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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351883.shtml

Jilin city, interim measures for the city-owned housing on land expropriation and compensation

    (Jilin city consideration at the 14th session of the people's Government at the 52nd Executive Meeting March 1, 2011 through March 2, 2011 people's Government of Jilin announced come into force on the date of promulgation, order No. 213) Chapter I General provisions

    First for regulating the activities of State-owned housing on land expropriation and compensation, to safeguard public interests, protect the lawful rights and interests of expropriated houses one of the owners, in accordance with the People's Republic of China Law on real right, the State-owned land on the housing levy and compensation and other related laws and regulations, combined with the city's actual, these measures are formulated.

    Second houses on State-owned land within the urban planning district, expropriation and compensation procedures apply.

    Third municipal people's Government is responsible for the houses on State-owned land within the urban planning district, expropriation and compensation, to the County (City) Government houses on State-owned land expropriation and compensation of supervise and guide the work. Fourth of municipal urban and rural construction, urban planning, administrative departments are the region's State-owned land on the housing levy and compensation authority (hereinafter referred to as is imposed by the authorities).

Main duties are:

(A) develop compensation programmes;

(B) organizations are levied by the house owner (hereinafter referred to as to be expropriated) and compensation programmes for representatives of the public hearing;

(C) intends to impose social stability risk assessment project;

(D) compensation cost of storage, monitoring and disbursement accounts;

(E) in conjunction with the departments concerned to be within the scope of housing and other buildings, such as investigation, identification and processing;

(Vi) coordination of relevant departments within the scope to be homes and other buildings, such as suspending the relevant formalities;

(VII) to develop housing levy and compensation decisions;

(H) within the scope of housing ownership, location, registration of use, an area of investigations;

(I) the implementation of expropriation and compensation according to the Law Commission bodies;

(10) is responsible for the management of housing compensation files.

Houses on State-owned land expropriation and compensation management office (hereinafter referred to as collection agencies), commissioned by the levy authority specifically responsible for the expropriation and compensation for housing works.

    Urban and rural planning, housing and real estate, financial, land and natural resources, prices, public security, industrial and commercial sectors in accordance with the present regulations and segregation of duties, cooperate with each other, ensuring smooth progress of House expropriation and compensation work.

    Article fifth housing expropriation and compensation staff must go through the relevant laws and regulations and relevant knowledge training, qualified before the certificates.

    Section sixth Department delegate to a collection agency in 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

Article seventh homes implement the municipal decision systems.

Is imposed by the municipal people's Government to make housing decision, you must meet the following conditions:

(A) the levy to be confirmed in writing by the competent tax purposes in compliance with the State-owned land on the housing expropriation and compensation article eighth of the proof and collection project social stability risk assessment report;

(B) urban and Rural Planning Department in writing of the proposed range meets the requirements of urban master plan of land use certificates;

(C) is imposed by the city's land and resources department in writing of the proposed land use is compatible with the overall land use planning in the context of proof;

(D) compensation funds within the scope to be fully in place of certificates;

    (E) comply with the statutory procedures of expropriation and compensation programmes.

Before the eighth municipal people's Government compensation scheme is determined, shall perform the following procedures: (A) organize relevant departments to demonstrate the expropriation and compensation programmes and be published 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 is imposed by the compensation scheme does not comply with the regulations, should be representative of the Organization to be expropriated and the public hearings, and according to the revised programme of the hearing;

    (D) housing collection relates to is levied more than 1000 households, must be approved by the Standing Committee of the municipal government for discussion and decision. Before Nineth homes decision to compensate is imposed by the allocation of funds to departments special account.

Funds allocated include:

(A) choose monetary compensation of expropriated homes housing area times be imposed on date of the publication of the decision to be imposed on similar real estate housing market prices;

    (B) select the property rights exchange of homes by housing area times the levy is imposed by decision on is imposed by the date of the announcement is similar to half of the real estate market.

    Tenth House expropriation decision is imposed by the notice shall specify the purpose, scope, collection sector, performed by units, expropriation and compensation standards, performed by term and rights of administrative reconsideration and administrative litigation and other matters.

    Chapter III evaluation

    11th real estate prices assessment agencies should be independent, objective, fair housing levy assessment work, no unit or individual is allowed to intervene.

    12th be imposed on home values, by a qualified real estate prices assessment agencies in accordance with House acquisition evaluation assessment.

    13th be imposed on the assessed value of the House, shall not be less than the Housing Authority is imposed by the date of the publication of the decision to be imposed on similar real estate housing market prices.

    14th real estate appraisal agencies by being expropriated in levy's decision to announce the date of the 3rd consultation within the selected through consultation, collected by the collection agencies is to take a majority decision determined, randomly selected.

15th real estate appraisal institutions households are to be expropriated houses must be assessed, by audio, video or any other means to get this information, household issued by the evaluation report, and solutions to be expropriated to assessment objection.

    To be expropriated shall cooperate with the real estate appraisal institutions to carry out assessments; refusing to cooperate with, bear corresponding responsibility.

    16th article assessments are levied should be combined with the housing location, use, area, structure, floor, orientation, new, facilities and other factors be taken into account; expropriated houses have been renovated, shall issue a separate fitting assessment report.

    Article 17th expropriated uses from residential to non-residential housing, assessments should fully take into account factors such as housing benefits, the assessment should contain objective benefit for non-residential purposes. Article 18th housing assessment results must be published.

    Housing assessment reports must be delivered door-to-door, delivery receipt must be retained.

    19th has been expropriated of objection to the assessment report, available from the date of receipt of the assessment report on 5th, made the original real estate prices assessment agencies to apply for a review of the evaluation report, real estate prices assessment agencies should review issued and served in the 5th. Article 20th was expropriated against disagrees with the results of the review shall, from the date of receipt of the review results in the 5th, to the real estate appraisal Expert Committee for identification.

Real estate price evaluation Expert Committee shall issue identification and served in the 7th.

    Real estate price assessment the results of the Committee of experts for final results.

    The fourth chapter compensation

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

22nd compensation for expropriated persons include:

(A) the value of expropriated homes compensation;

(B) the result of imposed housing relocation, temporary rehousing compensation;

    (C) the levy House (property rights Exchange) suspend production losses resulting from compensation.

    23rd has been imposed the construction area of the House with the purpose of housing found that registration for housing authority housing marked areas and use prevail; housing unmarked or marked with inconsistency in the housing register, the housing area and use of the mark in the register shall prevail.

    Article 24th expropriated houses belonging to the State-owned non-residential housing, housing area are levied in accordance with the placement, ownership does not change.

Article 25th of house ownership, but there is planning, approval procedures and approval building, in accordance with the approval, area expropriated houses, according to legal construction for compensation and resettlement.

Houses completed before January 5, 1984, comply with the following requirements, you can free place 45 square meters of housing, housing ownership imposed on all:

(A) be expropriated to provide original or housing District Government, the subdistrict office proof of original material and living proof issued by a police station;

(B) account of this municipality;

(C) no other housing;

    (D) in the context of expropriated homes publicized 10th no objection. Article 26th expropriated houses during the lease period, shall compensate the owner or lessee of housing.

And comply with the following requirements:

(A) the removal of the lessee, in accordance with the actual cost of the lessee grants;

(B) the leased premises for non-residential, related loss of incentives, suspend, in accordance with the relevant provisions of these measures, giving the lessee compensated;

(C) the House has been renovated and decorated appropriate compensation.

    House of the owner and the lessee has contracted, their agreement shall prevail.

    27th imposed on residential housing is commissioned, State-owned industry, unit tube production (including complete sets of houses), the lessee or use in accordance with the policy of housing purchase rights, the lessee to pay the home owners or users after purchase, based on the housing reform policies, in accordance with this regulation to compensate tenants or occupiers.

28th to be expropriated choice property rights Exchange, in accordance with the following provisions:

(A) the cottage selection of multi-storey building, gratuitous increase of 9 square meters floor space per household; to be expropriated is a further 9 square meters ', increases in construction costs in accordance with standard pay 2000 Yuan per square meter.

(B) cottage selection of high-rise buildings, gratuitous increase of 18 square meters of floor space per household.

(C) multiple layers building multiple-story building or choose a high-rise building multi-storey buildings, gratuitous increase of 9 square meters floor space per household; to be expropriated is a further 9 square meters ', increases in construction costs in accordance with standard pay 2000 Yuan per square meter.
(D) high-rise building selection of high-rise buildings, gratuitous increase of 9 square meters floor space per household.

    Article 29th housing standards for property rights exchange area: 45 square meters, 54 square metres, 63 square metres, 72 sqm, 81 square meters, 90 square meters, 99 meters, 108 meters, 117 square meters, 126 meters, 135, 144 square.

Article 30th for housing sites are outside of the scope of property rights Exchange, settlements land levels each level below the expropriated land level, gratuitous increase of 10 square meters of floor space.

    Levy is imposed by the authorities and by people to reach an agreement, their agreement shall prevail.

    31st replacement housing construction area of more than 144 square meters of property rights, in accordance with the maximum standards of housing area after placement, housing size placed on the remaining area nearby, increases in construction costs in accordance with standard pay 2000 Yuan per square meter. Article 32nd owner selected residential housing property rights Exchange, are levied in accordance with the housing levy a property rights Exchange. Is collection of housing and property rights exchange houses as of the same structure, an area of some non structural difference different architectural structures, an area of structure post follow the standard pay 1000 Yuan per square meter.

    Property rights exchange houses than be imposed on House size, increase in price negotiations.

    Article 33rd been expropriated since the publication of evaluation results within 10th of (including the number) move, prize 8000 Yuan per household on 20th (including the number) move, reward of 5000 Yuan per household; relocation during the heating period, an increase of 5000 Yuan per household for heating subsidies.

Article 34th when residential housing is open for business activities, was expropriated in before a decision has been made according to law is imposed by business license, tax, compensation in accordance with residential housing, and enjoy the rewards. Incentives can take the form of monetary payment or compensation paid housing area.

Specific incentives in accordance with the following provisions:

(A) engaged in commercial, and services of residential, since assessment results announced of day up 10th within (containing this number) relocation of, give was levy housing of assessment amount (area) 20% of award; 20th within (containing this number) relocation of, give was levy housing of assessment amount (area) 10% of award; over 20th within not relocation of, according to normal levy provides implementation.

(Ii) engaged in production processing of residential, since assessment results announced of day up 10th within (containing this number) relocation of, give was levy housing of assessment amount (area) 15% of award; 20th within (containing this number) relocation of, give was levy housing of assessment amount (area) 5% of award; over 20th within not relocation of, according to normal levy provides implementation.

    (Three) engaged in Office, and warehouse, other business sex activities of residential, since assessment results announced of day up 10th within (containing this number) relocation of, give was levy housing of assessment amount (area) 10% of award; 20th within (containing this number) relocation of, give was levy housing of assessment amount (area) 2% of award; over 20th within not relocation of, according to normal levy provides implementation.

    35th article of non-residential housing to be expropriated a written application in accordance with the compensation of residential housing, compensation in accordance with residential housing, and incentives related to the 34th article of the approach.

    Article 36th after housing property rights Exchange in accordance with this regulation, be expropriated on the need to close on property rights Exchange size, increases in construction costs in accordance with standard pay 2000 Yuan per square meter; in the availability of housing, imposed on people still need to be increased in size, increase the portion size according to market price to pay.

37th do not fit within the scope of property rights Exchange (SMEs) tube of non-residential housing by housing and flats, property rights Exchange sites according to the master plan or consultation.

    To encourage non-residential housing to be expropriated and placed into the industrial park, and enjoy corresponding preferential policies. Article 38th was expropriated by Home Department issued subsistence allowances for urban residents of Golden Collar of evidence, levy is not enjoyed preferential policies, certificates of legal ownership, within 20 days from the date of the assessment (including the number) relocation, property rights exchange houses less than 54 square meters in area, free place 54 square meters of housing.

    Housing ownership imposed on all, places determined by the collection agency. 39th no other housing to be expropriated, when floating room only and for personal use, be expropriated shall take the float housing certificates, issued by the local subdistrict office of the original certificate and proof of residence issued by the police station, levy authorities found by the supervisory departments, publicity. After publicity raised no objection, and in the 10th (including the number) move, placing a set of 45 square meters of residential housing, non-clearing post, housing ownership of expropriated persons.

    Property rights exchange houses identified by the collection agency, the grants housing subsidy standard of certificates issued in accordance with the legal property rights.

40th property rights Exchange building level, be expropriated in accordance with the optional sequence number in order to choose and be publicized. Optional sequence numbers consist of a removal order and add sequence number to determine the compensation agreement.

    Optional sequence number is the same, in order to determine, in accordance with the order of removal. 41st property rights Exchange housing units is imposed by the graphic design must be approved by the competent authority for review.

Property rights Exchange allows a difference of 2 square meters construction area and the actual area of the House.

    Not according to the design, construction or design changes without authorization, to be expropriated does not bear the cost of additional space, increase the area to be expropriated all; lack of floor space, insufficient compensation in accordance with market prices to be expropriated.

Section 42nd residential housing, levy is imposed by the competent authorities in accordance with the following provisions to be paid costs associated with:

(A) the removal costs in accordance with the housing or rental permits meter, a one-time issuance of 1000 Yuan per household;

(Ii) exercise of property rights Exchange, temporary relocation costs (including winter heating allowance) are levied in accordance with the building construction calculations, less than 40 square meters in a 40 square metres;

(C) within 18 months of the transition period, according to 10 yuan per month rate per square metre; for more than 18 months of the transition, from 19th until 24th month, as per square meter per month 14 criteria; of the transitional period of more than 24 months, starting from the 25th month, according to 18 Yuan a month per square metre rate.

Fees are levied by the person listed in the preceding paragraph (lessees or users of public housing) recipients.

    Temporary relocation costs must be in accordance with the quarterly payment. Article 43rd collection of non-residential housing, is imposed by the Department according to equipment disassembly, transportation paid for expenses incurred to be expropriated removal subsidy costs; levy authorities are responsible for removal, not paying to be expropriated relocation allowance.

Unable to recover the use of equipment, facilities, is imposed by the competent authorities shall, in accordance with the replacement price combined payment is made to be expropriated for the new assessment to determine compensation.

Non-domestic suspend due to property rights Exchange, collection Department shall be levied monthly housing payment be imposed on the amount of compensation 0.8% suspend economic compensation; extension of the transition, since months overdue are charged monthly housing payment be imposed on the amount of compensation 1.2% suspend economic compensation.

    Levy is imposed by the authorities and by people to reach an agreement, their agreement shall prevail.

    44th temporary resettlement or suspend compensation costs less than half a month, calculated at half a month; more than half a month, calculated per one month.

    Article 45th is imposed by the authorities to be expropriated in the expropriation and compensation programme within the contracted term no compensation agreements, or clearly to be expropriated, imposed by competent authority report to the municipal people's Government, in accordance with the expropriation and compensation scheme compensation decisions, and within homes shall be published.

Article 46th compensation decision shall set forth the following:

(A) compensation;

(B) the amount and term of compensation;

(C) the location and size of property rights exchange houses;

(D) the removal costs, accommodation costs, suspend compensation costs;

(V) removal period;

    (F) transition and the transitional period.

    47th imposed on people not satisfied with the decision, may apply for administrative reconsideration or bring an administrative suit. 48th prohibited acts of violence, threats or violations of provisions of article interrupted water supply, heat supply, gas supply, power supply and road traffic are levied illegally forced relocation of people, resulting in the loss of, legally undertake the compensation responsibility of breach of public security regulations or other administrative regulations, or relevant departments shall be punished by public security organs.

    Managers directly responsible and other persons directly responsible for the executive authorities, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    49th housing levy for breach of these measures, in accordance with State Council houses on State-owned land expropriation and Compensation Ordinance provisions such as punishment.

    Fifth chapter compensation agreement

    50th House expropriation compensation agreement must use the provincial administrative departments of the consolidated text of the building.

    51st levy is imposed by the authorities and shall, in accordance with these procedures, on the amount of compensation, the compensation and terms of payment, property rights Exchange locations and area, relocation, temporary housing placement fee, suspend compensation costs, such as relocation and transition period, entered into a compensation agreement.

    52nd was imposed housing dispute were unable to sign a compensation agreement, the expropriation authority shall announce in the media, and equivalent to claim part of the compensation to the notary notarized after the deposit, to be introduced.

    Section 53rd has mortgaged houses, signed a compensation agreement to be expropriated in the 30th, no prepayment or modification of mortgages, is imposed by the Department shall be equivalent to the debt the secured portion of monetary compensation to a notary notary deposit.

    54th housing compensation agreement signed, housing land be expropriated shall be imposed on the use, housing, State-owned houses use card along with the back, the departments concerned shall promptly apply for cancellation.

    The sixth chapter is imposed by the enforcement

    55th to be expropriated during the term of compensation decided to move does not move, apply to a court for mandatory enforcement according to law, people's Government.

56th 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;

(C) the collection of the evidence and on the basis of normative documents;

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

57th application for enforcement should be attached to compensation and segregated storage accounts, property rights Exchange locations and areas of housing and other materials, and shall set forth the following:

(A) the application for enforcement and the basic situation of the person subjected to execution;

(B) the subject matter of the application for enforcement;

(C) the application for enforcement on the basis of legal instruments;

(D) written notice of the executive authorities;

    (E) other matters should indicate.

    The seventh chapter by-laws

    58th of municipal people's Governments shall strengthen the supervision and management of construction activities, for violations of the planning and construction of urban and rural areas, and be dealt with according to law.

    59th before making a decision is imposed by municipal people's Government, urban and rural planning department or administrative law enforcement departments of the city administration in excess of the approved duration of temporary buildings and illegal construction in accordance with the relevant provisions of the law on urban and rural planning process. 60th housing registration authorities shall be registered according to the compensation agreement for housing housing.

    Before the implementation of these measures has been the demolition of housing, the Housing Authority also moved the registration in accordance with the measures implemented.

    61st shanty town reconstruction project in accordance with the relevant provisions, Government-led, the way markets work, be carried out by the units of shanty, a security deposit settlement.

    Outside the 62nd article of the municipal urban planning areas, counties (cities) of State-owned housing on land expropriation and compensation in accordance with the measures implemented.

    63rd the measures implemented by the municipal urban and rural construction Committee and is responsible for the interpretation. 64th these measures come into force on the date of promulgation. The Jilin urban housing units management implementation rules (138th of the municipal government), the Jilin city administrative compulsory measures for the demolition of housing (municipal order 162th), Jilin city, Jilin Municipal People's Government on modifications of the urban housing units management decision of the implementing rules of the regulations (Decree No. 205 of the municipal government) abrogated.