Xi ' An City, Houses On State-Owned Land Expropriation And Compensation Measures

Original Language Title: 西安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/201206/20120600369196.shtml

XI ' an city, houses on State-owned land expropriation and compensation measures

    (3rd of March 13, 2012 in XI ' an municipal executive meeting on March 29, 2012, Xian Municipal Government announced come into force on the date of promulgation, 97th) 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 land on the housing expropriation and Compensation Ordinance, and the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second article in the new urban area of the city, Beilin, lianhu district, Yanta district, weiyang district, baqiao district administrative structure within the State land, required in the public interest, and collection unit and individual houses, these measures shall apply.

Article city housing security, housing, and the Housing Authority are the Administrative Department for expropriation and compensation (hereinafter referred to as is imposed by the city authorities), their collection and Management Office in charge of the municipal housing municipal housing expropriation and compensation management.

Xincheng district, and Beilin, lianhu district, and district and the weiyang district, baqiao district people's Government, as well as the specific organization and implementation of the development zone management Committee of State-owned land within their respective jurisdictions on the housing levy and compensation work.

    City slum Management Office is responsible for implementation of this shanty town renovation project within the scope of the housing levy and compensation work.

    Article development and reform, land, building, planning, finance, public security, law enforcement and other municipal authorities and local people's Governments shall, in accordance with the regulations and the Division of responsibilities, cooperate with each other, ensuring smooth progress of House expropriation and compensation work.

    Fifth House expropriation and compensation shall abide by the decisions of democracy, the principle of due process and the results made public. Sixth article of any organizations or individuals for acts in violation of these rules, is entitled to, is imposed by the competent authorities, report to the regional people's Government.

    Receiving the report is imposed by the city authorities, district people's Government shall promptly verify and handle.

    Chapter II impose decisions

Seventh, in order to protect national security, promote national economic and social development needs of public interest, any of the following circumstances, it is imposed by the need to House, House acquisition decision by the municipal people's Government:

(A) the needs of defence and Foreign Affairs;

(B) the Organization and implementation by the Government of energy, transportation, water conservancy and other infrastructure needs;

(C) Government Organization and implementation of science and technology, education, culture, health, sports, environment and resources protection, disaster prevention and mitigation, conservation, social welfare, municipal public utilities needs;

(D) the construction of low-income housing projects carried out by organizations needs;

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

    (F) other public interest stipulated by laws and administrative regulations of the need.

Eighth House acquisition decisions are made, must have the following conditions:

(A) construction project document;

(B) the plan issued by the Department of construction land use planning permits or confirm the conditions of planning and design;

(C) land and resources departments of land-related documents;

(D) compensation scheme. 

    Low-income housing construction, old city reconstruction, should also be incorporated into the municipal and district annual plan for national economic and social development. Scope the Nineth district people's Government or the development zone management committee and related departments to deal with housing within the scope of ownership, location, purpose, area, making an inventory, to be expropriated shall cooperate. Findings should be made public to be expropriated within the scope.

    To be expropriated disagrees with the results of the survey, should investigate and verify in a timely manner.

    The tenth when the housing, housing ownership certificates, or land-use rights certificates of household compensation, public housing leases. After the 11th House tax determined shall not be administered throughout the homes new construction, expansion, renovation House and changing the housing acts of misconduct such as increased compensation costs; violations of the provisions, without compensation.

Municipal housing Office of the administration shall notify the relevant authorities suspending the following formalities:

(A) suspending the housing new construction, expansion, renovation and changes in housing and household procedures;

(B) suspending their business license formalities.

    Written notice shall include the period of suspension, the longest period of suspension shall not exceed 1 year.

Scope article 12th District people's Government or the development zone management committee and relevant departments should be charged under preliminary investigation, cost estimates, and so on, in accordance with this regulation to develop compensation programmes, submitted to the Municipal Office of housing administration. Tax area people's Government or the development zone management committee and relevant departments shall organize the relevant departments of the expropriation and compensation programmes to demonstrate, and published throughout the homes, for public comment.

    Comment period shall not be less than 30th.

Scope article 13th district people's Government or development zone management committee and relevant departments should be consulted promptly of any amendments and according to public comments public.

    Old town is imposed by the need for housing, most considered by levy is imposed by the compensation scheme does not comply with these rules, shall organize to be expropriated and the public hearing attended by representatives, and according to the hearing to amend the proposal.

Scope article 14th district people's Government or the development zone management committee and relevant departments in accordance with the relevant provisions of the social stability risk assessment is imposed by the assessment report submitted to the municipal housing management office and sign a stabilisation goal responsibility.

    Tax area people's Government or the development zone management committee and relevant departments for collection of compensation funds earmarked for implementation of property rights Exchange, should the implementation of property rights exchange listings.

    15th House acquisition decisions be expropriated a large number of, discussed by the Standing Committee of the municipal people's Government decision. 16th House expropriation decision shall be announced in time.

Notice shall set forth the compensation programme and administrative reconsideration and administrative litigation right and so on.

Is imposed by the municipal housing management offices respond to housing expropriation and compensation of personnel training in the knowledge of laws and regulations.

Area where the scope is imposed by the municipal housing management office, people's Government or the development zone management committee and relevant departments should do a housing advocacy, interpretation of expropriation and compensation.

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

    17th to be expropriated to House acquisition is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Chapter III compensation Scope article 18th area people's Government or the development zone management committee and relevant departments should organize the plan, land, construction and other sectors within the legal scope of registered building investigation, identification and processing.

    To determine legal construction should be given compensation does not exceed the limit of compensation for temporary buildings shall, according to their residual useful life; law construction and in excess of the approved duration of temporary buildings, without compensation. 19th collection of housing floor space, uses, subject to the certificate of house ownership records. 

    Imposed on house ownership certificates does not specify an area, purpose or area, use the controversial, tax area people's Government or the development zone management committee and relevant departments should organize the development, planning, land, construction and other related departments in accordance with the laws and regulations to investigate, identify and handle.

After the 20th House acquisition decisions, should be imposed on people to pay the following compensation:

(A) the value of expropriated homes compensation;

(B) compensation imposed resulting in relocation, temporary placement;

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

21st to be expropriated can choose monetary compensation, or you can choose housing property rights Exchange.

    Because the old city rebuilding individual residential tax, levy chose property rights Exchange, tax area people's Government or the development zone management committee and related departments should be based on local urban planning scope provided within or nearby houses.

22nd home values to be imposed on the compensation shall not be lower than the levy is imposed by the date of the publication of the decision to the Housing Authority for housing market prices of similar real estate.

Imposed on home values, real estate appraisal agencies by a qualified assessment.

    Real estate appraisal institutions selected, credit management, valuation standards and valuation disputes and other matters in accordance with the relevant provisions.

    23rd be imposed on people to choose monetary compensation, subsidies are levied according to the Housing Authority to assess the value of 20%.

24th to be expropriated choice property rights Exchange, are levied should be calculated, settlement home value and value of property rights Exchange homes difference.

    Imposed on home values and property rights exchange value should be determined by the same real estate prices assessment agencies use the same valuation point, using the same value and assess the technical route. 25th of imposing public housing, housing property should be made to replace it. Replacement of property rights to be expropriated and the tenant to sign a lease agreement.

    Before the levy otherwise agree, their agreement shall prevail.

26th article of property rights Exchange House, set within an area of property rights exchange houses are levied should be not less than the housing within the area.

Outside the scope of property rights Exchange, property rights Exchange House position reward is levied per household within the House set within an area of floor space 10% to 20%, specific incentives be clear in the area of expropriation and compensation programmes.

Expropriated houses in the inner area of floor space and reward type and on the nearby property rights Exchange. Property rights Exchange is private property, expropriated houses within an area part of section within an area housing and property rights Exchange, according to the value of the settlement post.

Award of the gross floor area of not clearing prices.

    Pool area parts are not settled the price.

    27th article was levy people meet enjoy minimum life guarantees conditions of, property replacement housing sets within area and was levy housing sets within area equal part, except was levy housing assessment value above property replacement housing assessment value outside, not settlement post; by this approach 26th article provides award of sets within area part, not settlement prices paragraph; not reached similar type sets within area part by property replacement housing assessment value of 50% settlement.

    28th to be expropriated in accordance with housing conditions, in accordance with the relevant provisions of the provincial and municipal.

Section 29th Independence Hall-business premises business premises taken property rights Exchange, property rights exchange houses within an area are levied should be not less than the housing within the construction area, construction area partially settled by value of the difference.

    Pool area parts are not settled the price.

    Section 30th business premises and other non-residential premises to implement property rights Exchange, due to reasons such as urban planning, outside the scope of property rights Exchange, are levied by property rights Exchange location each of housing incentives housing construction area 10% to 30% an area of rewards within the floor area shall not be settlement prices, specific incentives be clear in the area of expropriation and compensation programmes.

Scope article 31st district people's Government or the development zone management committee and relevant departments had failed to select a property rights Exchange to be expropriated, the public housing tenant provided working premises, before the delivery of property rights Exchange House, shall, during the transitional period in accordance with the following regulations to be imposed on persons, public housing tenants to pay: (A) the collection of residential housing, monthly payments are compensation for temporary settlement 0.35% collection of assessed value.

Temporary compensation costs less than 500 Yuan/month, paid 500 Yuan/month.

(B) the collection of housing sales, production processing industry, monthly payments are compensation for temporary settlement 0.35% collection of assessed value; suspend production loss caused, monthly housing payment be imposed on assessed value 0.1% suspend compensation fee.

(C) collection of office space, monthly payments are compensation for temporary settlement 0.35% collection of assessed value.

    (D) collection of warehouses and other premises, monthly payments are compensation for temporary settlement 0.25% collection of assessed value. Article 32nd property rights exchange houses to multi-story (seven with seven) transition period generally does not exceed 24 months; small high-rise, high-rise housing the transitional period normally not more than 30 months.

Transitional period to be expropriated or calculated from the date of the delivery of public housing tenant houses.

    Beyond the compensation agreement, the transitional period, since the months of late, twice times the monthly standard payment of interim compensation fee and suspend compensation fee.

33rd levied due to housing sales, production processing industry, expropriated people choose monetary compensation, resulting in layoffs, loss of business, according to 2% one-off levy assessed value to suspend compensation fee.

    Was levy housing of production, and business units or personal not was levy people of, in accordance with its and was levy people of agreed distribution discontinued closed loss compensation fee; no agreed of, by was levy people and production, and business units or personal consultations distribution; consultations not of, by levy range where area Government or zone CMC and the related sector will discontinued, and closed loss compensation fee handle mention save notary, in party consultations or litigation results determine Hou paid.

Scope article 34th district people's Government or the development zone management committee and relevant departments shall, in accordance with the following regulations to be imposed on persons, public housing tenants to pay compensation fees:

(A) the removal compensation fee of 2000 Yuan per household.

(B) involving fixed-line move machines, air conditioning, cable TV, broadband networks to move equipment and other costs, according to levy's decision to announce the date of the compensation fees.

    (C) involve relocation of equipment, in accordance with national and provincial provisions related to freight price to pay compensation fees.

    35th article was levy people or public housing tenant people in real estate price assessment institutions selected of day up 20th within relocation of, levy range where area Government or zone CMC and the related sector should give each households 15,000 yuan award, select currency compensation of, each households again increased 15,000 yuan award; 20th to 30th within relocation of, each households give 10,000 yuan award, select currency compensation of, each households again increased 10,000 yuan award; over 30th relocation of, not award.

    Article 36th level, orientation of property rights exchange houses, are levied by people, public housing tenants under the housing choice, order, and to the public.

37th for property right exchange of housing shall comply with the following requirements:

(A) compliance with national quality and safety standards;

(B) the property rights;

(C) meet the conditions.

    Residential housing for property rights Exchange minimum unit within an area shall not be less than 40 square meters, the difference of the inner area of each apartment is not less than 8 square meters.

38th article levy range where area Government or zone CMC and the related sector and was levy people, and public housing tenant people should in accordance with this approach of provides, on compensation way, and compensation amount and paid term, and for property replacement housing of locations and area, and relocation fee, and temporary placed fee or turnover with room, and discontinued closed loss, and relocation term, and transition way and transition term, matters made compensation agreement.

    Compensation agreement, party's failure to perform the obligation of compensation agreement, the other party may initiate proceedings in accordance with law.

39th article levy range where area Government or zone CMC and the related sector and was levy people, and public housing tenant people in levy compensation programme determine of signed term within up not compensation agreement or was levy housing ownership people not clear of, by city levy competent sector reported to the City Government in accordance with this approach of provides, according to levy compensation programme made compensation decided, and in housing levy range within be announcement.

    To be expropriated, the public housing tenant disagrees with the decision on compensation, can apply for administrative review, or you can file an administrative lawsuit in accordance with law.

40th homes should be first compensation, then removal.

To be imposed on people, public housing tenants to give compensation, be expropriated, compensation for public housing tenants should be agreement or compensation decision of moving to complete the relocation within the time limit. No units or individuals 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 people, public housing tenants to move.

    Prohibits the employer from engaging in relocation activities.

    41st to be expropriated, public housing tenants within the statutory time limit does not apply for administrative reconsideration or bring administrative proceedings, within the time provided in the decision to move, collected by the municipal housing management office, apply to a court for mandatory enforcement according to law.

42nd after expropriation and compensation agreement is signed, to be expropriated, public housing tenants should be land use permits, housing, lease documents and other relevant information along with the back, the departments concerned should make it to the Ministry of land and resources, the Housing Authority and Housing Department for cancellation procedures. Introduction of property rights Exchange, the Department concerned shall, in accordance with the provisions of the agreement, to be subject to timely registration procedures for housing.

    Imposed on residential special maintenance fund shall, in accordance with the relevant provisions on the administration of special maintenance funds of deposit property rights exchange houses.

43rd supervisory organs should strengthen their participation in house expropriation and compensation units and their staff to monitor.

    Compensation of charge audit institutions should be strengthened to manage and monitor the use of, and publish the findings.

    The fourth chapter legal liability

    44th in the expropriation and compensation for housing work, relating to abuse their powers, neglect their duties, engages in, and by municipal and district people's Government ordered corrective action and informed criticism; losses caused shall bear liability; directly responsible in charge and other direct liable persons shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    45th 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.

    Article 46th 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.

    47th 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.

    48th 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 fifth chapter supplementary articles

    49th article Lintong district, yanliang district, zhangan district, County, and State-owned housing on land expropriation and compensation work, consists of district and county governments in accordance with the measures shall apply. 50th these measures come into force on the date of promulgation. Published 22nd of May 10, 2004, Xian municipal urban housing units management implementation of the XI ' an city rules repealed simultaneously. These measures prior to the implementation of projects that have been lawfully obtained demolition permits, in accordance with the original approved schemes continue to adopt the existing provisions, but the Government may not instruct the relevant departments of administrative mandatory minimum.