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Jilin City, Interim Measures For The City-Owned Housing On Land Expropriation And Compensation

Original Language Title: 吉林市城市国有土地上房屋征收与补偿暂行办法

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Provisional approach to house collection and compensation in the city of Glin

(Summit No. 213 of 2 March 2011 for the Government of the People's Republic of Glin)

Chapter I General

Article 1 establishes this approach in the light of the relevant laws, regulations, such as the People's Republic of China Act on Property Rights, the National Land Collection and Compensation Regulations.

Article 2

Article 3. The Government of the city is responsible for the collection and compensation of State-owned land in the city's planning area, and oversees and directs the collection and compensation of State-owned homes in the county (communes).

Article IV provides for the establishment of administrative authorities in urban and rural areas as the competent authorities in the area of national land collection and compensation (hereinafter referred to as the authorities). The main responsibility is:

(i) Develop compensation programmes;

(ii) Organizing the hearing of the compensation programme, which was collected by the owner of the house (hereinafter referred to as the collector) and the public representative;

(iii) Risk assessment of social stability for projects to be collected;

(iv) Seturation, regulation and disbursement of special households charged with compensation costs;

(v) Investigation, identification and treatment with the relevant authorities of the proposed range of houses and other buildings;

(vi) Harmonize the procedures for the suspension of premises and other buildings to be charged;

(vii) Develop decisions and compensation decisions on house collection;

(viii) Examination of the extent to which the rights of the breadth, district, use, construction area are charged;

(ix) To entrust the agencies concerned with the collection and compensation required by law;

(x) The management of the compensation file for the house.

The State-owned Authority for Housing Exposure and Compensation Management (hereinafter referred to as an institution) is entrusted by the authorities with specific responsibility for house collection and compensation.

Services such as finance, rural and urban planning, housing security and real estate, land resources, material prices, public safety, business and business are synergistic in order to secure the smooth operation of house collection and compensation, in accordance with the provisions and responsibilities of the scheme.

Article 5 Persons engaged in house collection and compensation must be trained in the relevant laws, regulations and related knowledge, and the eligible party may be given evidence.

Article 6. The authorities are responsible for the institution's conduct of house collection and compensation within the scope of the commission and for legal responsibility for its consequences.

Chapter II

Article 7.

The Government of the city has taken decisions on house collection and must have the following conditions:

(i) The use to be determined by the competent authorities in writing is in accordance with the State Department's report on the proof and assessment of the social stability of the project as set out in article 8 of the National Land Collection and Compensation Regulations;

(ii) A written confirmation by the urban and rural planning sector that is subject to the overall urban planning requirements;

(iii) The proposed collection of land-use applications by the city's resources sector, in writing, is consistent with the overall land-use planning requirements;

(iv) The evidence to be fully in place for the compensation funds to be charged;

(v) Removal programmes consistent with the statutory procedures.

Article 8 Priorities for the Government of the city to determine the compensation programme should be followed by the following procedures:

(i) To organize and make public observations on the collection of compensation programmes. The deadline for consultation shall not be less than 30 days;

(ii) The prompt publication of the request and changes based on public opinion shall not be less than 3 days;

(iii) The alterations in the old urban area require the collection of houses, which are considered by the collector of more than 50 per cent (non-concluding) in the region, which is not in accordance with the provisions of the scheme, should be organized by the collector and the public representatives, and modified to the programme in accordance with the hearings;

(iv) Theft of homes involving more than 1,000 persons who have been collected must be taken up by the municipal government meetings.

Article 9. Reimbursement funds are allocated to the collection of specialized accounts of the authorities prior to the decision on house collection. The funds allocated include:

(i) The size of the house, which is chosen to compensate in monetary terms, has been charged with similar real estate market prices on the basis of a decision-making announcement by the house;

(ii) Half of the price of a similar real estate market for the house, which was charged by the choice of the area of the house for the transfer of property.

Article 10. The decision-making announcements on house collection should contain matters such as the purpose of leprosy, the scope of the levy, the collection of implementation units, the payment of compensation standards, the time period for implementation and administrative review, and the right to administrative proceedings.

Chapter III Assessment

Article 11. The real estate price assessment body shall independently, objectively and impartially carry out the assessment of house collection, without interference by any unit or person.

Article 12. The value of the house collected is determined by the appropriate quality of the real estate price assessment body, in accordance with the assessment of the scheme for house collection.

Article 13. The assessment price of the house collected shall not be lower than the market price of the property of the house for similar properties on the date of the decision-making announcement.

Article 14. The real estate assessment body is selected by consultation within three days from the date of the decision-making announcement; the consultations are inconclusive and are determined by the majority of decisions taken by the charging body, including random selection.

Article 15. The real estate price assessment body must be incorporated into an assessment of the licensed homes, obtain relevant information, including audio recordings, videos, extractive assessment reports, and respond to the author's objection to the assessment report.

The licensor should actively cooperate with the assessment of the real estate price assessment body, reject the collaboration and assume the corresponding responsibility.

Article 16 should be considered in the assessment report in the light of the size, use, construction area, structure, floor, reaching, new and accompanying facilities that have been renovated; and the individual renovation assessment reports should be made available.

Article 17 Removal of the use of houses to non-residents should be fully taken into account in the assessment of factors such as housing benefits, which should include objective benefits for non-residents.

The results of the housing assessment must be made public. The housing assessment report must be delivered by a household and must be archived.

Article 19 was objected to the assessment report and, within 5 days of the date of receipt of the assessment report, a review of the original real estate price assessment body that had submitted the assessment report, and the real estate price assessment body should reproduce the results and deliver them within 5 days.

Article 20 objected to the outcome of the review shall apply to the Committee of Experts on Real estate Price Assessment within 5 days of the date of receipt of the review. The Committee of Experts on real estate price assessment should have validated and delivered the results within 7 days.

The findings of the expert committee on real estate price assessment are final.

Chapter IV Compensation

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

Article 22 Compensation for the person charged includes:

(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 (location of property).

Article 23 of the construction area charged with house use is determined by the size and purpose of the home title mark issued by the house registration agency; the area and use of the house's title certificate are not covered by the home ownership certificate or is inconsistent with the home registry.

Article 24 of the house, which is charged as a non-resident house owned by the State, remains unchanged in the sense of ownership, in accordance with the area of the house that is collected.

Article 25 does not have a home ownership certificate, but plans, land clearance procedures are in place, in accordance with the approval of matters, in accordance with the authorized location, area, etc., to be housed in accordance with the legitimate building.

The houses that had been constructed by 5 January 1984 were in line with the following provisions, which could be accommodated without compensation for 45 square meters of housing and owned by the owner:

(i) The licensee provides raw material from the original units or the local government of the house, the street offices, and the residence certificate provided by the public safety station;

(ii) Enabling the city;

(iii) No other house;

(iv) No objection was made to 10 days within the scope of the house collected.

Article 26 The house was charged for the rental period and should be compensated for the owner or the lessee. In compliance with the following provisions:

(i) In the event of the relocation of the lessee, the payment of the royalties to the lessee in accordance with the actual expenses incurred;

(ii) The rental of houses as non-residents, with the relevant incentives, the loss of the lifetime industry, and the payment of compensation to the lessee in accordance with the relevant provisions of the scheme;

(iii) The house has been refurbished and the accompanying compensation is granted to the garner.

The owner and the lessee have contractually agreed.

In accordance with this approach, the tenor or the user has the right to purchase houses in accordance with the reform policy, the tenant or the owner pays the housing owner for the purchase of the property based on the property policy.

Article twenty-eighth persons have chosen to relocate their property rights, and is implemented in accordance with the following provisions:

(i) The electrification of a multi-size-size-size-size-fits-all building area of 9 square meters per household with no compensation; an additional 9 square meters are required to increase part of the increase in the number of hours per square meter of the construction cost.

(ii) The House chooses to increase the construction area of 18 square meters without compensation.

(iii) The multi-scale building option for a high-level building or multi-size-size-size-size-fits-all, with an increase of 9 square meters without compensation; and an increase of 9 square meters would be required in part to meet the standards of the construction cost of each square metor.

(iv) The high-level building is chosen to increase the area of 9 square meters per household without compensation.

Article 29 covers the area of housing standards for the transfer of property: 45 square meters, 54 square meters, 63 square meters, 72 square meters, 81 square meters, 90 square meters, 108 square meters, 126 square meters, 135 square meters, 144 square meters.

In addition to the scope of the house settlement site used for the transfer of property, the location of land is at a level lower than the regional land level charged, with an increase of 10 square meters of construction.

An agreement was reached between the authorities and the licensee.

Article 31 provides for more than 144 square meters in the area of post-location of property, and after the placement of the largest housing standard area, the remaining construction area is close to the standard area of housing, with the addition of a portion of the cost of construction to be paid at the standard of the treasury.

Article 3 does not elect the owner of the home to choose the transfer of property rights, and reproduces a property right according to the nature of the house. The same construction structure was leased by the same house as the property transfer structure, with the original area not partially offset by poor structures; the different structure of the construction structure, which was paid in accordance with the standard of 1000 square meters. The area of property transfer is greater than the area of the house that has been collected, and some additional price consultations are addressed.

Article 33 was relocated within 10 days of the date of publication of the assessment results, with a contribution of $80 million per household; the relocation of 5,000 per household (concluding this figure) in 20 days; and the relocation of 5,000 yen per household during the heating period.

Article 34 is operating when the house is used for the operation, and the license of the licensed by the person who has obtained business prior to the decision has been taken by law, taxed under the law, paid in accordance with the home and granted incentives.

The incentives may be granted in monetary form or in the form of compensation for the area of the house. Specific incentives are implemented in accordance with the following provisions:

(i) Residence in commercial, service-related homes, which were relocated within 10 days of the date of publication of the assessment results (concluding this figure) by 20 per cent of the assessed amount (construction area) collected by the house;

(ii) Homes engaged in the production of the industrial sector, which were relocated within 10 days of the date of publication of the assessment results (concluding this figure) and granted 15 per cent of the assessed amount (construction area) of the house collected;

(iii) Homes engaged in other business activities, such as office, warehousing, which were relocated within 10 days of the date of publication of the assessment results (concluding the figure) and granted an assessment of the amount of 10 per cent (construction area) collected by the house;

Article 35 Non-residents are charged with a written application for compensation in accordance with their homes, which can be compensated in accordance with the home's home and receive the relevant incentive policy under article 34 of the scheme.

Following the redeployment of home property under this approach, the requisitioner needs to pay a greater portion of the area of the near-stop property transfer standard, in accordance with the criteria for the construction of the cost of each square metor of 2000; and in cases where the owner is permitted, an additional area is required to increase, in part by market prices.

Article 37 does not be appropriate for the collection of non-resident houses (business) and units owned by the movable property, which are determined or negotiated in accordance with the overall urban planning.

Non-occupants are encouraged to be placed in industrial parks and to enjoy the corresponding preferential policies.

Article 338 of the licensee holds a minimum living guarantee for the residents of the civil affairs sector, without a corresponding policy of leniency and a legal property certificate, relocation within 20 days of the date of publication of the assessment results (concluding the figure), with a property transfer area of less than 54 square meters without compensation for the housing of 54 square meters. The ownership of the house is owned by the collector, and the place is determined by the agency.

In the case of buoys where no other housing is collected, only and self-used buoys are collected, the licensee should have a buoyage certificate, the original certificate from the site's street offices and the residence certificate from the public security station, and the authorities are found to be backed by the inspectorate. The post was no objection and was relocated within 10 days (concluding the figure) to house a total of 45 square meters of homes, dissidents, and the ownership of the house was charged to all. The property transfer rate is determined by the agency for which the allowance is paid in accordance with the criteria for the payment of housing benefits under a legal property certificate.

Article 40 redeployed houses, which are chosen by the licensee in accordance with the self-selection order, and made public statements.

The sequencing is determined by the relocation order and the order of the compensation agreement. The relocation order is determined in the same order.

Article 40 is required to carry out a review by the authorities. The area of construction of the property rights transfer is comparable to the actual area of 2 square meters.

In the absence of the design of construction or the unauthorized alteration of design, the requisitioner does not assume the cost of increasing the area, increase the size of the uncovered population, and inadequacies in the construction area are compensated for by market prices.

In accordance with article 42, the house was charged and the authorities were charged with the payment of the related expenses to the licensee in accordance with the following provisions:

(i) Removal fees are issued for a lump sum of 1000 per household in accordance with a home ownership certificate or lease of licensees;

(ii) Execution of property transfers, temporary settlement charges (including the more winter heating grant) are calculated in accordance with the area covered by the licensed house building, with less than 40 square meters calculated according to 40 square meters;

(iii) The transition period was granted within 18 months in accordance with 10 per square metimetre per month; the transition period exceeded 18 months, from 19 months to 24 months, was issued in accordance with the 14-month standard per square met; the transition period exceeded 24 months, and from 25 months to 18 per square metian per month.

The costs indicated in the previous paragraph are received by the licensee (both tenants or users).

The temporary settlement fee must be issued on a quarterly basis.

Article 43 imposes non-residential homes, and the authorities should pay for the relocation grant of the person charged on the basis of the equipment demolition, the cost incurred by the transport, the charge of relocation by the competent authorities and the non-payment of the expropriation grant. Equipment, facilities that cannot be restored should be compensated by the authorities for the amounts determined by the new assessment in conjunction with the replacement price.

As a result of the transfer of property, non-residential homes are discontinued and the authorities should pay monthly payments to the licensee for the cost of economic compensation for the cereal economy of 0.8 per cent of the estimated amount of the occupancy paid by the licensee; the extension of the transition period has resulted in a monthly payment of the amount of $1.2 per cent of the lump-sum economic compensation paid to the licensee.

An agreement was reached between the authorities and the licensee.

Article 44 grants for temporary accommodation or for a period of less than half a month for economic compensation for the suspension of the production sector are calculated on a half-month basis; more than half a month, by one month.

Article 41 XV sets out that the authorities are not in a reparation agreement within the time frame established by the scheme for the collection of compensation, or the unambiguousness of the collector, and that the Government of the city is requested by the authorities to make compensation decisions in accordance with the compensation programme and to make a notice within the scope of the house.

Article 46 shall contain the following elements:

(i) Modalities for compensation;

(ii) The amount of compensation and the period of payment;

(iii) The location and area of property transfer;

(iv) Removal fees, temporary accommodation fees, economic compensation for the suspension of the production sector;

(v) Period of relocation;

(vi) Transitional means, such as transition periods.

Article 47 quarants may apply for administrative review or administrative proceedings in accordance with the law.

Article 48 prohibits violence, threats or unlawful means of disrupting water supply, heating, heating, electricity and road traffic, which imposes the relocation of the licensee, causing loss and liability under the law, in violation of the provisions of the security administration or other administrative regulations, and is punishable by law by the public security authority or the relevant sector. Those responsible for the direct responsibility of the competent and other executive organs are treated in accordance with the law; they constitute a crime and hold criminal responsibility under the law.

Article 49 imposes upon the parties a violation of this approach, and punishes them in accordance with the relevant provisions of the State Department's National Land-Based and Compensation Regulations.

Chapter V Compensation agreements

Article 50 Reimbursement agreements must be used to build a uniform text of provincial administrations.

In accordance with article 50, the authorities and the licensee shall, in accordance with this approach, enter into a compensation agreement on matters such as the manner of compensation, the amount of compensation and the period of payment for the transfer of property, the relocation costs, the temporary settlement fee, the economic compensation for the suspension of the property, the relocation period and the transitional period.

Article 52, which is subject to the existence of property rights disputes and cannot be signed, shall be declared by the competent authorities in the media and shall be subject to the payment of monetary compensation equivalent to the amount of the award to the public witness body for the processing of the public certificate.

Article 53 imposes a mortgage house, which cannot be settled in advance or altered by the licensee within 30 days of the compensation agreement, and the authorities shall deposit the amount of monetary compensation equivalent to the portion of the claim's security.

After the signing of a housing payment agreement, the licensee shall return to the land-use certificate of the house, the home ownership certificate, the State-owned property licence, and the State-owned home use certificate, and the relevant authorities shall proceed in a timely manner.

Chapter VI Execution

Article 55 was not relocated within the period of relocation determined by the compensation decision and the Government of the city applied to the People's Court in accordance with the law.

The application for enforcement should be submitted to the People's Court for the following:

(i) An application for enforcement;

(ii) Removal decisions and instruments;

(iii) Evidence based on decisions and the normative documents based on them;

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

Article 57 Enforcement requests should be accompanied by material such as the amount of compensation and the exclusive storage, the property transfer location and area, and include the following:

(i) The basic situation of the applicant and the applicant;

(ii) The subject of application for implementation;

(iii) To apply for legal instruments based on implementation;

(iv) Written reminders by administrative organs;

(v) Other matters to be described.

Chapter VII

Article 588 The Government of the city should strengthen monitoring of construction activities and address them in accordance with the law.

Prior to the Government's decision to collect, the temporary construction and infraction of the urban and rural planning sector or the urban administration administration administration administration administration of the administration of justice sector are dealt with in accordance with the relevant provisions of the rural and urban planning law.

Article 60 Housing registration institutions should conduct home registration based on housing compensation agreements. The approach was followed by house demolitions that were previously removed and house demolitions were also carried out in the light of this approach.

Article 63/Mackage rehabilitation projects, in accordance with the relevant provisions, have been led by the Government and the manner in which markets operate is to be renovated by units that are expected to be renovated in order to resolve the payments.

Article 62 is implemented in the light of the scheme for the collection and compensation of houses in the State's land outside the city's urban planning area.

Article 63 of this approach is implemented and is responsible for interpretation by urban and rural construction committees.

Article 63 quater applies from the date of publication. The Executive Rules for the Removal of Urban Housing in the city of Glin City (Official Order No. 138 of the Municipal Government), the Modalities for the administrative evictions of urban homes in the city of Gylin ( Order No. 162 of the Municipal Government), the decision of the Government of the People of Glin to amend the application of the regulations for the management of housing in the city of Glin City (No. 205 of the city).