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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

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Home collection and compensation schemes for State land in Western Asia

(Summit 3rd ordinary meeting of the Government of the Western Indian Republic on 13 March 2012 to consider the publication of the date of publication No. 97 of the Decree No. 97 of 29 March 2012.

Chapter I General

Article 1 provides for the regulation of house collection and compensation activities on State land, the maintenance of public interest and the guarantee of the legitimate rights and interests of the licensee of the house and the development of this approach in line with the provisions of the State Department's National Land-Based and Compensation Regulations and relevant laws, regulations and regulations.

Article 2 applies to national land in the new urban areas of the city, in the area of monumental forests, in the area of the Lake, in the mountainous area, in the absence of a central area, in the area of administration of the barracks, and in the interest of the public interest.

Article 3. The Housing Guarantee and Housing Authority is the administrative authority responsible for house collection and compensation (hereinafter referred to as the charging authorities) in this city, which is a specific responsibility for the day-to-day management of house collection and compensation.

The new cities, the Metropolitan Zone, the Shear Lakes Region, the Hytag zone, the Government of the Umbrella Region, and the specific organizations of the Development Zone Management Committee to carry out the collection and compensation of State-owned land in the Territory.

The Urban Rehabitation Management Office is responsible for the implementation of house collection and compensation in the context of rehabilitation projects in the urban slums.

Article IV Development reforms, construction, planning, land, finance, public safety, urban administration and the government of the various sectors should work together to ensure the smooth operation of house collection and compensation, in accordance with the provisions and responsibilities of this approach.

Article 5 The collection and compensation of homes should be guided by the principles of decision-making democracy, due process and public results.

Any organization or individual who violates the provisions of this approach shall be entitled to report to the municipal authorities, the people of the region. The authorities that have been reported should be verified and processed in a timely manner.

Chapter II

Article 7, in order to secure the needs of the State, to promote the economic and social development of its citizens, is one of the following cases where the house is to be collected by the Government of the city:

(i) Defence and diplomatic needs;

(ii) The need for infrastructure-building, such as energy, transport and water, carried out by government organizations;

(iii) The needs 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 public use, carried out by governmental organizations;

(iv) The need for secure housing construction by government organizations;

(v) The need for changes in the old urban area by the Government in accordance with the relevant provisions of the Rural and Rural Planning Act for the concentration of endangered houses, infrastructure lagging;

(vi) Needs for other public interest under the law, administrative regulations.

Article 8. The following conditions are required when decisions are taken on house collection:

(i) A project-building document;

(ii) Planning conditions for the planning of licenses or confirmations for nuclear-produced construction in the planning sector;

(iii) Land-related documents in the land resource sector;

(iv) Removal programmes.

Safeguarding the construction of SICA and the alteration of the old urban areas should also be integrated into the annual plan for economic and social development of urban, regional and nationalities.

Article 9. The Government of the people of the area covered by this area or the Committee for the Development of Regions and the relevant departments shall conduct investigations into the extent to which the breadth of the house is collected, the use, construction area, etc. The findings should be made available to the licensee within the scope of the collection. The dissatisfaction of the findings should be promptly investigated.

Article 10, when the house is charged, is compensated by the owner's certificate or the land-use certificate, the public rental certificate.

Article 11. The scope of the house shall not be determined by improper increases in the cost of compensation, such as construction, expansion, alteration of homes and changes in the use of the house, in violation of the provisions, and shall not be compensated. The Office shall notify, in writing, the authorities concerned of the suspension of the following procedures:

(i) Suspension of new construction, expansion, alteration and change of house use and sub-householding procedures;

(ii) Suspension of business licences.

The written notice shall contain a period of suspension, which shall not exceed one year.

Article 12. The Government of the people of the area covered by the levy or the development of regional commissions and relevant departments shall, in accordance with the circumstances of the previous survey, the cost estimates, develop compensation programmes to be reported to the Office for the Management of Municipal Housing.

The Government of the people of the area where it is collected or the development of regional commissions and relevant departments should organize the relevant sector's argument of the compensation programme and be made public in the context of house collection. The period of consultation shall not be less than 30 days.

Article 13. The Government of the people of the region where it has been collected or the development of regional commissions and related departments should be made available in a timely manner, on the basis of changes in public opinion.

As a result of the alterations in the old city area require the collection of homes, the majority of the licensor considered that the compensation programme was not in accordance with the provisions of the scheme and should organize hearings with the representatives of the collector and the general public and revise the programme in accordance with the hearings.

Article 14.

Reimbursement funds collected by the Government of the people of the region or by the Regional Commission for Development and the relevant departments are in place and are earmarked; the introduction of property transfer should be implemented.

Article 15. The decision on house collection relates to the number of persons charged and is discussed by the Standing Committee of the People's Government.

Article 16 should be made in a timely manner. The announcement should contain matters such as the payment of compensation programmes and administrative review and the right to administrative proceedings.

The Urban Housing Exposure Management Office responds to the training of persons involved in the collection and compensation process in the area of legal, legislative and other knowledge.

The Urban Housing Exposure Management Office, the Government of the people of the area where it is located or the Regional Committee for Development and the relevant sectors should be informed, interpreted and compensated for the house.

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

Article 17 may apply for administrative review or administrative proceedings in accordance with the law.

Chapter III Compensation

Article 18 The Government of the people of the region or the Regional Commission for Development and the relevant sectors should organize planning, land, construction, etc. to investigate, identify and deal with unregistered buildings in accordance with the law. Reimbursement should be provided for the determination of legitimate buildings; temporary buildings that do not exceed the period of ratification should be compensated for their remaining use; and no compensation shall be paid for the unlawful construction and the temporary construction beyond the period of ratification.

Article 19 covers the construction area, the purpose of the house, which is certified by the right to housing. The licensee of the house does not contain the area of construction, use or area of construction, purpose disputed, and the use of the area covered by the Government of the people of the region or by the Regional Committee for Development and the relevant departments should organize the investigation, identification and treatment of the relevant sectors, in accordance with the laws, regulations and regulations.

The following compensation shall be paid to the licensee after the decision taken by the house is imposed:

(i) Removal of the value of the house;

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

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

Article 21, the licensee may choose monetary compensation or may choose to relocate home property.

As a result of the releasing of individual homes in the old urban areas, the licensee chooses to relocate home titles, the Government of the people of the area in question or the development of regional commissions and related sectors should be based on local urban planning.

Article 2, compensation for the value of the house collected, shall not be lower than the market price for the property of the house that was charged on the date of the decision-making notice.

The value of the house collected is determined by the assessment of the real estate price assessment body with corresponding qualifications.

The selection of the real estate price assessment body, credit management, evaluation technology standards, and valuation disputes are implemented in accordance with the relevant provisions.

Article 23, which is charged with choosing monetary compensation, is subsidized by 20 per cent of the estimated value of the house assessment.

Article 24 provides that the licensee chooses to redeploy the property rights of the house, which should be calculated, cleared with the difference in the value of the stolen house and used for the transfer of property.

The value of the house collected is to be assessed using the same value as the technical route for property transfer.

Article 25 imposes public housing and shall apply housing property. After the transfer of property rights, the licensee should re-establish the housing lease contract with the lessee. It was also agreed upon before it.

Article 26 provides for the introduction of a property transfer home, and the area of the house of the property transfer shall not be less than the area of the building of the house collected.

In the area of outdoor property transfers, the housing area is transferred according to property rights, and each household rewards the area of buildings that have been collected from 10 to 20 per cent of the house's set-up area, with specific incentives being identified in the compensation scheme.

The area of the buildings and the incentive packages were collected and property transfers were carried out on the basis of the near-headed household.

The property transfer is private and the portion of the area covered by the house's set-up area with the property transfer package is partly compliant with the assessment value. The area of the creativity is not liquidated.

The portion of the area of public assessment is not liquidated.

Article 27, where the licensee meets the minimum living security conditions, is not subject to the settlement of the housing value by 50 per cent of the value of the rental of the housing stock in the area of the buildings that are not met in the same form as that of the uncovered housing assessment in the light of the value of the property transfer assessment.

Article 28 imposes upon the licensee to meet the housing security conditions, in accordance with the relevant provisions of the provinces and municipalities.

Article 29 provides for the transfer of property rights from an independent business home to a large-scale operating property transfer, and the area of the house for the property transfer shall not be less than the area of the house collected, and the portion of the area of the building area is covered by the assessment value.

The portion of the area of public assessment is not liquidated.

Article 33 provides for the transfer of property rights from operating houses and other non-residents, for reasons such as urban planning, and for reasons such as leasing of overseas titles, each household in the property transfer area has been rewarded by a 10% to 30 per cent of the house's area of construction, the portion of the area of the entrenchment portion of the entrenchment of the entrenchment area is not subject to the settlement of the savings and the specific incentive area has been specified in the compensation scheme.

Article 31, the Government of the people of the area covered by the scope or the development of regional commissions and related departments that have not provided swing houses to those who choose to relocate property, the public-owned tenants shall pay the royalties to the licensee and the public-owned tenants within the transitional period, as set out below:

(i) The payment of temporary settlement compensation payments for 35% of the estimated value of the housing assessment. The temporary settlement compensation rate is less than $500/monthly and is paid at $500/months.

(ii) To collect business, produce industrial houses, pay for temporary settlement compensation for 0.35 per cent of the estimated value of the house assessment for a month, resulting in the loss of the lifetime industry, and pay compensation for the loss of life of 0.1 per cent of the estimated value of the house.

(iii) Conducting office premises, paying a monthly temporary settlement compensation rate of 0.35 per cent of the estimated value of the house assessment.

(iv) The collection of warehousings and other premises and the monthly payment of the temporary settlement compensation rate of 0.25 per cent of the estimated value of the housing assessment.

The transition period for property transfer to a multi-scale house (after seven levels) is normally not more than 24 months; a small high-level, high-level housing transition period does not normally exceed 30 months. The transition period has been calculated from the date on which the licensee or the occupants have delivered their homes.

Over the period of transition agreed upon by the Compensation Agreement, two times the monthly payment of temporary accommodation compensation and compensation for the loss of the lifetime industry has been reimbursed by the original criteria.

Article 33 provides for a one-time compensation for loss of life by 2 per cent of the estimated value of the house, for the purpose of leprosy and production of industrial housing, for which the collector chooses monetary compensation.

The production, operation or individual of the licensed house is not the collector and, in accordance with its agreement with the licensee, the payment of compensation for the loss of the lifetime industry will be allocated by the collector and the production, operation or personal consultation; there is no agreement that the consultations will be disbursed by the Government of the people of the area in which it is covered or by the Commission for the Development of Regions and the relevant departments, which will be discontinued, the compensation for the loss of the business will be charged and paid after the parties' consultations or the results of the proceedings.

Article 344 The Government of the people of the area covered by the scope of the area or the Committee for the Development of Districts and the relevant departments shall pay the relocation indemnity payments to the licensee, the public and private tenants, in accordance with the following provisions:

(i) The relocation compensation rate of $0.

(ii) Costs such as fixed telephone switches, air conditioning, cable television, broadband network relocation, etc., are compensated on the basis of the fee rate of the date of the decision.

(iii) With regard to the relocation of equipment, the relocation indemnity is paid in accordance with the provisions of the State and the provincial municipalities relating to freight prices.

Article 35 Removals from 20 days from the date of the selection of the real estate price assessment body by the requisitioner or the public-owned tenant shall be granted to the Government of the people of the area in which the breadwinner or the development committee and the related sectors of the area shall be awarded a contribution of 1.5 million dollars per household, an increase of 1.5 million yen per household per household per household; the relocation of between 20 and 30 days, an award of one million per household, the choice of monetary compensation, an increase of one million dollars per household, and no incentive for the relocation of more than 30 days.

Article 36 tiers of the transfer of property rights to homes, jeopardy, are chosen by the licensee, the occupants of the house and made public.

Article 337 for property transfer shall be in accordance with the following provisions:

(i) In line with national quality safety standards;

(ii) Clear property rights;

(iii) Access conditions.

The minimum number of homes used for property transfer may not be smaller than 40 square meters, with no less than 8 square meters per household.

Article 338 The Government of the people of the area covered by the levy or the development of regional commissions and related departments shall enter into compensating agreements on matters such as compensation, compensation and payment deadlines, the location and area used for the transfer of property, relocation costs, temporary settlement fees or swing house, loss of the lifetime industry, relocation period, transitional modalities and transition period, in accordance with the provisions of this scheme.

Upon the conclusion of the reparation agreement, a party does not meet the agreed obligations of the Compensation Agreement, and the other party may bring proceedings in accordance with the law.

Article 39, the Government of the people of the area covered by the area or the development of regional commissions and related departments, with the licensee, the public house tenants, have not been compensated for the duration of the contract established by the Compensation Programme or the licensee of the house, which is reported by the municipal authorities to request the Municipal People's Government to make compensation decisions in accordance with the provisions of this scheme and to make public statements within the scope of the house collection.

An expropriated, public-owned tenant may apply for administrative review under the law or administrative proceedings in accordance with the law.

Article 40 provides that the house should be compensated and moved.

Upon compensation to the licensee and the public housing tenant, the licensee, the public and the private tenant shall complete the relocation within the time period determined by the agreement or the compensation agreement.

Any unit or person shall not be subjected to violence, threats or unlawful means of disrupting water supply, heating, heating, electricity and road traffic, and forced the movement of the licensee, the public and the tenant. Construction units are prohibited from engaging in relocation activities.

Article 40 does not apply for administrative reconsideration or non-adjustment within a statutory period of time by the licensee, a public house tenant, who is not relocated within the time period specified in the compensation decision, and is subject to the enforcement of the People's Court by law.

Following the signing of the Compensation Agreement, the licensee, the public house tenant shall return relevant information, such as land-use documents, home ownership cards, rental vouchers, and the relevant authorities shall be transferred in a timely manner to the resources of the country, the home management process.

The transfer of property rights should be carried out in accordance with the provisions of the agreement, and the relevant authorities should provide the licensee with timely processing of home registration procedures. The licensee shall pay special maintenance funds for the transfer of property rights to the home in accordance with the relevant management provisions of the special maintenance funds.

Article 43 should strengthen the inspection of units involved in the collection and compensation of homes and their staff.

The audit body should enhance oversight of the management and use of the compensation cost and make public the results of the audit.

Chapter IV Legal responsibility

Article 44, in the area of house collection and compensation, concerned staff abuse of their duties, play negligence, infrastructural fraud, was redirected by the municipal, district-based government orders to inform criticism; causing loss to be legally responsible; and disposed of in accordance with the law by the competent person directly responsible and other direct responsibilities; constitutes a crime and is criminalized by law.

Article 42 imposes the displacement of the person by unlawful means, such as violence, threat or violation of the provision for the interruption of water supply, heating, heating, electricity and road traffic, causing loss to be borne by law; imposes liability under the law for the direct responsible supervisors and other direct responsibilities, which constitute criminal liability under the law; do not constitute a criminal offence; disposes of the law; constitutes a breach of the law and imposes penalties on the security sector.

Article 46 prevents, inter alia, the imposition of violence and threats against houses and reparations under the law, which constitutes criminal responsibility under the law, and constitutes a violation of the management of the security sector and imposes penalties on the law.

Article 47, corruption, misappropriation, separation, default and payment of compensation expenses, is correct, recovering the relevant payments, refunding the proceeds of the violation and informing the responsible units concerned of criticism, warning; causing loss to be borne by law; liability for the direct responsible person and other direct responsible personnel, constituting criminal liability under the law; criminal liability is not yet a crime and is not punishable by law.

Article 48 of the report of the assessment of the real estate price assessment body or the property valuationr of a false or significant error, which is ordered by the issuance of a warrant to correct the period of time, give a warning, impose a fine of up to 200,000 dollars of the real estate price assessment body and hold a fine of up to 30,000 yen of the value of the estate and is recorded in the credit file; in the case of a serious circumstance, the release of a certificate of credit, the certificate of registration, the loss, the liability of the law, and criminal liability.

Chapter V

Article 49 is governed and compensated by the state-owned land in the district, the tetanus, the long-lasting area and the city's territory, which is implemented by the local and district governments in the light of this approach.

Article 50 is implemented since the date of publication. The Rules for the Regulation of the Removal of Urban Houses in the city of Western Annai, published by the People's Government Order No. 22 of 10 May 2004, were also repealed. The scheme, which had previously been granted permission to house demolitions by law, continued to be implemented in accordance with the approved implementation programme, but the Government did not oblige the concerned authorities to impose administrative evictions.