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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351915.shtml

Benxi City houses on State-owned land expropriation and compensation measures

    (May 17, 2011 the 14th session of the Standing Committee of the people's Government of the 86th district, Benxi City considered by June 3, 2011 159th, Benxi City people's Government promulgated as of July 15, 2011) Chapter I General provisions

    First in order to regulate the activities organised by the State-owned housing on land expropriation and compensation, to safeguard public interests, protect the lawful rights and interests of citizens, legal persons and other organizations, according to the State-owned housing on land expropriation and compensation provisions of the Ordinance and the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II required in the public interest, imposed on State-owned land in the city, individual housing, home ownership to be imposed on persons (hereinafter referred to as levy income) compensation, these measures shall apply.

    Housing expropriation and compensation article III shall follow the planning, decision making democracy, due process and compensation principles of fairness and results made public.

Fourth is imposed by the people's Governments above the county level shall be responsible for the administration of housing and compensation work. Urban planning and construction departments above the county level people's Government (hereinafter referred to as is imposed by the Housing Department) is responsible for organizing the implementation of State-owned housing on land expropriation and compensation work.

Housing of its expropriation and compensation management office housing expropriation and compensation of comprehensive coordination, policy guidance, supervision and services and so on.

    Integrated financial, land and natural resources, real estate, law enforcement, audit, justice, public security, industrial and commercial sectors in accordance with their respective responsibilities, to do a housing levy and compensation related work.

    Fifth House expropriation compensation funds should be integrated into municipal and district people's Government budget and implementation of process tracking audit by the Audit Department.

    Sixth housing expropriation and compensation shall be subject to the relevant work of staff training. Article seventh housing sector may entrust the housing levy is imposed by implementation units of specific housing levy and compensation work.

Performed by units of housing shall not charge fees for profit to be expropriated.

    Homes Department performed by units of housing in the Commission's implementation of housing expropriation and Compensation Act is responsible for the supervision, and shall be liable for the consequences of their actions.

    Chapter II impose decisions Eighth House acquisition practice the people's Government for decision system.

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 people's Governments above the county level:

(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.

Nineth as prescribed by article eighth of this approach, it is imposed by the need of housing construction activities, should be in line with the national economic and social development planning, urban and rural planning and land-use planning, special planning.

Project by project approval documents and planning permit for construction project which is imposed by the district to apply for State-owned land in house procedures.

    District people's Government before October 31 in each year of the homes in the area the following year plans is imposed by the Municipal Housing Department, municipal housing sector aggregate is imposed by the municipal people's Government for approval.

The tenth is imposed by the people's Governments above the county level to make housing decisions, social stability risk assessment shall, in accordance with the following provisions:

(A) compliance with laws, regulations, rules and policies of the regulations of the State, are in compliance with the statutory procedures for approval and registration;

(B) whether it is consistent with national security, economic development and social stability, the public interest requires, whether they meet the most fundamental interests of the masses;

(C) whether through rigorous scientific feasibility study, taking into account local fiscal capacity and the capacity of most people's constraints, implementation of the time and conditions are ripe;

(D) it will have adverse effects on stakeholders and triggered mass appeal or affect social security of mass events;

(E) whether there are effective measures of risk mitigation and emergency preparedness, risk can be properly controlled in the context of forecasting;

(F) whether there are any other risks of social instability.

    Is imposed by the housing sector should be on the results of this assessment report, and making high risk, medium risk, and risk evaluation of the risk presented, deferred implementation and non-implementation of the recommendations can be implemented.

11th people's Governments above the county level based on social stability risk assessment report implementation, suspended, or not to implement the decision, issued on behalf of the Government to the Housing Authority collection departments.

    For implementation conditions do not have housing levy project, in assessing the risk before the implementation of evaluation recommendations into, not imposed. 12th Department homes of the people's Governments above the county level shall be responsible for housing within the scope of housing ownership, location, use, an area of physical quantity surveys. Physical quantity surveys shall collect the original housing data, witness testimony and other evidence can prove that the history of housing materials.

Findings and evidence material should be archived. Is imposed by the Municipal Finance Department together with the Municipal Housing Department the housing tax physical findings within verification verification shall not be less than 30%. Disagrees with the results of verification and review by the Audit Department, monitoring Department of administrative supervision.

Real survey results should be in homes within the publicity over 7th, subject to public supervision.

Real volume survey results and verification results difference proportion in ± 2% within of, according to verification results value total 2 ‰ on real volume survey units of main head and directly responsibility people be award; real volume survey results and verification results difference proportion in ± 5% above of, by monitored sector held main head and directly responsibility people responsibility, and on verification sector according to difference part 50% of proportion be award.

    All units and individuals have the right to appeal against physical verification results to the audit, inspection reports and complaints. 13th district (district) is imposed by the housing sector should be developed housing expropriation and compensation programmes, after examination by the Department of Legal Affairs reported to the County (district) level people's Government.

House expropriation and compensation package should have the following contents:

(A) housing the scope, implementation time, compensation, compensation, grants and awards, placing space area and location;

    (B) relocation of duration of the agreement, term, relocation matters such as transitions and transition period.

14th people's Governments above the county level shall determine the housing before the expropriation and compensation programmes, shall perform the following procedures:

(A) the organizations concerned to housing demonstration and announce the expropriation and compensation programmes, for public comment, comment period shall not be less than 30th;

(B) released for comments in a timely manner and in accordance with public opinion changes, the term shall be no less than 3rd;

(C) is imposed by the need for old town houses are charged over 50% in the region (excluding the number) is considered by levy homes and compensation schemes are not subject to this regulation, should be representative of the Organization to be expropriated and the public hearings, and according to the revised programme of the hearing;

    (D) homes are taxed incomes more than 1000 households are involved, must be approved by the Government's Executive meeting for discussion and decision.

The 15th before making an homes, expropriation and compensation costs should be fully in place, account stores, earmarks, special management, timely disbursement. House collection Department in homes before a decision is approved by the people's Governments above the county level shall, in accordance with the housing expropriation and compensation programmes total approved compensation for housing funds.

Corporate units shall be in the homes of the project before the decision was made, compensation funds will be collected in full into a housing, compensation services account. House acquisition Department, project units and financial institutions compensation funds should be used, entered into a tripartite agreement, defining their responsibilities.

    Financial institutions regulatory use of funds in accordance with the agreement, ensure that earmarks.

16th compensation funding application:

(A) the value of expropriated homes compensation;

(B) relocation, temporary rehousing and compensation;

(C) suspend compensation;

(D) subsidies and incentives to be expropriated;

(E) the expected risk management associated with the expropriation and compensation for housing expenses.

Housing levy is imposed by the Department and was signed the compensation agreement, by a financial institution to be expropriated with compensation agreements cover compensation costs.

    Financial institutions each paid into the compensation fund should be independent of the detailed financial accounts, from the date of disbursement is imposed by the payment details to the housing sector response in 5th. After 17th is imposed by the people's Governments above the county level to make housing decisions shall be announced immediately within the scope, and published the newspaper published.

Notice shall include the following:

(A) housing the purpose of expropriation and compensation and the basis;

(B) the housing location and scope of expropriation and compensation;

(C) housing levy and compensation scheme;

(D) the expropriation and compensation for housing implementation unit name;

(E) there is no compensation for housing agreement or be subject to method of dealing with housing ownership is not clear;

(Vi) notice appealed against the expropriation and compensation for housing rights of administrative reconsideration and administrative litigation;

(G) consulting House expropriation and compensation programmes, regulations and policies based on the Office address and telephone number;

(H) the expropriation and compensation for housing announcement time;

(IX) other matters shall be announced.

    Homes within 7th day of decision, levy is imposed by the housing sector housing should be decided and homes and compensation programme is imposed by the City Housing Department.

    18th houses on State-owned land is imposed by law, State-owned land at the same time to recover.

19th district (district) is imposed by the House's decision to announce the release, the Housing Authority is imposed by the Department shall be notified in writing to the relevant departments and units, stop processing the following matters or in the collection range construction:

(A) approval of new construction, expansion, renovation House; (B) household moving, household, birth, marriage, active duty military, displaced or demobilized, released from prison or released staff and graduate students return to places of origin, such as account except as moved;
(C) to be imposed on housing for registered address of business registration procedures;

(D) change of houses and land use;

(E) obtain building approval documents but has not yet completed the construction of the housing project. Suspending the relevant formalities written notice shall include the period of suspension.

Period of suspension shall not exceed 1 year.

    Scope housing identified, about the township (town) people's Government, the subdistrict office should stop the illegal rush to act, does not scatter by law enforcement departments according to law.

    The 20th to be expropriated, tenant housing compensation agreement to the public security, postal service, telecommunications, public utilities, Education Department or unit to handle the migration, such as mail delivery, phone, migration, water, electricity, and transfer, transfer procedures, relevant departments or units should be handled.

    Chapter III compensation

House acquisition decisions of the 21st is imposed by the people's Governments above the county level shall be granted the following compensation:

(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.

22nd housing compensation based on real estate matters recorded in the register as the main basis.

Is imposed by the Department of housing and real estate registration office, the township (town) people's Government, the subdistrict office real estate registration office and the Community shall, within the scope of unregistered construction, as well as recorded in the register of real estate matters is not clear or incompatible with the status of investigations into the construction, verification, identification and processing.

    On April 1, 1990, to the People's Republic of China housing built before the implementation of the law on urban and rural planning, does not affect the traffic, fire, city, planning, municipal facilities, landscaping and the lives of others, meet legal housing standards, be right after registration by the registration authority for housing, should be compensated.

23rd be expropriated can choose monetary compensation, or you can choose housing property rights Exchange. Individual residential tax, levy income meets the housing conditions, housing decision is imposed by the people's Governments above the county level shall give priority to housing security policies place.

    Specific measures shall be in accordance with the relevant provisions of the provincial government. Article 24th of expropriated people choose monetary compensation, compensation for expropriated residential home value, according to no less than the housing levy's decision to announce the date of release are charged similar residential housing real estate market prices determined.

Value of expropriated houses, by a corresponding qualification of the assessed value of real estate prices assessment agencies to determine. Real estate prices assessment agencies to be expropriated in the provincial government and published by real estate appraisal institutions selected by drawing lots in the catalog, for refusing to selected assessing body, collected by the Housing Department selected by drawing lots. Specific measures shall be in accordance with provincial regulations.

Real estate appraisal institutions should be independent, objective, fair housing levy assessment work, no unit or individual is allowed to intervene.

    Are levied on assessment to determine disagrees with the value of residential housing, can apply to the real estate appraisal review assessment against disagrees with the results of the review, may apply to the identification of real estate price evaluation Expert Committee.

25th to be expropriated choice housing property rights Exchange, the people's Governments above the county level shall provide housing for property rights Exchange and are taxed income accounting, home values and property rights Exchange settlement be imposed on home value price difference. For old town reconstruction levy of individual residential houses, the people's Governments above the county level shall provide converted lots or lots of houses.

    Expropriated persons may choose to auction property rights Exchange to be instituted in the alterations section, you can also select in converted lots in the implementation of existing property rights Exchange. 26th housing space standards for property rights Exchange is: 45 square meters, 54 square meters and 63 meters, 72 square meters, 81 square meters, 90 square meters and 99 square meters and 108 meters, 117 square meters, 126 meters. Tolerance ± 3 square meters.

The actual scope under the people's Governments above the county level, the housing levy and compensation programmes for at least 3 or more units. Fetch depends on the policy on the rehousing is housing area nearby, expropriated housing area is less than the compensation and resettlement housing area part of the donation. Be expropriated increasing a level area, increased ordinary commodity housing increased 80% of the price paid for the last year.

Be expropriated to again increase the area, settled by the market price.

    The housing sector in accordance with the design of the expropriation and compensation construction or unauthorized design changes, to be expropriated does not bear the cost of additional space, increase the area to be expropriated all; lack of floor space, after the consent of the expropriated person agreed, compensation for shortfalls in accordance with market prices to be expropriated.

27th House expropriation and compensation practice the removal time reward system.

On self-government notice within the removal term relocate the legitimate property rights people, is imposed by the housing sector may refer to the following regional housing expropriation and compensation scheme design reward systems:

(A) 10th (including the number) move, reward 15000 per household;

(B) the 20th (including the number) move, reward 8000 per household;

(C) beyond the removal period shall not be rewarded.

    Relocation during the heating period, the Housing Authority collection departments are levied in accordance with the rate of housing remaining heating duration and heating subsidies. 28th imposed on residential housing, the housing sector to be expropriated is imposed by the issuance of temporary rental allowance.

    Implemented property replacement of, housing levy sector according to was levy housing building area (insufficient 40 square meters of, according to 40 square meters calculation) each square meters monthly 10 Yuan standard, to was levy people issued temporary rental subventions, since signed levy compensation agreement Hou by quarter issued, transition period over 27 months of, according to each square meters monthly 18 Yuan standard issued; was levy people select currency compensation of, one-time give 3 months of temporary rental subventions.

The 29th to be expropriated or cable TV, telecommunications facilities of the public housing tenants need to migrate, departments shall, in accordance with the relevant regulations, undertake the migrations of charge housing compensation. Housing is imposed by the Department on a standard 1000 Yuan per household to be expropriated or public housing tenant a one-off relocation allowance (including loss of subsidies).

    Collection relocation costs from compensation of non-residential housing sector determined in consultation with be expropriated, but shall not be less than is imposed by the municipal housing, announced the relocation allowance fees.

Non-residential housing section 30th to the following conditions, shall make compensation for:

(A) the levy within the Office, production, operating room;

(B) there is a corresponding building ownership certificate;

    (C) Legal Office, production and operating certificate.

Section 31st non-domestic monetary compensation, monetary compensation by the real estate appraisal institutions with appropriate qualifications to be assessed. Levy imposed non-domestic property rights Exchange, are levied in accordance with non-domestic monetary compensation and housing real estate market clearing price to be placed.

Location of property rights exchange houses, can be determined according to the nature of land use planning and urban construction.

    Collection of non-residential housing appendage without property rights Exchange, collected by the Housing Department in accordance with the assessment price compensation.

    32nd due to collection House cause suspend loss compensation in accordance with the relevant provisions of the provincial government.

33rd imposing public housing, be subject to public housing tenants and buyers of the property, in accordance with the compensation and resettlement as provided herein.

Public housing is imposed by, imposed on house ownership and public housing tenant removes the lease contract or in levy is imposed by the house owner has taken on the public housing tenant placement, pay compensation to public housing owners.

Imposed on ownership of public housing and public housing tenant terminate the rental contract is not reached, should be imposed on public housing owners equivalent housing property rights Exchange, property rights Exchange placement of housing by the public housing tenants continue to rent.

    Collection with some of the private property rights of residential housing, public and private owners before consensus has been reached, should be deposited with a compensation or a title transfer.

34th article was levy housing ownership people using residential housing implementation business activities and made business license, and law tax proved and actual is business of proved, according to residential housing for compensation, its business facilities, and commodity not heavy reset of, by actual loss amount be compensation; was levy people select property replacement of, according to residential housing be placed, housing levy sector can according to tax proved or assessment price determine monthly expected made of profit amount multiplied by transition term calculation discontinued closed loss, give compensation.

    Choose monetary compensation, giving 3 months ' suspend compensation for his loss.

35th House acquisition Department and housing to be expropriated in accordance with this regulation, on the amount of compensation, compensation, payment deadline and for location, size, removal of property rights exchange houses fees, loss of rent payments, suspend, move deadlines, transitions and transitional period entered into a compensation agreement.

Expropriation and compensation agreement, one party fails to fulfil the obligations of the agreement, the other party may initiate proceedings in accordance with law. Is levied shall sign the compensation agreement to return to the house ownership of expropriated houses and the land use permit. Property registration authority, land and resources departments shall be within the statutory time limit for cancellation of registration.

Real estate registration organ, commissioned by the Department of land and resources is imposed by the Housing Department Deputy housing recovery be imposed on house ownership and the land use permit. Introduction of property rights Exchange, the Housing Authority is imposed by the Department shall be delivered within 60 days from the date of replacement housing in Exchange for the expropriated persons, registration of property right in real estate.

    Property registration authority shall, from the date of receipt of the application in the 30th to handle.

    Article 36th collection departments and is levied and the lessee of housing housing expropriation and compensation programme within the contracted term no compensation agreements, or be subject to ownership are not clear, the people's Governments above the county level in accordance with laws on property rights Exchange or monetary compensation decisions, and within homes shall be published.

37th homes should be implemented after implementation of the compensation, relocation.

Is imposed by the people's Governments above the county level shall, in making housing decisions, are levied should be informed of the following persons: (A) the implementation of property rights Exchange, determines and informs the expropriated person House address, size, area, and certificate of house property right;
(B) implementation of monetary compensation, providing deposit and withdrawal to be imposed on the compensation of bank accounts or other securities certificates;

(C) the implementation of compensation calculated on the basis of;

(D) refuses to accept housing is imposed by the decision of the administration of Justice relief.

Be expropriated shall be expropriation and compensation agreement or housing decisions determine the removal deadline is imposed by the relocation. No unit or individual may resort to violence, threat or illegal interrupt water supply, heat supply, gas supply, power supply and road are levied, such as forcing people to move.

    Prohibits the employer from engaging in relocation activities.

Article 38th to be expropriated, the lessee within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, is imposed by the housing relocation within the time limit set out in decision to move, up to the homes of the people's Governments above the county level shall apply to a court for mandatory enforcement according to law.

Application for enforcement should be submitted to the people's Court is imposed by the following materials:

(A) the application for enforcement;

(B) served on compensation decisions and instruments;

(Iii) housing levy of the evidence and on the basis of document;

(D) other material provided by the people's Court deems.

Application for enforcement should be attached with the compensation amount and account storage accounts, property rights exchange houses and working with material room, the address and size.

    Before the people's Court for compulsory execution of application, the Housing Authority is imposed by the housing sector should be handled at the notary be imposed on evidence preservation and property rights Exchange housing, assistance with relocation costs, turnover, loss of suspend deposited with notary.

    39th House collection departments should establish housing expropriation and compensation files, and the household contract, compensation, incentives within the scope housing published regularly to be expropriated.

    The fourth chapter legal liability

    40th article County above Government and the belongs housing levy sector of staff in housing levy and compensation work in the not perform this approach provides of duties, or abuse, and negligence, and engages in of, by superior Government or this level Government ordered corrected, informed criticism; caused loss of, law bear compensation responsibility; on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition; constitute crime of, law held criminal. 41st related departments of the people's Governments above the county level should be based on the Division of responsibilities, cooperate with each other, House acquisition risk assessment work and social stability control.

Any of the following acts, drew attention to the accountability of leadership and supervisory organs the administrative responsibility of the persons directly responsible for:

(A) social stability risk assessment should be carried out without the implementation of assessment;

(B) fraud in the assessment process;

(C) is not in accordance with the procedures in these measures of expropriation and compensation;

    (D) programme work is not in accordance with the emergency plan or stability control.

    42nd article violation this approach, take violence, and threat or to levy implementation interrupted water, and heating, and gas, and power and hinder road passage, way forced was levy people relocation of, at 3000 Yuan above 30,000 yuan following of fine; caused loss of, law bear compensation responsibility; on directly is responsible for of competent personnel and other directly responsibility personnel held administrative responsibility; constitute violation security management behavior of, law give security management punishment; constitute crime of, law held criminal.

    43rd article be subject to illegal acts of violence, threats and other means to hinder legitimate housing expropriation and compensation, more than 1000 Yuan and 10,000 yuan fine; activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

    44th 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.

    45th article real estate price assessment institutions or real estate valuation Division issued false or has major errors of assessment report of, by property competent sector 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

    Article 46th Benxi County, Huanren Manchu autonomous county may refer to these measures. 47th article of the rules take effect on July 15, 2011. July 3, 2010, announced by the people's Government of the Benxi City, Liaoning province, Benxi City Housing relocation management policy (Government 146th) repealed simultaneously. Before the implementation of these measures has been legally obtained demolition permits construction projects, according to the municipal government expropriation and compensation, the 146th, but not administrative forced evictions.