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Benxi City Houses On State-Owned Land Expropriation And Compensation Measures

Original Language Title: 本溪市国有土地上房屋征收与补偿办法

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Home collection and compensation scheme for State land in the city

(Adopted at the 86th ordinary meeting of the Government of Japan, 17 May 2011, by Order No. 159 of 3 June 2011, by the People's Government Order No. 159 of 3 June 2011)

Chapter I General

Article 1 establishes this approach in the light of the provisions of the National Land-Based and Compensation Regulations and the relevant laws and regulations, in order to regulate the collection and compensation of homes in the city, preserve public interests, guarantee the legitimate rights and interests of citizens, legal persons and other organizations.

In order to meet public interests, this approach applies to the collection of State-owned land units and personal homes in the city, and to the compensation of the licensee (hereinafter referred to as income).

Article 3. The collection and compensation of homes should be guided by the principles of pre-planning, decision-making democracy, due process, fair compensation and public results.

Article IV is responsible for the collection and compensation of homes in this administrative area.

More than the people at the district level are responsible for the organization of home collection and compensation for the implementation of State land. Its houses are charged with the Integrated Coordination, Policy Guidance, Monitoring and Reimbursement Management Office for house collection and compensation.

Ministries such as finance, land resources, housing, integrated law enforcement, audit, justice, public safety, business and business are co-directed and compensated for their own duties.

Article 5 Reimbursement funds for homes should be included in the financial budget of the city, the people of the region and subject to a full-scale tracking audit by the auditing sector.

Article 6. Persons engaged in house collection and compensation should be trained in the relevant operations.

Article 7. The house-covering sector may entrust the house with the specific payment of house collection and compensation. The house-covered implementation unit shall not be charged to the person charged for profit.

The house-covering sector is responsible for the collection and compensation of homes carried out within the scope of the commission and for the legal responsibility for the consequences of its conduct.

Chapter II

Article 8. In order to guarantee the need for public interest, such as national security, the promotion of economic and social development, there are one of the following cases in which there is a need for the collection of homes, which is determined by the Government of the people at the district level:

(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 IX, in accordance with article 8 of this approach, identifies construction activities that require the collection of homes, in line with national economic and social development planning, land-use master planning, rural and urban planning and specific planning.

The project unit approves the documentation and builds a land planning licence to the people of the area where the project is located to apply for the processing of national land housing procedures.

The People's Government of the Region shall transmit the next year of house collection plans to the city's house by 31 October each year, with the approval of the city's Government after a summary of the house collection.

Prior to the decision of the Government of the people at the district level to collect their homes, the risk of social stability should be implemented in accordance with the following provisions:

(i) In accordance with the provisions of laws, regulations, regulations and national approaches policies and in compliance with the statutory approval and reporting procedures;

(ii) In conformity with the needs of public interest, such as national security, economic development and social stability, and with the fundamental interests of the majority of the population;

(iii) Whether the timing and conditions of implementation are ripe for taking into account constraints such as local financial capacity and the affordability of the majority of the population, as evidenced by scientific feasibility studies;

(iv) Whether a group visit or an incident affecting social security would have a negative impact on the relevant stakeholders;

(v) Is there any corresponding effective risk-removal measures and emergency disposal scenarios that would allow for proper risk control within the projected context;

(vi) The existence of other social instability.

The housing levy sector should report on the results of the above-mentioned assessment and make risk early warning evaluations, medium- and high-risk risks, suggest implementation, suspension and non-implementation recommendations.

Article 11. The Government of the people at the district level, in accordance with the Social Stability Risk Assessment Report, decides on the implementation, suspension or non-implementation of the report, to issue to the house in the name of the Government.

No implementation shall be carried out until the evaluation of risk early warning evaluation recommendations are translated into implementation.

Article 12 Households owned by the above-ranking people's Government are responsible for carrying out physical surveys of the rights of the house within the scope of the house, the place, the use, construction area. The physical survey should collect video material, witness statements and other relevant evidence that can demonstrate the historical status of the home. The findings and related evidentiary material should be archived.

The city's financial sector will verify the results of the physical survey carried out by the city's house-covered units and the verification rate shall not be less than 30 per cent. The verification results were contested and administrative inspections were carried out by the audit department. The results of the physical survey should be given more than 7 days within the scope of the house and receive social oversight.

The proportion of the results of the physical survey and verification results is ± 2 per cent, rewarding the principal and direct responsibilities of the physical investigation unit in accordance with the total value of the verification results in a total of 2 per cent; the results of the physical investigation and verification are more than 5 per cent, and the inspection department is responsible for the principal and direct responsibilities and rewards the verification sector in proportion to 50 per cent of the difference.

Any unit and individual have the right to object to the results of verification in kind and to report and complain to the audit, inspection bodies.

Article 13 (Sectoral) housing units should be designed to collect and compensate homes, with the approval of the post-community (zone)-level Government of the rule of law. The programme should have the following:

(i) The scope of the house, the time of implementation, the manner of compensation, the amount of compensation, the grant and the incentive, the location of the house and the place of settlement;

(ii) Matters such as the duration of the agreement, the period of relocation, the modalities for relocation and the transitional period.

The following procedures should be met before the Government of the people at the district level determines the programme for house collection and compensation:

(i) To organize and make public information on the programme for the collection and compensation of homes, to seek public advice and to seek a period of less than 30 days;

(ii) The time limit shall not be less than 3 days for the prompt publication of the status of the request and for the revision of the public opinion;

(iii) The alterations in the old urban area require the collection of houses, which are collected by more than 50 per cent (non-concluding) in the region, which is considered to be incompatible with the provision of the scheme, should organize hearings between the collector and public representatives and revise the programme in accordance with the hearings;

(iv) The collection of homes involving more than 1,000 persons who have been recruited must be decided by the Government's Standing Conference.

Until a decision was taken on house collection, the cost of compensation should be paid in full, exclusive storage, specialization, exclusive management and timely payment.

The total amount of compensation for the housing funds approved by the Housing Exposure and Compensation Programme was to be charged by the housing-covering sector prior to the decision on house collection. Project corporate units should be transferred to the reimbursed sector-specific accounts prior to the decision on house collection.

The housing-covered sectors, project units and financial institutions should establish tripartite regulatory agreements to clarify their respective responsibilities on the use of compensation funds. Financial institutions can monitor the use of funds in accordance with the agreement and guarantee dedicated funds.

Article 16 Use of compensation funds:

(i) Removal of the value of the house;

(ii) Removal, temporary settlement compensation;

(iii) Reimbursement for loss of life;

(iv) Granting and rewarding the person charged;

(v) Funding for expected risk disposal related to housing.

After a payment agreement with the licensee, the home-covered sector pays compensation payments to the licensee by financial institutions for compensation agreements.

Financial institutions should respond to an independent and detailed financial account for the payment of compensation funds in place, with a breakdown of sectoral feedback to the house within 5 days of the date of the disbursement.

Article 17 shall be immediately publicized after the decision of the Government of the people at the district level to impose their homes, and in public distributions. The announcement should contain the following:

(i) The purpose and basis for the collection and compensation of homes;

(ii) The location and scope of the house for and compensation;

(iii) Implementation programmes for house collection and compensation;

(iv) The name of the unit for house collection and compensation;

(v) Difficulties for housing or unambiguous treatment of house holders;

(vi) The right to administrative review and administrative proceedings against house levies;

(vii) Consulting houses for office addresses and contact calls on the basis of compensation programmes, legislation and policy;

(viii) The time taken for house collection and compensation announcements;

(ix) Other matters that should be declared.

Within 7 days from the date of the decision on house collection, the housing levy sector should make the house's decisions and house collection and compensation programmes available to the municipal houses.

Article 18 State-owned land-based homes are legitimized by law and the State's land-use rights are recovered simultaneously.

After the issuance of the decision-making announcements by the veteran (zone) houses, the housing levy shall be communicated in writing to the relevant departments and units to cease the following matters or construction within the scope of the collection:

(i) Approval of new construction, expansion and alterations;

(ii) Excluding, dispersing, except for the relocation of persons who are born, married, active military service or demobilized, who have been released or removed from the labour corrections personnel and who have graduated from their homes;

(iii) The process of registration of commercial registration at a registered home;

(iv) Changes in homes, land use;

(v) The construction of houses that have been approved by law but have not been completed.

A written notice of the suspension of the proceedings shall contain a period of suspension. The duration of the suspension shall not exceed one year.

After the establishment of the scope of the house, the Government of the commune (communes) and the street offices should put an end to violations of construction and dissuade them into the law of the integrated law enforcement sector.

Article 20 Reimbursement agreements by the licensee, the tenant, the house's home, etc., are to be made available to the public safety, postal, telecommunications, utilities, education or units for the movement of the household, mail transmission, telephone transport, stop water, electricity and referrals, referrals, referrals, etc., and to the relevant departments or units.

Chapter III Compensation

Article 21 Governments of more than the population who have taken decisions on house collection should pay the following compensation to the person who has been charged:

(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.

Article 2 provides for compensation based on the property registry.

The house collection sector, the housing registry body, the commune of the people (communes), the housing registration authorities and community personnel in the street offices should conduct investigations, verification, identification and treatment of unregistered buildings in accordance with the law, as well as property registration matters that are unclear or are not incompatible with the status quo.

The construction of homes before the People's Republic of China Rural Planning Act of 1 April 1990 does not affect transport, firefighting, urban hosting, planning, municipal facilities, greening and others' lives, in accordance with the statutory housing standards, and should be compensated by the house registry authorities after they are registered.

Article 23 may choose monetary compensation or may choose to relocate home property.

The Government of the people who have taken decisions on house collection should give priority to housing security policies. Specific approaches are implemented in accordance with the relevant provisions of the provincial government.

Article 24 of the licensee's choice of monetary compensation, and compensation for the value of the house collected, is determined at market prices for similar housing properties that are levied on the basis of a decision not less than the date of the release of the house. The value of the house collected is determined by the assessment value of the property price assessment body with corresponding qualifications.

The real estate price assessment body was selected by lots of the real estate price assessment body, published by the Government of the province, to reject the selection of the assessment body and to be selected by the house-covered sector. Specific approaches are implemented in accordance with the provisions of the provincial government. The real estate price assessment body should carry out the assessment of house collection independently, objectively and impartially, without interference by any unit or person.

The value of the house collected as determined by the assessment results could be applied to the real estate price assessment body for a review assessment; an objection to the review of the outcome could be made to the Committee of Experts on Real estate Price Assessment.

Article 25 has been used to select housing property transfers, and more people at the district level should provide housing for the transfer of property rights and account for income received to clear the difference in the value of the house collected and for the transfer of property.

As a result of the alteration in the old urban area, more than the people at the district level should be provided with a releasing paragraph or with regard to the near-Earth. The licensee may choose to relocate the property rights of the property within the releasing paragraph or to choose the introduction of the current property transfer outside the alteration.

Article 26 provides for a housing area of 45 square meters, 54 square meters, 63 square meters, 72 square meters, 81 square meters, 90 square meters, 108 square meters, 117 square meters and 126 square meters. This allows for a ± 3 square meters. More than three types of households are identified in the housing and compensation programme, based on the reality of the breadth.

The area of relocating homes is subject to a policy of near-sightedness, and the area of the house is charged with a small amount of unpaid grants for the settlement of the housing area. The requisitioner requested an increase in the number of additional spare parts, with an increase in the payment of an additional amount of 80 per cent of the total annual general commodity home. The requisitioner asked for an additional area to be settled at market prices.

The sector that implements the construction or self-removal design is not designed in accordance with the design of construction or unauthorized alterations, the licensee does not assume the cost of increasing the area and increase the area to be charged; the construction area is inadequate and, with the consent of the licensee, is not partially compensated by market prices.

Article 27 imposes a time-bound incentive system for house collection and compensation.

For the legal home property owner who has been relocated within the period of relocation determined by the Government's announcement, the housing-covering sector may establish incentive systems in the light of the following provisions in regional housing collection and compensation programmes:

(i) Removation within 10 days (concluding this figure) and the award of $15,000 per household;

(ii) Removation within 20 days (concluding this figure) and an award of $800,000 per household;

(iii) There is no incentive to exceed the period of relocation.

Removed during the heating period, the housing levy sector is subsidized in accordance with the resuscited heating rates for the rest of the house.

Article 28 of the home was charged and the house was charged with granting temporary rental benefits to the licensee. With the introduction of the property transfer, the housing levy sector, according to the ten-month standard of the basement area (under 40 square meters) per square m2 per month, provides temporary rental grants to the licensee for the period of up to 27 months after the signing of the payment agreement, in accordance with the 18-month standard for each square metor, and a one-month temporary ten-month grant for the payment of the temporary rental subsidy for each licensor's choice for monetary compensation.

Article 29 requires the relocation of cable television, communication facilities by the licensee or the public house tenant, and the housing levy shall be paid in accordance with the relevant provisions.

The housing levy sector pays a one-time relocation grant for each tenant or tenant depending on the standard of 1000. The relocation costs for non-residents are determined by the compensation sector in consultation with the licensee, but are not less than the relocation subsidy rates issued by the municipal housing-covering sector.

Article 31 quantifies non-residents with the following conditions and shall be compensated:

(i) There is office, production and operation of premises within the scope of the collection;

(ii) A corresponding home ownership certificate;

(iii) There is legal office, production, operation certificate.

Article 31 imposes monetary compensation for non-residents, and monetary compensation is determined by an assessment of the real estate price assessment body with corresponding qualifications.

The leakage of non-residential homes is carried out and is accommodated in accordance with the currency compensation for non-residents and the real estate market price for housing. The place of house relocation can be determined on the basis of land use and urban construction planning.

Non-residentials are not transferred to property rights and are reimbursed by the house for the assessment price.

Article 32 provides for compensation for loss of the lifetime industry resulting from the collection of homes, in accordance with the relevant provisions of the provincial government.

Article 33 imposes public housing, which is charged with the purchase of the property of the house by a public tenant, which is compensated under this scheme.

A house house house was collected and the owner of the house was removed from the lease contract or the houseowner's houseowner's houseowner, who had previously been housed for the occupants of the public house, providing compensation to the public owner.

The occupants of public-owned homes and the public-owned tenants are not able to reach a contract for the lifting of the lease and should redeploy the property rights of the public homeowner, whose property is relocated by the former occupants.

The collection of housing houses with some private property rights should be made available or transferred to property rights prior to the lack of agreement between the public and private owner.

Article 34, where the owner of the house is charged with carrying out business activities and obtaining a business licence, a legal tax certificate and the actual certificate of business, provides that, in accordance with the housing facility, its operating facilities, commodities are irreplaceable and are compensated for by actual loss; and the licensee chooses to relocate property rights, the housing sector may determine the amount of profits expected to be obtained at a monthly rate based on tax certificates or assessment of prices, which may be paid compensation for the loss of the life.

The choice of monetary compensation was granted to three months for loss of life.

The housing levy sector should enter into a compensation agreement on matters such as the compensation method, the amount of compensation, the duration of payment and the place for property transfer, area, relocation expenses, rental housing allowance, the loss of life, relocation period, transitional modalities and transition periods, in accordance with this scheme.

After the agreement on compensation was concluded, the party was not in compliance with the agreed obligations of the agreement and the other party could sue by law.

The licensee shall return to the homeowner's title certificate and the Land Use Certificate when the payment agreement is made. The property registry and the land resource sector should be cancelled within the statutory time frame. The Housing Registry, the Land Resources Sector, may entrust the house with the Homeless Depositary and the Land Use Certificates for the Recovered House.

With the introduction of a property transfer, the housing levy sector should register property rights for the licensee for the transfer of houses within 60 days of the date of the transfer of homes. The municipal property registry shall be granted within 30 days of the date of receipt of the application.

Article XVI does not provide for compensation agreements within the time frame established by the scheme for house collection and compensation, or if the owner of the house is unambiguous, the decision taken by the Government of the people at the district level to relocate property or monetary compensation in accordance with the law and to make a notice within the scope of the house.

Article 37 provides that the house shall be subject to compensation and subsequent relocation.

Prior to the decision taken by the Government of the above-mentioned people at the district level, the following matters should be communicated to the affected:

(i) Implementation of the transfer of property rights to identify and inform the address, household, area and housing property certificates collected for the house;

(ii) Execution of monetary compensation and provision of bank accounts or other securities vouchers to the collector;

(iii) The calculation of settlement compensation;

(iv) Judicial administrative remedies that do not impose decisions on homes.

The licensee shall complete the relocation within the time period determined by the payment agreement or by the house for the relocation.

No unit or person shall be subjected to violence, threat or unlawful interruption of water supply, heating, heating, electricity and road traffic, and to forced evictions of the person. Construction units are prohibited from engaging in relocation activities.

Article 338, the recipient, the lessee, does not apply for administrative review within the statutory time period or do not initiate administrative proceedings, is not relocated within the period of relocation provided for in the decisions taken on the house, and the Government of the more than the people at the district level where the decision is taken on the house is applied to the people's courts in accordance with the law.

The application for enforcement should submit the following materials to the People's Court:

(i) An application for enforcement;

(ii) Removal decisions and instruments;

(iii) Evidence and documents based on decisions taken by the house;

(iv) The People's Court considers other material that should be provided.

The application for enforcement should be accompanied by the amount of compensation and the book of exclusive household storage, the title transfer of homes and the address and area of swing houses.

Before applying for the enforcement of the People's Court, the housing levy sector should provide evidence of the preservation and property transfer of homes collected by the public witness body, the relocation grant, the swing house, the suspension of property losses.

The housing leakage should be established to collect and compensate the archives and to keep the sub-householdings, the compensation situation, and the rewards are regularly made available to the disappearers within the scope of the house.

Chapter IV Legal responsibility

Article 40

Article 40 One of the following acts is brought to the executive responsibility of the inspectorate to hold the lead and direct responsible person:

(i) Assessment of social stability should be carried out without implementation;

(ii) Resistance in the assessment process;

(iii) No charges and compensation pursuant to this procedure;

(iv) No work has been carried out in accordance with emergency pre-responsibility or robust control programmes.

Article 42, in violation of this approach, imposes a fine of up to 3,000 dollars for the relocation of the licensee by violence, threats or, for the purpose of imposing interruptions in water supply, heating, heating, electricity, electricity and obstruction of road traffic; causing loss to be liable under the law; accountability for the responsible person directly responsible and other direct responsibilities; penalties for the management of the law, which constitutes a crime, and criminal liability.

Article 43, which is imposed by a person in violation of a method of violence, threats, etc., hampers the collection and compensation of legitimate homes, imposes a fine of more than 1,000 dollars, which constitutes a violation of the security administration and imposes penalties under the law; constitutes an offence punishable by law.

Article 44, 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; and criminal liability is not yet a crime and is not punishable by law.

Article 485 Real estate price assessment agencies or real estate valuationrs report false or significant error assessment reports, which are made by the property authority responsible for the change of the period of time, warnings, fines of the real estate price assessment institution and amounting to more than 200,000 dollars, fines for the valuation of the property and accounts for more than 30,000 dollars of the value of the estate and credit archives; serious circumstances, release of the certificate, registration certificate; causing loss, liability under the law; and criminal liability for the offence.

Chapter V

Article 46

Article 47 The Modalities for the relocation of urban homes in the city of Benm stream (No. 146 of the Municipal Government Order) were also repealed at the same time in July 2010. The construction projects that had previously been legally granted a house demolition permit could be charged and compensated by the Municipal Government Order No. 146, but no administrative forced relocation was carried out.