope, competence, duration, work funding and other relevant elements.

Structural management should be governed by a specific approach developed by the provincial Government's rural and urban construction authorities.

Chapter II

Article 6, in order to guarantee the public interest needs, such as national security, the promotion of national economic and social development, is one of the conditions set out in article 8 of the National Land-Based and Compensation Regulations, that construction projects are required to collect housing projects, and that the municipalities, district-level people's governments should organize development reforms, land-use resources, planning, etc., and, as evidence, that construction projects are in line with national economic and social development planning, land-use master planning, rural and urban planning and earmarked planning, and that the city-level people should determine the scope of homes and make public.

Article 7

(i) Construction, expansion and alteration of homes;

(ii) To apply for the establishment or registration of a business (personal and business) for the purpose of the house being charged;

(iii) Changes in house use;

(iv) Other inappropriate increases in compensation costs.

The housing levy sector should inform the planning, land resources, construction, housing, business and tax authorities on matters such as the specific address of the house, the duration of the time period.

Article 8. The housing levy sector investigates the rights of the house, the place, the use, construction area, etc., and the licensee shall cooperate. The results should be made available to the licensee within the scope of the house.

Prior to the decision of the municipal, district-level people's Government to make house collections, the relevant sectors such as land resources, planning, housekeeping, construction, business, tax, urban administration administration administration should be organized to investigate, identify and deal with unregistered buildings in accordance with the law.

Municipal, district-level people's governments can develop unregistered construction clearances and treatments in the context of local practice.

Article 10. The housing levy sector is responsible for the development of compensation programmes that should include the following:

(i) Removal and compensatory means;

(ii) The reference price for housing currency compensation;

(iii) Period of signature;

(iv) The method of calculation of housing value for the location of the property transfer, the value of the house collected and the value of the property transferred;

(v) Removal fees, temporary accommodation rates and the number, location;

(vi) Reimbursement criteria for loss of life;

(vii) A housing security scheme that is in line with housing guarantees;

(viii) Identification and treatment of houses without property rights;

(ix) Other clear elements.

Article 11. Governments of the urban, district and sub-national levels should organize the arguments of the relevant departments for the collection of compensation programmes, the post-confirmation of compensation programmes, the request for comments and changes based on public opinion, which should be made available in a timely manner.

As a result of the alterations in the old urban area, over half of the charging programme was considered to be incompatible with the National Land Collection and Compensation Regulations and the scheme, the Government of the urban, district-level people should organize hearings by the collector and public representatives and revise the programme in accordance with the hearings.

Prior to the decision taken by the municipal, district-level people's governments on house collection, the sector established by the current people's Government or commissioned specialized agencies to project and assess the risks of social stability through a combination of popular representatives, parliamentarians and public opinions, expert review and relevant functional sector statements.

In accordance with the report on the assessment of social stability, the Government of the urban, district-level people decides to take decisions on the imposition of homes.

Article 13 states that the Government of the urban, district-level people shall make a decision on house collection. The announcement should contain the following:

(i) Conduct decisions;

(ii) The name of the department levy and the agency entrusted;

(iii) Removal programmes;

(iv) Administrative review, administrative litigation rights;

(v) Advisory location, supervision of telephones;

(vi) Other matters requiring a notice.

Chapter III Compensation

Article 14. Reimbursement of the value of the house collected shall not be lower than the market price of the property of the house that is charged on the date of the decision-making notice. The value of the house collected is determined by the corresponding fiduciary real estate price assessment body, in accordance with the State-owned housing assessment scheme, or by the housing levying sector, in consultation with the licensee.

Article 15. Objections to the assessment of the value of the house collected may apply for a review assessment to the original real estate price assessment body within 10 days of receipt of the assessment report, and the assessment body shall re-evaluate its nuclear assessment without compensation. The Committee of Experts on Real Property Evaluating may apply within 10 days of receipt of the review. The Committee of Experts on real estate price assessment should have validated views within 10 days.

Article 16 provides for the assessment, identification costs incurred by the author. However, the identification of changes to the results of the original assessment was borne by the original real estate price assessment body. An assessment of house collection, identification costs are carried out in accordance with the assessment fee rates set by government price authorities.

The assessment of real estate prices identifies specific approaches to management, developed by the Provincial Government's authorities for rural and urban construction.

Following a decision taken by the municipality, the communes' government to publish the list of real estate price assessment bodies, basic information, within the scope of the collection, and to inform the person of the relevant matters, such as the time frame for the selection of property price assessment bodies.

The licensee shall consult the selection of the real estate price assessment body within the prescribed time period; the unanimity of the licensee within the prescribed time period shall be determined by the breadwinner or voting by the organization of the house. It is determined in an random manner that they can be chosen by cranes and by the drawing of lots. The number of persons who participated in the voting decision or the licensed real estate price assessment body shall not be less than three; the number of persons charged with voting shall be half, and half of the votes cast elect the same real estate price assessment body.

Article 18 may choose monetary compensation or may choose to relocate home property.

Because urban planning adjustments do not allow currency compensation for the transfer of property from licensed businesses.

Article 19 quantifying personal residences, which are subject to the conditions of housing security in towns, shall give priority to housing security in accordance with the following principles:

(i) The licensee's choice of monetary compensation, giving priority to the provision of rental housing in accordance with the application of the licensee;

(ii) The licensee chooses to redeploy the housing property rights and is placed under the standard of local integrity rental housing security, which is not less than the local standard of housing security. The increased share of the area of property transfer should be added to the price determined by the payment programme.

Article 20, where the house was charged as a State-owned house, the lessee could continue to rent the property transfer. In line with the local government housing purchase provision, the lessee may choose to purchase public property rights.

The collection of units is carried out by reference to the provisions of the preceding paragraph.

Article 21, which causes relocation due to the collection of homes, should pay for relocation costs to the licensee.

The housing sector should pay 6 months of temporary settlement fees for the funds collected or transferred to the current housing property.

The transition period shall not exceed three years for the transfer of property from the house, the agreement and relocation within the time of the signing of the contract, and the transition period shall be calculated from the date of the conclusion of the contract, and the time period for the relocation of the agreement over the date of the relocation of the contract agreement. During the transition period, the housing levy sector should pay temporary accommodation fees for the licensee, in accordance with the prescribed criteria, with the exception of the swing house already provided; in addition to the force majeure, the housing levy should pay a two-fold temporary settlement fee from the late month to the disbursed person who provided the swing house, and the payment of temporary settlement fees to the distributor who provided the swinghouse. During the period of late settlement, temporary settlement charges should be paid on the basis of the adjustment criteria for the month.

Removal fees and temporary accommodation rates are established by the municipalities and the communes' governments.

Article 22, in accordance with the following conditions, shall be compensated for the loss of the licensor's suspension.

(i) The right of the house to be charged with a housing certificate or a legitimate building determined by the relevant authorities;

(ii) Theft of houses as non-residents;

(iii) There is a legitimate and effective licence for the production of administrative licenses and a shelter (place of business) as set out in administrative permits;

(iv) Tax registration and tax vouchers have been processed.

Article 23. Reimbursement for loss of life in the event of a suspension of the production sector, which is determined by the average net profit of the operator for almost three years, is not determined by the average net profit during the full production operation. The net profits are determined according to the value of the after-taxed profit from the tax sector; the tax sector is not able to obtain proof and are determined in accordance with the annual corporate audit report with the corresponding qualifications.

The period of compensation for the loss of life of the licensor was calculated on the basis of the actual suspension of the production period; monetary compensation was awarded, and the period of compensation for the loss of the licensor was calculated for six months.

Article 24 redeployed houses should be in line with the design criteria for the housing of the State and the province, with the full range of facilities such as water, electricity, and the delivery of the eligible parties for the completion of the work.

The property transfer rate was introduced at the end of the home, and the housing leprosy sector should be provided with the appropriate repair compensation of the licensee, which was developed by the city, the district people's Government.

Article 25 Construction units, survey units, design units, construction units and engineering units are responsible for the quality of property transfer. The construction of administrative authorities at the municipal, district level is governed by the supervision of the quality of property transfer.

Article 26 Removal period determined by the municipal, district-level people's Government's decision on housing collection shall not be less than 15 days.

As a result of the collection of homes, the housing levy sector should provide the land, housing rights registry agencies with the materials required for the processing of land and housing rights in the form of a written-off registration, and land, housing rights are to be registered in a timely manner; and the housing leprosy sector should provide timely material for the registration of the licensee's land rights for the processing of property transfers.

Chapter IV

Article 28, which violates the provisions relating to the collection and compensation of houses on State land, shall be subject to legal responsibility and shall be implemented in accordance with the provisions of the State Department's National Land Taxation and Compensation Regulations.

Article 29 also provides for the collection of foreign consular houses, military facilities, accommodation, churches, temples, monuments and buildings in historical cultural protected areas, in accordance with the relevant laws, regulations, regulations and regulations.

Article 33