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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

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Home collection and compensation scheme for State land in the city

(Summit 24th ordinary meeting of the Government of Japan, 22 February 2014, to consider the adoption of Decree No. 174 of 11 March 2005 of the People's Government Order No. 174 of the Japan stream of 16 April 2014)

Chapter I General

Article 1 provides for the regulation of State land collection and compensation activities, the maintenance of public interest, the guarantee of the legitimate rights and interests of the licensee of the house, and the development of this approach in line with the State-owned land-based regulations.

This approach applies to the collection and compensation of houses on the State's land.

Article 3

(i) Establish and improve the compensation policy guidance, normative guidelines, operational rules and safeguards mechanisms in accordance with the law;

(ii) The development and improvement of policy measures such as the planning, construction and redeployment of property rights for housing;

(iii) The preparation of annual plans for house collection in national land in the city and the approval of the Government of the city;

(iv) Oversight management of survey registration, compensation programmes, and cost measurement of homes;

(v) To receive reports of the collection and to deal with them in a timely manner;

(vi) Training and management of house-covered staff;

(vii) Guidance, supervision and management responsibilities for other houses.

Article IV

(i) Development of annual plans for house collection;

(ii) Identification of the scope of house collection;

(iii) Organizing for the suppression of violations of the construction of houses;

(iv) Organizing investigations, identification and treatment of unregistered buildings in accordance with the relevant provisions;

(v) The organization of the award compensation programme and, as required, the holding of hearings and the conduct of a social stabilization risk assessment;

(vi) Mobilization of housing fees and regulation of payments;

(vii) Decisions on house collection;

(viii) Reimbursement, subsidies and incentives for the licensee;

(ix) Reimbursement decisions taken by the law for homes;

(x) The enforcement of the People's Court by law.

Article 5

(i) Organization of investigations into the rights of tenure, area, use, construction area, etc. of the house;

(ii) The development of housing-related compensation programmes;

(iii) A written notice after the establishment of the scope of the house to suspend the procedures relating to the restrictions on the conduct of the house;

(iv) Cost measurements for the implementation of homes;

(v) Individual work related to compensation, such as self-governing or entrusting the house with the implementation of the compensation agreement, the organization of the selection of housing-based assessment institutions;

(vi) Reimbursement archives management for homes and disclosure of sub-house compensation;

(vii) Advocacy, interpretation of house collection and compensation;

(viii) The collection and compensation of other houses delivered by the city, the people of the region.

Development reform, finance, land resources, housing, integrated law enforcement, audit, public safety, justice, business and tax sectors, in line with their respective responsibilities, cooperate with the work related to the collection and compensation of homes on State-owned land.

Article 6. The house-covering sector may organize its own house collection and compensation work, or may entrust the house with the implementation unit and undertake specific work on house collection and compensation in the following State's land:

(i) Examination of the extent to which housing is covered by the house, the place, the use, construction area, etc.;

(ii) Consultations with the licensee on compensation for homes;

(iii) Specific organizational work of the house-covered assessment body;

(iv) The demolition of stolen homes and their subsidiary facilities by law;

(v) Removal and compensation for other houses commissioned by the house.

The housing leprosy sector should enter into a commissioning contract with the authorized housing units to monitor the collection and compensation of homes carried out by the house's implementing units within the scope of the commission and assume legal responsibility for the consequences of the act.

The house-covered implementation units shall not be used for profit purposes, and the housing levy sector pays for work expenses under the relevant provisions of the municipal government.

Other units and individuals are not allowed to engage in house collection and compensation activities without the authorization of the house.

Article 7. The municipal housing-covering authority shall conduct regular training on the legal, regulatory, regulatory and related expertise for persons engaged in house collection and compensation. Untrained personnel shall not engage in the collection and compensation of homes.

Chapter II

Article 8 is one of the following cases where the house is to be collected and the decisions taken by the people of the region on the house:

(i) Defence and diplomatic needs;

(ii) Implementation of infrastructure-building needs, such as energy, transport and water, by governmental organizations;

(iii) The implementation by governmental organizations 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 utilities;

(iv) The Government organizes the implementation of the requirements for the construction of SICA;

(v) The Government implements the need for the alteration of the old urban area in accordance with the local urban and rural planning organizations of the city, in accordance with localities such as the concentration of endangered houses, the backward infrastructure;

(vi) Laws, administrative regulations stipulate other public interest needs.

Article 9. The Government of the communes shall report to the next year of the house of the city by the end of each year to the next year of the administration, and the municipal housing collection management shall carry out a summary of the plans for the collection of homes by the people of the various districts, develop annual plans for the home of the State of the city and organize the implementation of the post-community government approval.

In accordance with article 8 of this approach, construction activities that require the collection of homes should be in line with national economic and social development planning, land-use master planning, rural and urban planning and specific planning, which guarantees the safety of tenure and the concentration of endangered housing, the alterations of the old urban areas behind infrastructure, and the need for the collection of homes and should be incorporated into the annual plan for the economic and social development of regional nationals.

Article 10. The Government of the People of the Region shall, in accordance with the annual plan arrangements for house collection, be subject to the scope of the collection, the duration of the implementation of the registration of the house survey, the implementation of the investigation unit and the suspension of the matter and the period of suspension.

Article 11. The house-covering sector shall notify, in writing, the authorities concerned of the suspension of such procedures as construction, expansion, alteration of homes and changes in the use of homes. The notice shall contain a period of suspension, which shall not exceed one year.

After the definition of the scope of the house, the licensee shall comply with the following provisions:

(i) No act of robbery;

(ii) No other improper increases in compensation costs.

After the establishment of the scope of the house, the Government of the People of the District should be tasked with the authorities and the street offices to end the violations of the construction, the removal of the time-bound parties and the denial of removal to the integrated law enforcement sector.

The scope of the house was determined without compensation for violations of the provision of construction or alteration of the use of homes, as well as other inappropriate increases in compensation costs.

Article 12. After the establishment of the scope of the house, the house's levies or their authorized housing units respond to the rights of the house, area, use, construction area, etc., organize investigations into the registration period of up to 20 days; require an extension of the period of registration, with the consent of the municipal housing administration, which may extend 20 days.

Other units or individuals may not carry out investigation registrations within the scope of the house, in addition to the house-covering units or their home-managed units. The house-covered sector has been registered and no duplication of investigation is permitted within the time limit.

The house-covered sector shall be notified in writing to the city's house for field verification by 5 days prior to the registration of the registration, as well as the municipal-level finance, audit, land resources and property. The results were confirmed by the municipal housing administration, which was published by the house in the area of house collection.

Any unit and individual are entitled to challenge the findings and to report complaints to the audit, inspection bodies.

Prior to the decision taken by the Government of the People of the District to collect homes, the relevant authorities should organize investigations, determinations and treatment of unregistered buildings in accordance with the relevant provisions.

The approach refers to unregistered buildings that have not been registered in accordance with the relevant provisions of the house's property rights and other documented matters in the home registry. Unregistered construction surveys, confirmations and specific provisions have been developed separately by the municipal planning authorities and implemented with the approval of the Government of the city.

In the area of ill-treatment, the Government of the People's Republic of the District has tasked the integrated law enforcement sector to dismantle it in accordance with the relevant laws, regulations, such as the National People's Republic of China's Administrative Force and the People's Republic of China Rural and Rural Planning Act.

Article 14. The housing levy sector shall develop compensation programmes within 7 days of the completion of the registration period, and the people of the region shall organize, within 5 days, evidence of the payment programme and review the administration of the house. The municipal housing-covering authority shall complete the confirmation within 5 days. The Government of the region will make public comments on the confirmation of the post-harvest programme. The period of consultation shall not be less than 30 days.

The compensation programme includes the following:

(i) The legal basis for house collection and compensation;

(ii) The purpose of house collection;

(iii) Scope of house collection;

(iv) The name of the unit of the house collection, the unit of the house and the selected assessment body of the licensee;

(v) The duration of the contract for the payment of compensation for the home shall not exceed 30 days; the duration of the extension of the contract shall be required and the extended period shall be determined by the municipal housing-covering authorities on the basis of the actual circumstances;

(vi) Reimbursement and compensation standards for homes;

(vii) The location and area of property transfer;

(viii) Removal charges, relocation periods shall not exceed 15 days;

(ix) Interim settlement fees or swing houses;

(x) The transition and transition period shall not exceed 27 months;

(xi) Losss of the suspension;

(xii) Grants and incentives criteria;

(xiii) Other matters.

Article 15. The Government of the people of the region shall make requests for housing compensation programmes and, on the basis of public opinion, be published in a timely manner within the scope of the house.

Upon publication of the compensation programme for the alterations in the old urban area, more than 50 per cent of the expropriation programme was considered to be incompatible with the National Land Collection and Compensation Regulations and the scheme, and the Government of the People of the Region should organize hearings with public representatives, representatives of the collector and the humans, members of the Government, lawyers and revise the programme in accordance with the hearings.

Article 16 provides that the housing leakage shall be based on the cost measurement of the house carried out within 7 days of the investigation of the results of the registration and modification, and will report the results to the management of the city's house collection, and that the municipal housing collection authority shall submit a review within 5 days to include the cost of land supply after the approval of the Government. The results of the calculation of non-residential housing costs should be subject to auditing.

Article 17 provides for compensation costs, mainly for money compensation and for property transfer.

Prior to the decision on house collection, the Government of the People of the Region shall be able to bring funds for monetary compensation and their subsidies, incentives, etc. to financial institutions in full, with exclusive storage, specialization.

The housing-covering sector and financial institutions should establish regulatory agreements for the use of compensation funds, and the auditing sector should conduct a full-scale tracking audit of the funds collected by the home.

Article 18 - Visits by the People's Government of the Region, house collection, etc., provide for a social stabilization risk assessment within the time period of publication of the compensation programme; decisions on house collection involve more than 50 persons who have been collected should be discussed by the Standing Committee of the People of the Region.

The decisions taken by the people's Government in Article 19 shall be communicated within the scope of the present stream and the house. The decision-making announcements on house collection should contain matters such as the name of the project, the payment of compensation programmes, the limitation of conduct, the place of on-site reception, the means of contact, the methods of monitoring the reporting, administrative review and administrative litigation rights.

The housing leprosy sector should report on decisions, compensation programmes and risk assessment reports on the collection of houses within three days from the date of the decision.

Chapter III Compensation

Article 20 provides for units and individual homes, which shall be compensated by law to preserve the legitimate rights and interests of the licensee, and the collection of personal homes shall guarantee the living conditions of the person charged.

The manner in which reparations are collected includes monetary compensation and property transfers.

The compensation of the person charged includes:

(i) The value of the house collected;

(ii) Removal and temporary settlement costs resulting from the collection of homes;

(iii) Lossss caused by theft of homes.

Article 21, when the property transfer is delivered, should be in accordance with national quality safety standards and with clear and non-rightal disputes.

As a result of the releasing of individual homes in the old urban area, the licensee chooses to relocate home titles in the releasing paragraph, the housing-covering sector should provide a replanatory paragraph or a general commodity house for the nearest paragraph.

The above paragraph refers to the location within the scope of the project's use; in the nearest paragraph, to the same area adjacent to the area covered by the project.

The value of the house collected and used for the transfer of property shall be determined by the assessment of the property price assessment body with corresponding qualifications. At the time of the assessment, the date of the decision-making announcement for the house was taken.

Article 23. The municipal housing sector shall publish a directory of the property price assessment body with corresponding qualifications each year.

An assessment of the value of the house shall be carried out by the licensee to select a real estate price assessment body with a corresponding qualifications. After the determination of the scope of the royalties by the Government of the District, when the house was registered in a survey of the licensed house, it was important to organize the consultation of the licensee to select the real estate price assessment body with the corresponding qualifications; to consult the house-covered sector organizations to vote in accordance with the principle of a small majority or to take random determination. The selected results of the assessment body were presented in the housing compensation programme.

The housing leprosy sector should apply to the location's public accreditation body to conduct public certificates for the licensee.

The real estate price assessment body should independently, objectively and impartially carry out the assessment of house collection, without interference by any unit or person.

Article 24 quarantor or house-covering units shall apply for a review of the assessment results within 10 days of the date of receipt of the assessment report, and the real estate price assessment body shall review the assessment results within 10 days of receipt of the written review assessment application.

The results of the review of the real estate price assessment body by the licensee or the home-covered sector should be validated from 10 days from the date of receipt of the review and from the date of receipt of the review, and the Committee of Experts on Real estate Price Assessment shall have written advice within 10 days from the date of receipt of the application.

Article 25. Reimbursement of the value of the house collected shall not be lower than the market price of the property of the house on the date of the decision-making notice. The value of the house collected is determined by the licensed real estate price assessment body in accordance with the assessment of the scheme.

The purpose of this approach refers to the voluntary transaction of the licensed land-use rights in the context of the regular transaction by the parties familiar with the situation in the assessment point in a fair manner, but does not consider the impact of the leasing, mortgage, sealing, etc. of the house.

Article 26 People's Government shall grant assistance and incentives to the licensee in accordance with the relevant provisions of the Government of the city.

Specific provisions for the collection of benefits and incentives are implemented by the municipal planning authorities following the approval of the Government.

Article 27 has been charged with the option of relocating housing property and, in the interim period of transition, the housing-covered sector pays temporary settlement fees on a quarterly basis. More than the transitional period, temporary relocation costs have doubled since late. The transition period has been calculated since the date of the award agreement.

Article 28 imposes public housing rented at the Government's guidance price, and the occupants of the house shall be compensated as a licensor after the house's property rights units perform the purchase of property.

Withholding house houses within the scope of the collection, the municipal housing administration authorities shall perform the property receipt procedure under the relevant provisions, and the public-owned tenants shall be compensated for the purchase of property rights as a collateral.

Publicly, tenants have no capacity to carry out their property purchases, and the sector responds to housing property rights units, with housing property rights units having rented homes for public rentals.

Article 29, where the licensee chooses to redeploy the property rights of the house, the house collection sector and the licensee shall be charged with the value of the house and the value of the property transfer.

Article 33 imposes on military facilities, churches, temples, monuments or mortgages, in accordance with the relevant laws, regulations.

Article 31 states that the house-covered sector shall enter into a compensation agreement with the licensee and make it public.

The compensation agreement shall include matters such as compensation, compensation and payment period, place and area for property transfer, relocation costs, temporary accommodation or swinghouse, suspension of work, relocation period, transition and transition period, and default liability.

Article 32 does not reach a compensation agreement or the houseowner's ownership within the time frame established by the scheme for the payment of compensation, which shall be reported to the people of the area within three days after the expiry of the time of the signing of the contract.

Article 33 imposes on the home for compensation and subsequent relocation. The housing-covering sector should pay relocation fees to the licensee.

Upon the compensation of the licensee by the house, the requisitioner shall complete the relocation within the period determined by the agreement or the compensation agreement. In accordance with the Compensation Agreement or the Compensation Commission, the People's Government shall determine the delivery obligations of the property transferee.

Article 34 quaranters complete the contract and relocate within the time frame established by the compensation programme, and the housing levy shall be rewarded in accordance with the provisions of the compensation programme.

Article XV, who had been released from the date of receipt of the compensation decision, had not applied for administrative review or for administrative proceedings within a statutory period of time and had not been relocated within the time period provided for in the compensation decision, and the Government of the people of the region should send the licensee to carry out the relocation obligation. After 10 days of a reminder, the licensor had not fulfilled the relocation obligation, and the people of the region should apply immediately to the enforcement of the People's Court in accordance with the law of law. The People's Court ruled that the execution was granted, and that the Government of the District was organized in accordance with the ruling.

The Government of the people of the region shall apply for enforcement to the People's Court and shall provide the following materials:

(i) The application for enforcement is accompanied by material such as the amount of compensation and the registrar, the place and area of the property transfer and the swing house;

(ii) Removal decisions and related evidence and the normative documents on which they are based;

(iii) Reimbursement decisions to send vouchers, reminders and opinions from the owner, the direct stakeholder;

(iv) Social stabilization risk assessment material;

(v) To apply for the enforcement of the housing situation;

(vi) The name or name of the applicant, the place of residence and the specific circumstances relating to the enforcement of the property;

(vii) Other material to be submitted by law, administrative regulations.

No units or individuals may be subjected to violence, threats or violations of the provision for the interruption of water supply, heating, gas, electricity and road traffic, and forced evictions of the licensee.

When a compensation agreement is signed, the licensee shall be given to the delivery of the house, such as a certificate of residence or a State-provided home use certificate and a land-use certificate. The house-covering sector should take over 30 days after all house demolitions in the area, with decisions, payment agreements or compensation decisions, and write-offs by the property, land registration agencies.

The administration should refund the balance of funds earmarked for maintenance to the collector on the basis of the user's application.

Article 33 Eighteen persons who have been charged with a compensation agreement or a compensation decision shall be taken to the public security, postal, telecommunications, utilities, education or units for the relocation of their families, telephone relocation, suspension of water, heating, suspension, electricity and conversion, and the relevant departments or units shall be governed by the relevant provisions.

The home-covered sector should be established by law to collect compensation files and to make sub-family compensation available to the licensee within the scope of the house.

The auditing authority should enhance oversight of the management and use of compensation charges and make the audit findings available within the scope of the house.

Chapter IV Legal responsibility

Article 40. The house-covered sector and associated staff are not performing their duties in the collection and compensation of homes, or abuse of their functions, omissions, provocative fraud, causing loss to be borne by law; liability for the direct responsible and other direct responsibilities is granted by law by the superior authority or the inspectorate; criminal liability is vested in law.

Article 40 imposes an unlawful manner, such as violence, threat or violation of the provision for the interruption of water supply, heating, heating, electricity and road traffic, for the purpose of releasing the licensee, causing loss to be liable under the law, for the direct responsible and other direct responsible personnel, to be criminally criminalized by the law, for which no crime is committed, to be disposed of in accordance with the law, and for the enforcement of the law.

Article 42 means, such as violence, threats, impeding the collection and compensation of homes under the law, which constitutes a violation of the management of the security sector, which is punishable by law by the public security authorities, and constitutes a criminal offence by law.

Chapter V

Article 43

Article 44 In June 2011, the Government of the People's Government of Japan lobsters and Reimbursement for Households in National Lands (No. 159 of the Municipal Government Order). The project before the application of the scheme and the projects that have been legally granted permission for house demolitions continue to follow the original provisions.