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Ningxia Hui Autonomous Region, Implementing The Regulation On State-Owned Housing On Land Expropriation And Compensation Measures

Original Language Title: 宁夏回族自治区实施《国有土地上房屋征收与补偿条例》办法

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Modalities for the implementation of State-owned land collection and compensation regulations in the Nin summer self-government area

(The 16th Standing Committee of the People's Government of the Autonomous Region, 1 6 December 2013, discussed the adoption of Decree No. 62 of 17 December 2013 on the People's Government Order No. 62, No. 62, No. 62, dated 1 February 2014.

Chapter I General

Article 1 establishes this approach in accordance with the State Department's National Land Taxation and Compensation Regulations (hereinafter referred to as the Regulations), in order to regulate the collection and compensation activities of State-owned land, preserve public interest, guarantee the legitimate rights and interests of the licensee of the owner.

Article 2, this approach applies to State-owned land collection and compensation activities within the administrative area of self-government.

Article 3

The house-covered sector, established by the city, district-level people's Government (hereinafter referred to as the house-covering sector), organizes the collection and compensation of homes in this administrative area.

The relevant sectors such as the city, the district-level people's finance, land resources, development reform, public safety, business and business are charged and compensated for their homes within their respective responsibilities.

Article IV. The house-covered sector can commission the units of the house and assume specific work on house collection and compensation. The house-covered implementation units shall not be used for profit.

The implementation units should have technical and equipment to be adapted to the implementation of homes, and the personnel involved in house collection and compensation work should be accredited to the training examination on legal knowledge, business knowledge organized by the house.

Article 5 Any organization and person who violates the provisions of the Regulations and this approach have the right to report to the relevant people's Government, the housing-covering sector and other relevant sectors. Reports should be verified and processed in a timely manner by the Government of the People, the house-covering sector and other relevant departments.

The inspectorate shall strengthen the monitoring of the Government and the relevant departments or units involved in the collection and compensation process.

Chapter II

Article 6

Article 7. Governments of the urban, district-level people should organize relevant departments to develop annual plans for house collection based on national economic and social development planning, land-use master planning, rural and urban planning.

The annual plan for house collection should be openly consulted and adjusted and modified in accordance with the request, which is made available to society in a timely manner after the adoption of the Government.

The annual plan for house collection should be presented to the top-level people's home for theft.

Article 8. The house-covering sector should conduct a survey of the number of places, rights, use, structure, construction areas, etc. in which the house is charged, and the person should cooperate. The results should be published within the scope of the house.

Article 9. The housing levy sector has developed a compensation programme based on the registration of the survey, which is reported to the Government of the urban, district-level people.

The compensation programme should include the following:

(i) Constraints and purposes;

(ii) Expropriation of the house and its mandated housing units;

(iii) Scope and duration of collection;

(iv) Identification of the types of homes and the area of construction;

(v) Modalities, content, criteria and methods of calculation of compensation payments;

(vi) The location, area, selection method for the transfer of houses for property rights; basic conditions for swing houses;

(vii) Transitional and transition periods;

(viii) Grants and incentives, standards;

(ix) Other matters that should be included in the compensation programme.

Article 10 Governments of the urban, district-level people should organize and make public observations on the collection of compensation programmes. The period of consultation shall not be less than 30 days. In seeking public advice, it should be made available in a manner that would seek, feedback and time.

Article 11. Governments of the urban, district-level people should make requests and changes based on public opinion available within 10 days of the end of the request.

As a result of the need for house releasing in the old urban area, more than half of the ductees within the scope of the house were deemed to be incompatible with the provisions of the Regulations and the scheme, the municipal, district-level people's governments should organize hearings with the distributors and public representatives and modify the programme in accordance with the hearings.

Prior to the decision of the municipal, district-level people's Government to make house collections, the housing sector should organize a social stabilization risk assessment, including through sampling surveys, focus visits, call-ups, and studies of the Government of the communes.

Key elements of a social stabilization risk assessment include:

(i) The inclusion of housing-covered projects in the annual plan for house collection;

(ii) Expropriation of implementation units in the home;

(iii) Public information on compensation programmes;

(iv) A fair and reasonableness of the standard of compensation;

(v) The collection of compensation funds and the availability of swing houses;

(vi) Advocacy of interpretation and public opinion orientation;

(vii) Removal of community-based emergencies.

In carrying out a socio-sistance risk assessment, a wide range of views should be invited to the representatives of the collector, representatives of the human person, members of the political union and lawyers.

Without a socio-sistance risk assessment, the municipalities, district-level people's governments are not allowed to make decisions on house collection; the assessment of the risk of significant social stability should be suspended.

The decision on house collection relates to the number of persons charged and should be taken up by the Standing Government Conference.

Article 14. Governments of the urban, district-level people shall issue a notice within 5 days of the decision on house collection and make a presentation on the Government's website.

The decision-making announcement should contain the following:

(i) Reimbursement programmes for homes;

(ii) To seek and adopt public opinion;

(iii) Oversight of reporting methods;

(iv) Administrative review, administrative proceedings and administrative review bodies, jurisdictional courts.

The home was levied by law and the State's right to land was recovered simultaneously.

Article 15. No unit or individual shall carry out the following acts within the scope of the house's collection from the date of the issuance of the decision-making announcement:

(i) Construction, expansion and alteration of homes;

(ii) Changes in house use;

(iii) Transfer, lease and mortgage homes;

(iv) The registration and alteration of residence (operational sites) by the subject of a registered house;

(v) Other inappropriate increases in compensation costs.

The housing levy sector shall notify the relevant authorities of the suspension of the proceedings in writing of the matters listed in the previous paragraph. A written notice of the suspension of the proceedings shall contain a period of time. The duration of the suspension shall not exceed one year.

Chapter III Compensation

The cost of compensation should be fully put in place, with exclusive storage and specialization prior to the decision on house collection.

Article 17

(i) Removal of the value of the house;

(ii) Reimbursement for the relocation and temporary settlement resulting from the collection of homes;

(iii) Reimbursement for the loss of the lifetime industry resulting from the collection of homes.

The Government should establish a relocation grant and incentives to grant benefits and incentives to the licensee.

Article 18 imposes personal residences, which are subject to the housing security conditions, without the need for rotation, and is given priority to housing security by the municipal and district-level people's governments that have taken decisions on housing.

The area of the charging house is less than 50 square meters, and the building area should be provided without less than 50 square meters. In part, 50 square meters will no longer solve the difference; more than 50 square metimetre less than 60 square meters were purchased at cost; more than 60 square meters were purchased in accordance with the market price of the house.

The municipalities, district-level people's governments should adapt in a timely manner the area of housing security and the cost of buying the area set out in the previous paragraph in order to increase the level of security.

Article 19 compensation for the value of the house collected shall not be lower than the market price for the property of the house on the date of the decision-making notice.

Article 20 Removal fees and compensation for temporary settlement charges are carried out in accordance with the relevant provisions of the municipal, district-level Government.

The interim settlement period exceeds the prescribed or agreed time frame, with a number of additional time periods.

Article 21 quantifies the loss of the lifetime industry at the same time as the following conditions:

(i) The right to housing is certified or determined by law as lawful buildings;

(ii) The nature of housing property rights as operating properties;

(iii) The operators hold legitimate and effective licences for business and the place of business as indicated in the licence of the operation is charged with the house;

(iv) Lossss caused by theft of homes.

With respect to the nature of the property leasing within the scope, a licence of business has been obtained by law for the operation of the house, and the Government of the city, the district-level people may provide appropriate compensation in accordance with the actual circumstances of the operation, the length of operation and the tax. The specific approach to compensation is developed by the municipal, district-level Government.

Article 22 Compensation for loss of life is calculated by the proportion of the estimated value of the house assessment of 7 per 1,000 live births (monthly period).

The licensee opted for monetary compensation for a period of three months for loss of life; for the choice of home property transfers, for loss of life by month of service until the date on which the house was granted.

Article 23 of the right to mortgage was collected and the collateral (collateral) should be consulted with the collaterale on the mortgage and its secured claims.

The collateral (collateral) agreement with the collateral owner on the lifting of the right to house mortgage and has been taken into account in the mortgage registration sector, which should pay compensation to the licensee.

Without consultation or consultation, no agreement was reached on the removal of the right to home mortgages, the housing levy sector had imposed monetary compensation for the licensee, and compensation should be made available to the public accreditation body in accordance with the law; and the transfer of property rights to the licensee allowed the collateraler to proceed with the registration process.

Article 24, Prior to the decision of the municipal, district-level people's Government to impose a house, the authorities concerned should organize the investigation, identification and treatment of unregistered buildings under the law. Reimbursement should be made to the temporary buildings that are determined to be legitimate and have not exceeded the time period of ratification; no compensation shall be paid for the determination of temporary buildings that are in breach of the law and exceed the authorized period.

Article 25. The housing levy sector does not meet the compensation agreement within the time frame established by the scheme for the collection of compensation, or is unambiguous by the owner of the house, which is reported by the house to make a decision on house collection, and by the Government of the district-level population, in accordance with the compensation programme and in the area of house collection.

Reimbursement decisions should be fair, including compensation, compensation and payment period, place and area for property transfer, relocation costs, temporary settlement fees or swinghouses, loss of life, relocation period, transition modalities and transition periods.

The author's decision on compensation may apply for administrative review in accordance with the law or for administrative proceedings under the law.

Article 26 imposes on homes that should be compensated and moved.

Upon compensation from the Government of the urban, district-level people to the licensee, the licensee shall complete the relocation within the time period determined by the agreement or the compensation decision.

Any unit or person may not be subjected to violence, threats or violations of the provisions for the interruption of water supply, heating, heating, electricity and road traffic, and forced evictions of the person. Construction units are prohibited from engaging in relocation activities.

Article 27, where the licensee does not apply for administrative review or for administrative proceedings within the statutory period, is not relocated within the time period specified in the compensation decision and is governed by the law by the municipal, district-level people's governments that make decisions on the house.

The application for enforcement should be accompanied by compensatory amounts and registrars's stores, the place of property transfer and swinghouses, and the area.

Chapter IV Real estate price assessment

The value of the house collected and used for the transfer of property is assessed by the property price assessment body with corresponding qualifications.

The real estate price assessment body should carry out an independent, objective and impartial assessment of house collection, and the real estate management should enhance the management and oversight of the real estate price assessment body.

Article 29, the real estate price assessment body was selected by the licensee for consultation. Selected procedures for real estate price assessment bodies:

(i) The collection of assessment information to the community by the house;

(ii) In-household of 15 days from the date of the release of the assessment information;

(iii) A review by the housing levying sector of the reported real estate price assessment body and the publication of the name, basic information and credit in accordance with the reporting order;

(iv) The home-covering sector should communicate to the requisitioner at least 5 days in advance the consultation of the time, location, procedures, etc. of the selected assessment body;

(v) The licensee shall participate in consultations, with an assessment body of more than 50 per cent of the licensed owner's choice for the project;

(vi) The unanimous consultations of the disappearers, which were voted by the house-covered sector organizations, and more than 50 per cent of the licensee opted for the same real estate price assessment body, with the majority's opinions; and in the form of a cradle, drawing lot;

(vii) The housing levy sector publishes the licensed real estate price assessment body.

The process and results of the selection of real estate price assessment bodies in accordance with the provisions of subparagraphs (v), (vi) should be certified by the public accreditation body in accordance with the law.

Article 33, after the selection of the real estate price assessment body, the house-covered sector, as a custodian, provides a home-based assessment letter to the real estate price assessment body and contracts with its construction assessment.

The real estate price assessment body shall not transfer or transfer the licensed home-based assessment operation.

The assessment results should be contested by the collector or the house, and the written application for the review of the assessment shall be submitted to the original real estate price assessment body within 10 days of the receipt of the assessment report.

The real estate price assessment body shall review the assessment results within 10 days of the date of receipt of the written application for the review. After the review, changes in the results of the assessment should be replicated; the assessment was not changed and the review assessment applicant should be informed in writing.

Article III, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women and of the Convention on the Elimination of All Forms of Discrimination against Women.

Article 33 Assessments of house collection, identification costs are borne by the house-covered sectors. The identification of changes to the results of the original assessment was borne by the original assessment body. The cost of the review is borne by the original assessment body.

Household assessment, identification of costs for the implementation of the fees set by the Authority's price authorities.

Chapter V Legal responsibility

In violation of this approach, the commune, district-level people's governments have one of the following cases, which are being rectified by the Government of the High-level People's Government, to inform criticism; in the event of serious, the law is given to the competent and other direct responsible persons directly responsible:

(i) Unpublished or not issued a compensation programme for the house;

(ii) Unpublish or do not make public requests for comments and changes based on public opinion, as required;

(iii) The holding of hearings without the holding of hearings;

(iv) Failure to make a decision on house collection by a social stabilization risk assessment or the direct application of projects that have a significant risk of social stability risk assessment;

(v) The provision, form and time of a decision, a notice of the compensation decision or the content, form and time not in accordance with the requirements of the scheme;

(vi) There are other abuses of authority, omissions and provocative fraud.

Article XV of the housing leprosy sector and its staff violate the provisions of this approach, which are one of the following cases, is being rectified by the responsibility of the Government of the current people or the inspectorate; in serious circumstances, the legal disposition of the directly responsible supervisors and other direct responsibilities; and the criminal liability of the law:

(i) No timely verification and treatment of reported offences;

(ii) The publication of the results of the housing survey in accordance with the provisions;

(iii) Direct designation or non-application of selected real estate price assessment institutions;

(iv) Authorize units that do not have the conditions to carry out work on housing charges or to monitor the incapacity of the implementing units that are entrusted to them;

(v) There are other abuses of authority, omissions, provocative fraud.

Article 36 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, by forceing the person's relocation, resulting in loss, by virtue of law, by imposing liability under the law; by committing a person directly responsible and other direct responsibilities, which constitutes a criminal responsibility under the law; by not constituting a crime, by law; and by providing penalties for the management of the law.

Article 37 means, inter alia, violence, threats, impeding the collection and compensation of houses under the law, constituting criminal responsibility under the law, and constituting violations of the management of the security sector, and punishing the security sector by law.

Article 338, corruption, misappropriation, separation, default and payment of compensation charges are correct, recovering the relevant payments, refunding the proceeds of the violation, notifying the responsible units of criticism, giving warning; causing loss to be liable by law; liability for the direct responsible and other direct responsible personnel, constituting criminal liability under the law; non-contribution of criminal responsibility; and default of an offence and lawful disposition of the proceeds of corruption, misappropriation, retention, payment of compensation and the release of the results.

Article 39 of the report of the real estate price assessment institution or of the valuation of the property, which is false or materially wrongly assessed by the licensee, retroduces the period of time, pays warnings, imposes on the real estate price assessment body and pays a fine of up to 200,000 dollars, fines for the valuation of the property and accounts for more than 30,000 dollars of the value of the property and credit file; in the case of serious, monetary certificates, registration certificates; damages resulting in legal liability; and criminal liability.

Annex VI

Article 40 Governments of the urban, district-level people should adjust their compensation standards in a timely manner, in accordance with the economic and social development situation in the region.

Reimbursement rates developed by the municipal, district-level people's governments are lower than those set out in this approach, implementing the provisions of the scheme; and implementing the levant compensation provisions.

Article 40