Benxi City Houses On State-Owned Land Expropriation And Compensation Measures

Original Language Title: 本溪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/201506/20150600399305.shtml

Benxi City houses on State-owned land expropriation and compensation measures

    (February 22, 2014, Benxi City, 15th session of the people's Government of the 24th Executive meeting on March 11, 2014, 174th, Benxi City people's Government promulgated as of April 16, 2014) Chapter I General provisions

    First for regulating the activities of State-owned housing on land expropriation and compensation, to safeguard public interests, legal safeguards imposed on home ownership, State-owned houses on land expropriation and compensation under the Ordinance, based on actual city, these measures are formulated.

    Second city-owned housing on land expropriation and compensation procedures apply.

Article III administrative departments in charge of planning and construction, the city houses on State-owned land expropriation and compensation work organization, coordination, supervision and guidance, their collection and management institutions be responsible for day-to-day management of the House:

(A) to develop and improve the city housing compensation policy guidelines, norms, rules and security mechanisms;

(B) to develop and improve the property rights exchange of housing planning, construction, deployment and other supporting policies and measures;

(C) the formulation of the annual plans for homes on State-owned land, and submitted to the municipal people's Government for approval;

(D) levies on housing survey registration, expropriation and compensation programmes, housing acquisition cost supervision and management;

(E) reporting is responsible for handling the collection and timely in accordance with terms of reference;

(Vi) is responsible for the homes of staff training and management;

    (VII) other housing levy, supervision, and management responsibilities.

Fourth District people's Government responsible for the administration of State-owned land on the housing levy and compensation work, carry out the following functions:

(A) the annual plan for the development of homes;

(B) determine the scope for housing;

(C) the Organization to stop illegal rush to act within the scope of housing;

(D) organize the relevant departments in accordance with the relevant provisions within the scope of registered building investigation, identification and processing;

(E) the Organization demonstrates the compensation package, and hold hearings in accordance with the regulations, social stability risk assessment;

(F) raise compensation for housing costs, and payment;

(VII) House expropriation decisions;

(VIII) compensation, grants and awards given to be expropriated;

(I) housing compensation decisions taken in accordance with law;

    (10) shall apply to a people's Court for compulsory execution.

Fifth District people's Government's homes or park management institutions at all levels in the area (hereinafter referred to as is imposed by the Housing Department) is responsible for organizing this, within the administrative area of State-owned housing on land expropriation and compensation work, carry out the following functions:

(A) the organization within the scope of housing home ownership, location, registration of use, an area of investigations;

(B) to develop compensation programmes for housing;

(C) determine the housing tax and then notify the authorities suspending the housing levy Act limits matters within the scope of related procedures;

(D) implementation of homes costing;

(V) itself or entrust implementation performed by units of housing signed a compensation agreement, the organizations selected homes assessment agencies, such as expropriation and compensation related work;

(F) housing compensation files management, household compensation announced;

(G) housing advocacy, interpretation of expropriation and compensation;

(H) the city or district people's Government assigned by the other House expropriation and compensation work.

    Development and reform, financial, land and natural resources, real estate, law enforcement, auditing, public security, justice, industry and commerce, taxation and other departments, in accordance with their respective responsibilities, to coordinate with the State-owned housing on land expropriation and compensation work.

Article sixth expropriation departments may arrange for housing the housing expropriation and compensation, or Commission performed by units of housing, following specific work of houses on State-owned land expropriation and compensation:

(A) the levy on houses within the scope of house ownership, location, registration of use, an area of investigations;

(Ii) housing compensation to be expropriated to negotiate;

(C) to be expropriated select homes assessment body organization-specific work;

(D) housing and their subsidiary facilities of demolition was imposed by law;

(E) housing levy is imposed by the other Housing Department commissioned and compensation work.

House acquisition Department and entrusted performed by units of housing and sign an agency contract, performed by units of housing in the Commission's implementation of housing expropriation and Compensation Act is responsible for the supervision, and shall be liable for the consequences of their actions.

Performed by units of housing must not be for profit-making purposes, levy is imposed by the Department in accordance with the relevant provisions of the Municipal Government to pay for housing funding, collection is included into the cost of collection.

    Without the collection of housing sector delegate, other units or individuals shall engage in expropriation and compensation for housing activities. Seventh is imposed by the municipal housing management agencies should be regularly engaged in housing expropriation and compensation of personnel-related laws, regulations, rules and related professional training.

    Untrained personnel shall not engage in housing levy and compensation work.

    Chapter II impose decisions

Eighth under any of the following circumstances, absolutely necessary to levy House, collected by the district people's Government to make housing decisions:

(A) the needs of defence and Foreign Affairs;

(B) organized by the Government to implement the energy, transportation, water conservancy and other infrastructure needs;

(C) organized by the Government through science and technology, education, culture, health, sports, environment and resources protection, disaster prevention and mitigation, conservation, social welfare, municipal public utilities need;

(D) organized by the Government to implement construction of affordable housing needs;

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

    (F) the provisions of laws and administrative regulations other public interests.

Before Nineth district people's Government shall, at the end of each submission is imposed by the municipal housing management agencies within their respective administrative areas next year is imposed by the housing plan is imposed by the municipal housing authority for the district people's Government House acquisition plan summary, the formulation of the annual plans for homes on State-owned land, reported to the municipal people's Government for approval organization.

    In accordance with these measures under article eighth, is imposed by the need of housing construction activities shall conform to the national economic and social development planning, urban and rural planning and land-use planning, special planning, low-income housing projects and dangerous concentration and infrastructure section of the old city reconstruction and other projects, be allowed in housing should be incorporated into the annual plan for national economic and social development.

    Tenth annual plans of the district people's Government under the housing levy,-in accordance with the planning and construction after the conditions to determine the scope of the project, levy published shall, within the scope of the scope, the housing inventory period, implementation of survey units, and suspension related matters and the period of suspension. 11th House is imposed by the Department shall notify the relevant authorities to suspend processing new construction, expansion, renovation and change housing purposes and other related procedures.

Notice shall set forth the period of suspension, the longest period of suspension shall not exceed 1 year.

Housing tax is determined, is levied shall comply with the following provisions:

(A) must not commit acts of rush;

(B) shall not be engaged in other improper compensation costs.

Housing tax is determined, district people's Government shall have relevant sector and subdistrict offices to stop illegal rush to act, be removed within a party, refuses to dismantle referred to the law enforcement departments according to law.

    Housing tax is determined and stipulated in the implementation of or altering the use of housing and other improper compensation costs, without compensation.

12th house tax is determined, is imposed by the Housing Department or its delegated scope performed by units of housing housing housing in the ownership, location, use, area information, organizational survey, survey record date shall not exceed 20th necessary to extend the registration period of investigation, House acquisition by the city administration, extension of the 20th. In addition to homes outside the Department or its designee performed by units of housing, other units or individuals shall not be administered throughout the House acquisition survey.

Homes sector has implemented a survey, in the period of suspension shall not repeat survey. Is imposed by the Housing Department should be in surveys prior to registration on 5th, written notification is imposed by the municipal housing management agencies as well as municipal finance, audit, land and natural resources, real estate and other sectors for on-site verification.

Is imposed by the findings by the City Housing Authority after verification is confirmed, collected by the Housing Department to be expropriated within the scope housing announcement.

    No unit or individual shall have the right to appeal against findings and audit and control branches to report complaints.

13th district House expropriation decision, shall organize the relevant departments in accordance with the relevant provisions within the scope of registered building investigation, identification and processing. Not registered in these measures refers to the building, not registered the relevant provisions in accordance with property rights, housing rights and other matters recorded in housing for housing should be recorded on the register.

Registered building investigation, identification and processing specified by the city shall be formulated by the Administrative Department of planning and construction, the municipal people's Government for approval.

    Within the scope of the illegal construction, obliges law enforcement agency of the Government in accordance with the People's Republic of China administrative coercion law and the People's Republic of China town and country planning Act and other relevant laws and regulations, to be torn down. 14th is imposed by the housing sector should be developed within the 7th after investigation registration deadline is imposed by the compensation scheme, district people's Government shall organize the relevant departments within the 5th proofed the expropriation and compensation programmes, is imposed by the City Housing Authority audit. Is imposed by the municipal housing management should complete verification within the 5th. District people's Government will confirm compensation package within the scope of the collection published, for public comment.

Comment period shall not be less than 30th.

Expropriation and compensation programmes include the following:

(A) the legal basis for expropriation and compensation for housing;

(B) housing levy designed to;

(C) the scope for housing;

(D) the levy is imposed by the housing sector, housing enforcement unit, imposed on designated appraisal institution name;

(E) compensation for housing the signing period, contract term shall not exceed 30th; require extension of the contract period, collected by the municipal housing management agencies according to the actual conditions of the extended period;

(Vi) expropriation compensation and compensation standards for housing;

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

(H) the term relocation, relocation, relocation may not exceed the 15th;
(I) temporary relocation or working space;

(J) transition and the transitional period, the transition period shall not exceed 27 months;

(11) to suspend production or business losses;

(12) standard of subsidies and incentives;

    (13) other matters.

15th district people's Government imposed a compensation scheme in the housing should be consulted and modified as public opinion in the housing tax presented in a timely manner.

    For old town reconstruction compensation scheme after the publication of 50% people think that the compensation scheme does not meet the above be imposed on State-owned land on the housing expropriation and compensation provisions of the Ordinance and these rules, district people's Government shall organize to be expropriated and deputies, CPPCC National Committee members, lawyers and other public hearing attended by representatives, and based on the hearing to amend the proposal. 16th homes sector according to the survey results and the revised compensation programme within the 7th House acquisition cost estimates, and could impose management audit results submitted to the municipal housing, is imposed by the municipal housing management agencies should be submitted within the 5th review comments, reported to the municipal people's Government for approval, included in the cost of land supply.

    Collection of results of non-residential housing costs should have auditing departments.

Article 17th expropriation and compensation costs include monetary compensation funds and housing for property rights Exchange.

Homes before a decision, district people's Government should be funding for monetary compensation and grants, awards and other expenses deposit the full amount of the financial institution, account stores, earmarking.

    Is imposed by the housing sector and financial institutions compensation fund should be set up to use regulation, audit departments respond to housing compensation fund to track audit.

    18th district people's Government organize letters, departments such as the housing levy released within the time limit of the compensation programme, risk assessment in accordance with the provisions of the social stability; House acquisition decisions be expropriated more than 50 households, should be discussed by the Executive meeting of the district people's Government decision. Homes of the 19th district people's Government decision should be taken at the Benxi journal scope and the housing announcement.

House acquisition announcement shall include the project name, acts of expropriation and compensation programmes, imposed restrictions, on-site reception locations, contact information, monitoring reports, administrative reconsideration and administrative litigation rights and other matters.

    Levy is imposed by the Housing Department shall decide within 3rd day of, housing decisions, expropriation and compensation programmes and risk assessments are levied, is imposed by the City Housing Authority records.

    Chapter III compensation

Section 20th of housing units and individuals, should be compensated according to law, protect legal rights to be expropriated; individual residential tax, guarantee imposed on people's living conditions.

Expropriation and compensation included monetary compensation and property rights Exchange.

Compensation for expropriated persons include:

(A) the value of expropriated houses;

(B) the result of imposed housing relocations, temporary housing costs;

    (C) suspend due to imposed housing losses.

Article 21st for property right exchange of housing at the time of delivery, shall conform to the national standards of quality and safety, and have clear property rights, the right to dispute the conditions.

Because the old city rebuilding individual residential tax, imposed on people in converted lots of property rights Exchange, is imposed by the housing sector should provide alterations lots or lots of commodity residential housing nearby to be imposed on people.

    Alterations referred to in the preceding paragraph section, is a project within the scope of sections is imposed by; the nearest lot refers to the same location adjacent to the imposing project scope section. 22nd collection of housing and property rights exchange value shall be made by a qualified assessment of real estate appraisal institutions.

    Assessment point for housing levy decided the date of the announcement.

23rd of municipal housing departments should publish annually a qualified real-estate prices assessment agencies directory. Collection home value assessment, levied shall be borne by the person selected a qualified real-estate prices assessment agencies. District people's Government imposed when the levy is imposed by the Housing Department in investigating housing registration, are levied should organize consultations to choose a qualified real-estate prices assessment agencies through consultation, collected by the housing sector to be expropriated in accordance with the principle of majority voting, or determined by random.

Assessment Agency be publicized for the selected result in housing compensation.

Homes Department shall apply for a notary to be expropriated, where selected Evaluation Agency for notarization.

    Real estate appraisal institutions should be independent, objective, fair housing levy assessment work, no unit or individual is allowed to intervene.

24th to be expropriated or homes Department disagrees with the results of the assessment, shall from the date of receipt of the assessment report in the 10th, to make real estate prices assessment agencies to apply for a review of the evaluation report assessed real estate prices assessment agencies shall from the date of receipt of the written review to assess applications to review the findings in the 10th.

    To be expropriated or is imposed by the Housing Department for real estate appraisal agency disagrees with the results of review shall, from the date of receipt of the review results in the 10th, identification, real estate appraisal, to request the Committee of experts, real estate Evaluation Expert Committee shall from the date of receipt of the application within the 10th issue a written expert opinions. 25th housing compensation shall not be lower than the housing levy to be imposed on date of the publication of the decision to be imposed on similar real estate housing market prices.

Imposed on home values be expropriated real estate appraisal institutions selected in accordance with House acquisition evaluation assessment.

    Imposed on housing values in these measures refers to the expropriated premises and within the land-use rights in normal circumstances, transactions with expertise by both sides in a fair manner in assessing the amount of point in voluntary transactions, but does not consider the expropriated rental, mortgage, attachment, and other factors influence.

26th district people's Government should be given to be expropriated in accordance with the relevant provisions of the municipal government subsidies and incentives.

    Specific provisions to be expropriated subsidies and incentives, developed by the departments of city planning and construction administration submitted to the municipal people's Government for approval. 27th to be expropriated choice property rights Exchange, during the transitional period, the Housing Authority is imposed by the Department on a quarterly basis to pay temporary relocation costs. Beyond the transitional period, temporary relocation costs increased since the months of late 1 time.

    Transition period since the date on which the signed compensation agreement.

Section 28th according to government guidance prices rental public housing, public housing tenants to property units of housing after the procedure to buy property, as to be expropriated is compensated.

Abandoned tube within public housing is imposed by the municipal real estate administration authority should be in accordance with the relevant provisions of property received procedures, public housing tenants carry out procedures of housing after purchasing the property, as to be expropriated is compensated.

    Levy within the public housing tenant unable to meet housing reform procedure to buy property, collection Department property unit should be compensated by property units to public housing tenants assigned rent public housing.

    29th to be expropriated choice property rights Exchange, is imposed by the housing sector and expropriated shall be levied in accordance with date of the publication of the decision to be imposed on home values and value for property rights exchange houses settle the difference.

    Section 30th houses military facilities, churches, monasteries, cultural relics and historic sites or have mortgages, shall be handled in accordance with relevant laws and regulations.

31st is imposed by the housing sector housing expropriation and compensation agreements with be expropriated, and issue be expropriated within the scope.

    Compensation agreements should include: compensation, compensation and payment terms, locations and areas used for property rights Exchange housing, relocation, temporary relocation or loss of working room, suspend, move deadlines, transitions and transition period as well as breach of contract and other matters.

    Article 32nd is imposed by the housing sector to be expropriated in the compensation scheme compensation has been reached within the contract term agreement or be subject to ownership are not clear, the Housing Authority collection departments shall, after the expiry of the contract term shall be reported within the 3rd district people's Government in accordance with the expropriation and compensation provisions of the programme, shall make compensation decisions, and within homes shall be published. Article 33rd housing levy first compensation, then removal.

Levy is imposed by the housing sector should be paid moving expenses. Homes Department to be expropriated after the compensation, be expropriated in the compensation agreement or compensation decision of moving to complete the relocation within the time limit.

    District people's Government shall, in accordance with compensation or compensation decided to carry out the obligation of delivery of property rights exchange houses.

    Article 34th to be expropriated in the expropriation and compensation programme within the contracted term signing and relocation, is imposed by the housing sector should be rewarded in accordance with expropriation and compensation programmes. 35th to be expropriated from the date of receipt of the decision, within the statutory time limit does not apply for administrative reconsideration or no administrative proceedings, within the term specified in the decision and does not move, relocation of people the Government should be urged to be expropriated to fulfil obligations. After written notice to the 10th, relocation of people and failed to perform an obligation is imposed by the district people's Government shall initiate legal proceedings immediately apply to a people's Court for compulsory execution.

People's Court granted the Executive from making compensation decisions, district people's Government in accordance with the decision of organization and implementation.

District people's Government to the people's Court for compulsory execution, should provide the following materials:

(A) the application for enforcement and shall attach a compensation amount and account storage accounts, property rights exchange houses and working with materials such as location and size;

(B) compensation and related the evidence and on the basis of normative documents;

(C) compensation decided to serve documents, the notice and the housing to be expropriated, direct comments by the interested;

(D) social stability risk assessment;

(E) seeking to enforce the housing situation;

(F) the person's name or title, address, property status and other circumstances associated with enforcement;

    (VII) other materials stipulated by laws and administrative regulations should be submitted.
36th no unit or individual is allowed to violence, threats or violations of provisions of interrupted water supply, heat supply, gas supply, power supply and road traffic are levied illegally forced relocation of people.

    37th signed a compensation agreement, the levy should be imposed on house ownership certificates or State-allocated housing permits as well as is imposed by the land use right certificate etc for the housing sector.

Levy is imposed by the housing sector should be within the houses demolished in the 30th, collection of decisions, expropriation and compensation agreement or by expropriation and compensation decisions, to real estate, land registration authority for cancellation procedures.

    Application is imposed by the relevant administrative departments should be based on person, special maintenance fund balances of property to return the collection of people.

    Article 38th to be expropriated with compensation agreement or compensation decisions to the public security, postal service, telecommunications, public utilities, Education Department or unit to handle the migration, such as the telephone migration, hot water, stop, occlude, power outages, and transfer procedures, relevant departments or units shall in accordance with the relevant regulations.

39th House acquisition departments shall establish housing compensation files, and individual compensation to be expropriated within the scope housing announcement.

    Compensation of charge audit institutions should strengthen the management and supervision of the use of, and published in the homes within the audit results.

    The fourth chapter legal liability

    40th is imposed by the housing sector and related staff in housing expropriation and compensation work failed to perform their duties or abuse of power, negligence, malpractice, resulting in the loss of, legally undertake the compensation responsibility of managers directly responsible and other persons directly responsible, disciplined by the higher authorities or supervisory organs constitutes a crime, criminal responsibility shall be investigated according to law.

    41st 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, caused loss of, law bear compensation responsibility; on directly is responsible for of competent personnel and other directly responsibility personnel, constitute crime of, law held criminal; is not constitute crime of, law give disposition; constitute violation security management behavior of, law give security management punishment.

    42nd violence, threats and other means to hinder housing expropriation and compensation law, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    Article 43rd Huanren Manchu autonomous county Benxi County and houses on State-owned land expropriation and compensation can be performed in accordance with the measures. 44th article of the rules as of April 16, 2014. June 3, 2011 in Benxi City, Benxi City, announced by the people's Government of the houses on State-owned land expropriation and compensation measures (municipalities, 159th) repealed simultaneously. These measures impose decisions already taken before the implementation of projects and the projects that have been lawfully obtained demolition permits, continue to adopt the existing regulations.