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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399285.shtml

Ningxia Hui autonomous region, implementing the regulation on State-owned housing on land expropriation and compensation measures

    (December 2013 1 6th autonomous regional people's Government at the 16th Executive Board meeting December 17, 2013, people's Government of Ningxia Hui autonomous region, the 62nd release come into force February 1, 2014) Chapter I General provisions

    The first State-owned housing on land expropriation and compensation in order to regulate the activities, safeguarding public interests, protect the lawful rights and interests of expropriated houses one of the owners, according to the State-owned housing on land expropriation and Compensation Ordinance (hereinafter referred to as the regulations), these measures are formulated.

    Second approach applies to the autonomous region within the administrative area of State-owned land on the housing expropriation and compensation activities.

Article city and county people's Government responsible for the administration of the housing levy and compensation work.

Homes sectors identified in city and county level Governments (hereinafter referred to as is imposed by the housing sector) organize the implementation of the Administration's housing expropriation and compensation work.

    City and County financial, land and resources, development and reform, public security, industry and commerce, and other relevant departments, in their respective areas of responsibility within the housing related work of the expropriation and compensation. Fourth housing sector may entrust the housing levy is imposed by implementation units, load of House of expropriation and compensation work.

Performed by units of housing must not be for profit-making purposes.

    Performed by units of housing shall have the housing levy and compensation of adaptive technology and equipment conditions; housing expropriation and compensation shall undergo homes for staff working with sector organizations about legal knowledge, business knowledge of the training and examination, certified. Fifth article of any organizations and individuals in violation of the Ordinance and these rules of behavior, have the right to inform the relevant people's Government, is imposed by the Housing Department and other relevant departments.

Receiving the report is imposed by the relevant people's Government, the Housing Department and other departments concerned shall promptly verify reported, treatment.

    Supervisory organs should strengthen their participation in the expropriation and compensation for housing government and monitored by the relevant department or unit and its staff.

    Chapter II impose decisions

    Sixth of municipal and County homes decision shall comply with the regulations under article eighth.

Seventh of municipal and county people's Governments shall organize the relevant departments, according to the national economic and social development planning, land use planning, urban and rural housing levy annual plans.

Should impose an annual plan for public housing community, and adjustments and modifications according to request for comments, after approved by the Government to the public in a timely manner.

    Impose an annual level people's Government on the plans shall be submitted to the Housing Authority for housing is imposed by the Department. Eighth is imposed by the housing sector should be within the scope of housing housing location, ownership, usage, structure, area, such as making an inventory, to be expropriated shall cooperate.

    Survey results should be announced within a housing tax.

Nineth housing levy is imposed by the sector according to the survey prepared compensation package, and the city and County.

Expropriation and compensation scheme should include the following:

(A) the levy Foundation and collection purposes;

(B) the Housing Authority collection departments and delegates performed by units of housing;

(C) tax and collection period;

(D) the collection of housing type and floor area measures;

(E) compensation methods, content, standards and calculation methods, compensation payment term, manner;

(Vi) for location, size, purchase of property rights exchange houses approach working with basic information;

(G) transition and transitional period;

(H) grants and incentives, standards;

    (IX) other matters should be included in the compensation scheme. Tenth of municipal and county people's Governments shall organize the relevant departments to demonstrate the expropriation and compensation programmes and be published for public comment. Comment period shall not be less than 30th.

    When seeking public comment, request, feedback form and the time limit should be be made public.

11th city and county-level Governments should be consulted and modified according to public comments, published in the comments after the 10th.

    Old town is imposed by the need for housing, is levied within the housing more than half of the expropriated households that expropriation and compensation programme is inconsistent with the Ordinance and these rules, the city and County are levied should be organized by who and representatives of the public hearings, and based on the hearing to amend the proposal.

12th is imposed by the city and County to make housing decisions, is imposed by the housing sector should be addressed through sample surveys, focus visits, tracking public opinion organization of social stability risk assessment, city and county level governments decided.

Social stability risk assessment includes:

(A) housing projects into the housing levy is imposed by the annual plan;

(B) performed by units of housing;

(C) the expropriation and compensation programme for public comment;

(D) the compensation standard is fair and reasonable;

(E) compensation fund, the working capital in place;

(Vi) disseminate and explain and guide public opinion;

(G) the emergency response plan for dealing with mass incidents.

Risk assessment for social stability, are levied should be invited delegates and deputies, CPPCC members, lawyers and others to participate in, solicit opinions extensively.

    Without social stability risk assessment, is imposed by the city and County shall not make housing decisions on assessed that there is a significant risk of social stability, should suspend collection.

    13th House expropriation decision of imposing the larger number of people, should be discussed by the Executive meeting of the Government decision.

14th of municipal and County homes should be made after the decision announced in the 5th, and publicity on the Government Web site.

House acquisition decision notice shall set forth the following:

(A) housing compensation program;

(B) solicit and accept public comment;

(C) monitoring reports;

(D) the term of administrative reconsideration and administrative litigation and administrative body for reconsideration, the jurisdiction of the Court.

    Housing is imposed by law, State-owned land at the same time to recover.

15th housing levy's decision to announce the release date, no unit or individual shall, within the scope housing the following acts:

(A) the new, expanded and reconstructed houses;

(B) change in housing;

(C) transfer, lease and mortgage housing;

(D) the housing registration addresses for market players to be imposed on registration of establishment, domicile (site) registration;

(E) other improper compensation costs. Homes Department matters listed in the preceding paragraph, notify the authorities suspending the relevant formalities. Suspending the relevant formalities written notice shall include the period of suspension.

    Period of suspension shall not exceed 1 year.

    Chapter III compensation

    Article 16th House acquisition decisions, expropriation and compensation costs should be fully in place, account stores, earmarking.

House acquisition decisions of the 17th city and county compensation for expropriated persons include:

(A) the value of expropriated homes compensation;

(B) the result of imposed housing relocation, temporary rehousing compensation;

(C) suspend due to imposed housing to compensate the damage.

    Is imposed by the people's Governments shall formulate relocation subsidies and incentives, grants and awards given to be expropriated.

18th individual residential tax, be expropriated in accordance with housing conditions, without waiting, up to the homes of city and county governments to give priority to housing security. Building area of less than 50 square meters of expropriated homes should provide a gross floor area of not less than 50 square metres, complete sets of houses.

Parts up to 50 square meters, were imposed no longer settlement price; over 50 square meters less than 60 square meters of parts at cost prices; part over 60 square meters, according to housing market prices to buy.

    City and county people's Government shall, in accordance with economic and social development in the region, timely adjustment of housing area and cost price listed in the preceding paragraph space, improve the level of protection.

    Housing 19th to be imposed on the value of compensation shall not be lower than the levy imposed on the date of announcement of housing housing market prices of similar real estate.

Article 20th compensation for moving expenses, temporary relocation costs in accordance with city and County regulations.

    Temporary housing exceeds the specified or agreed period of the transition, part time temporary relocation in the double gauge.

21st housing within the scope and in accordance with the following conditions, suspend compensation shall be given:

(A) with house ownership certificates or be recognized as legitimate by law architecture;

(B) the Housing Authority property for business use;

(Iii) legal and effective business license, and indicated a place of business in the business license for the expropriated houses;

(D) the collection of housing caused loss of suspend. Within the scope of the property for residential, but has obtained a business license for operation of the Housing Authority, city and county level governments based on their operating conditions, age and tax fact reference operating with appropriate compensation.

    Compensation of specific measures formulated by the city and county level Governments.

22nd suspend compensation for losses, are levied in accordance with the proportion of 7 per thousand of assessed value times the suspend period (months).

    Choose monetary compensation of expropriated people, to suspend compensation of 3 months at once; select property rights Exchange, suspend the losses made by the monthly, until date of rehousing.

23rd housing with mortgage was levied, imposed on people (the mortgagor) should be linked to the mortgagee a mortgage and secured debt consultation.

To be expropriated (mortgagor) and mortgagee on the lifting of the housing mortgage agreement and collateral Registration Department for the registration of discharge procedures, is imposed by the housing sector should give compensation to be expropriated.
No consultations or consultations does not lift the housing mortgage agreement, the housing sector to be expropriated is imposed by monetary compensation, compensation should be put in escrow to the notary in accordance with the law; to be expropriated persons property rights Exchange, mortgagee of mortgaged property rights Exchange housing sector change registration of the mortgage.

    24th is imposed by the city and County to make housing decisions, shall organize the relevant departments within the legal scope of registered building investigation, identification and processing.

    Identified as legitimate buildings and does not exceed the limit for temporary buildings should be given compensation; identified as illegal construction and in excess of the approved duration of temporary buildings, without compensation.

25th is imposed by the housing sector to be expropriated in the expropriation and compensation programme within the contracted term no compensation agreements, or be subject to ownership are not clear, collected by the Housing Department reported to the housing decision is imposed by city and county people's Government in accordance with the expropriation and compensation scheme compensation decisions, and within homes shall be published.

Compensation decisions should be fair, including compensation, the amount of compensation and the payment terms, locations and areas, removal of property rights exchange houses fees, temporary relocation costs or working capital use, suspend losses, such as relocation, transition and the transitional period.

    To be expropriated for compensation not satisfied with the decision, can apply for administrative review, or you can file an administrative lawsuit in accordance with law.

Article 26th homes should first compensation, then removal.

City and county governments to be expropriated to give compensation, be expropriated in the compensation agreement or compensation decision of moving to complete the relocation within the time limit. No unit or individual may resort 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.

    Prohibits the employer from engaging in relocation activities.

27th to be expropriated within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, within the time provided in the decision to move, up to the homes of city and county people's Court according to law enforcement.

    Application for enforcement should be attached to compensation and segregated storage account, housing and property rights exchange turnover with the location, area and other materials.

    The fourth chapter real estate appraisal

28th was collection of housing and property rights exchange value, by a qualified real estate prices assessment agencies in accordance with the relevant provisions of the assessment.

    Real estate appraisal institutions should be independent, objective, fair housing levy assessment work, real estate administrative departments should strengthen the management and supervision of real estate prices assessment agencies. Article 29th real estate appraisal institutions selected by the expropriated persons.

Real estate appraisal institutions selected programs:

(A) the levy is imposed by the Department to the public housing assessment information;

(B) the real estate appraisal institutions within 15th since the collection of evaluation information as of the date of registration;

(C) is imposed by the Housing Department to review the registration of real estate appraisal institutions, to meet the published qualifications in accordance with the order of registration agency name, basic information and credit information;

(D) is imposed by the Housing Department should consult at least 5th selected assessing body time, place, procedure related matters such as informed to be expropriated;

(E) to be expropriated shall consult as required, over 50% to be expropriated chosen assessment agency real estate appraisal institutions selected for the project;

(Vi) consultations to be expropriated does not agree, collected by the housing sector organization be subject to voting, are levied over 50% people choose the same real estate appraisal institutions, according to consensus decision; do not form a majority, lottery, lottery and other randomly selected;

(G) housing levy, announced to be expropriated real estate appraisal institutions selected.

    In accordance with paragraph (e), (f) provides the process and results of selected real estate appraisal institutions shall be subject to the notary notarized in accordance with law.

30th real estate appraisal institutions when selected, collected by the Housing Department as a client, Attorney for real estate price assessment issued by the Housing Authority to levy assessments, and housing levy assessment contract signed with them.

    Real estate appraisal Agency shall not transfer or transfer agent in disguise homes business.

31st to be expropriated or homes Department disagrees with the results of the assessment shall be from the date of receipt of the assessment report in the 10th, to the original real estate appraisal institutions review assessment in writing. Real estate appraisal Agency shall from the date of receipt of the review to assess the written application to review the findings in the 10th.

    After a review, changed the original assessment, assessment reports issued by the new assessment results have not changed, it shall inform the review assessed the applicant.

    Articles 32nd to be expropriated or is imposed by the Housing Department disagrees with the results of review of real estate appraisal institutions shall, from the date of receipt of the review results in the 10th, leased premises to be imposed on the real estate appraisal Expert Committee for identification. Article 33rd homes assessment, appraisal fees collected by the Housing Department. Identification to change the original assessments, identification of costs borne by the original evaluation authority.

Review assessment fee shall be borne by the original evaluation agencies.

    Homes assessment, appraisal cost implement fees under the price Department of the autonomous region.

    The fifth chapter legal liability

34th city and county governments in violation of the regulations, any of the following circumstances, by the higher people's Governments shall be ordered to correct, criticized in serious cases, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) is not published or not published in accordance with the provisions of the housing programme of expropriation and compensation;

(B) is not published or not published for public comment in accordance with regulations and according to the public opinion changes;

(C) the hearing shall be held without hearings;

(D) House expropriation decision without social stability risk assessments, risk assessment there are significant risks to social stability or direct introduction of the project;

(E) House acquisition decisions, compensation service of the notice or content, form, time does not meet the requirements of this approach;

    (F) other acts of abuse of power, negligence, malpractice.

35th House collection of departments and their staff in violation of the provisions, any of the following circumstances, the people's Governments at the corresponding level, or the supervisory organ shall be ordered to correct serious cases, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) of reported violations are not verified, processed in a timely manner;

(B) not in accordance with the regulations on housing survey results released;

(C) direct specify or organizations selected real estate appraisal institutions not according to stipulations;

(D) the delegate does not have the conditions of unit housing compensation, or performed by units of housing to delegate oversight;

    (E) other acts of abuse of power, negligence, malpractice.

    36th 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.

    37th violence, threats and other methods to prevent the law of expropriation and compensation for housing, which constitutes a crime, criminal responsibility shall be investigated according to law; activities contravening public security management, shall be subject to administrative penalties for public security. 38th article corruption, and misappropriated, and privately, and interception, and arrears levy compensation costs of, ordered corrected, recovered about payments, deadline returned illegal proceeds, on about responsibility units informed criticism, and give warning; 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; investigation of corruption, and misappropriated, and privately, and interception, and

    Levying compensation fees in arrears and the results should be announced within a scope.

    39th article real estate price assessment institutions or real estate valuation Division issued false or has major errors of assessment report of, by sent card organ ordered deadline corrected, give warning, on real estate price assessment institutions and at 50,000 yuan above 200,000 yuan following fine, on real estate valuation Division and at 10,000 yuan above 30,000 yuan following fine, and remember into credit archives; plot serious of, revoked qualification certificate, and registered certificate; caused loss of, law bear compensation responsibility; constitute crime of, law held criminal.

    The sixth chapter supplementary articles

40th of municipal and county people's Governments shall, in accordance with economic and social development in the region, adjust compensation standards.

    City and county-level Governments set compensation standards lower than these measures, implementation of the regulations above these rules, implementation of expropriation and compensation provisions. 41st these measures come into force February 1, 2014.