People's Republic of China promulgated by Decree No. 590

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　The houses on State-owned land expropriation and Compensation Ordinance Executive meeting of the State Council on January 19, 2011 the 141th by, are hereby promulgated and, as of the date of promulgation.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Prime Minister Wen Jiabao

The January 21, 2011

Houses on State-owned land expropriation and compensation

Chapter I General provisions

The first State-owned housing on land expropriation and compensation in order to regulate the activities, safeguarding public interests, protect the lawful rights and interests of expropriated houses one of the owners, this Ordinance is enacted.

Article II required in the public interest, imposed on State-owned land, individual housing, housing should be imposed on the owner (hereinafter referred to as be expropriated) fair compensation.

Housing expropriation and compensation article III shall abide by the decisions of democracy, the principle of due process and the results made public.

Fourth, the county-level people's Government responsible for the administration of the housing levy and compensation work.

Homes sectors identified in city and county level Governments (hereinafter referred to as is imposed by the housing sector) organize the implementation of the Administration's housing expropriation and compensation work.

City and County departments shall, in accordance with the provisions of the Ordinance and the segregation of duties under the people's Governments at the corresponding level, co-ordination, ensuring smooth progress of House expropriation and compensation work. Fifth is imposed by the Housing Department can Commission performed by units of housing, load of House of expropriation and compensation work.

Performed by units of housing must not be for profit-making purposes.

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.

Sixth higher people's Governments shall strengthen the lower level people's Governments housing levy oversight and compensation work.

Housing and urban-rural construction departments under the State Council and the provincial, autonomous region or municipality Department of housing and urban-rural construction in conjunction with the financial, land and natural resources, development and reform, and other relevant departments to strengthen housing expropriation and compensation of guidance in the implementation. Seventh article of any organizations or individuals for acts in violation of the provisions of this Ordinance, have the right to inform the relevant people's Government, is imposed by the Housing Department and other relevant departments.

Receiving the report is imposed by the relevant people's Government, the Housing Department and other departments concerned shall promptly verify reported, treatment.

Supervisory organs should strengthen their participation in the expropriation and compensation for housing government and monitored by the relevant department or unit and its staff.

Chapter II impose decisions

Eighth in order to protect national security, promote national economic and social development needs of public interest, any of the following circumstances, absolutely necessary to levy House, levied by city and county governments to make housing decisions:

(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 article eighth in accordance with this Ordinance, 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.

Low-income housing construction, old city reconstruction should be incorporated into the municipal and county-level annual plans for national economic and social development.

Formulation of national economic and social development planning, urban and rural planning and land-use planning, special planning, should solicit public opinion, through scientific proof.

Tenth House collection departments to develop compensation programmes, the city and County. City and county people's Governments shall organize the relevant departments to demonstrate the expropriation and compensation programmes and be published for public comment.

Comment period shall not be less than 30th.

11th city and county-level Governments should be consulted and released according to the public promptly of any changes.

Old town is imposed by the need for housing, most people think that levy is imposed by the compensation package is not in line with the provisions of this Ordinance, municipal and county-level people's Governments shall arrange to be expropriated and representatives of the public hearings, and based on the hearing to amend the proposal.

12th is imposed by the city and County to make housing decisions, risk assessment should be carried out in accordance with the relevant provisions of community stability; House expropriation decision of imposing the larger number of people, should be discussed by the Executive meeting of the Government decision.

House acquisition decisions, expropriation and compensation costs should be fully in place, account stores, earmarking. 13th of municipal and County Housing Authority is imposed by the decision shall be announced in time.

Notice shall set forth the compensation programme and administrative reconsideration and administrative litigation right and so on.

Is imposed by the city and county governments and the Housing Department should do housing expropriation and compensation information, interpretation.

Housing is imposed by law, State-owned land at the same time to recover.

14th be expropriated to cities and homes is dissatisfied with a decision made by the people's Governments at the county level, can apply for administrative review, or you can file an administrative lawsuit in accordance with law. 15th is imposed by the housing sector should be within the scope of housing housing ownership, location, use, area organizations, such as inventory, is levied shall be matched.

Findings should be made public to be expropriated within the scope housing.

After the 16th House tax determined shall not be administered throughout the homes new construction, expansion, renovation House and changing the housing acts of misconduct such as increased compensation costs; violations of the provisions, without compensation. Homes Department matters listed in the preceding paragraph, notify the authorities suspending the relevant formalities. Suspending the relevant formalities written notice shall include the period of suspension.

Period of suspension shall not exceed 1 year.

Chapter III compensation

House acquisition decisions of the 17th city and county people's Government pay compensation to be expropriated includes:

(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.

City and county-level Governments should develop allowances and incentives, grants and awards given to be expropriated. 18th individual residential tax, to be expropriated in accordance with housing conditions, housing decision is imposed by city and county governments should give priority to housing security.

Specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the. 19th home values to be imposed on the compensation shall not be lower than the levy is imposed by the date of the publication of the decision to the Housing Authority for housing market prices of similar real estate.

Value of expropriated houses, by a qualified real estate prices assessment agencies in accordance with House acquisition evaluation assessment. Disagrees with the assessment imposed on home values, you can apply to the real estate appraisal review assessment.

Against disagrees with the results of the review, you can apply to the real estate appraisal Expert Committee.

Homes assessment measures shall be formulated by the Department of housing and urban-rural construction by the State Council, development process, should be open to the public for comment.

20th real estate appraisal institutions selected by the expropriated persons through consultation, determined by majority decision, randomly selected, specific measures for the development of provinces, autonomous regions and municipalities.

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

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

Levy chose property rights Exchange, city and county-level Governments should provide housing for property rights Exchange, are levied and expropriated persons, settlement home value and value of property rights Exchange homes difference.

Because the old city rebuilding individual residential tax, imposed on people in converted lots of property rights Exchange, House expropriation decision municipal and county people's Governments shall provide converted lots or lots of houses.

Relocation is due to housing is imposed by article 22nd, is imposed by the Housing Department shall pay removal costs to be imposed on selected housing property rights Exchange, property rights exchange houses prior to delivery, collection Department to be levied to pay for housing temporary placement fee or provided working premises. 23rd on suspend due to levy House loss compensation are levied under the housing benefit before, suspend period and other factors.

Specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the.

24th city and county-level people's Governments and their competent authorities should strengthen supervision and management of construction activities, for violations of building urban and rural planning, and be dealt with according to law. Is imposed by the city and County to make housing decisions, shall organize the relevant departments within the legal scope of registered building investigation, identification and processing.

Identified as legitimate buildings and does not exceed the limit for temporary buildings should be given compensation; identified as illegal construction and in excess of the approved duration of temporary buildings, without compensation.

25th housing collection departments and is levied in accordance with the provisions of this Ordinance, on the amount of compensation, compensation and payment terms, locations and areas, removal of property rights exchange houses fees, temporary relocation costs or working capital use, suspend losses, such as relocation, transition and transitional period, entered into a compensation agreement.

Compensation agreement, party's failure to perform the obligation of compensation as stipulated in the agreement, the other party may initiate proceedings in accordance with law.

26th House acquisition Department and to be expropriated in the expropriation and compensation programme within the contracted term no compensation agreements, or be subject to ownership are not clear, collected by the Housing Department reported to the housing decision is imposed by city and county people's Government in accordance with the provisions of this regulation, in accordance with the expropriation and compensation scheme compensation decisions, and within homes shall be published.

Compensation decisions should be fair, including the 25th article of the Ordinance on compensation matters of Protocol.

To be expropriated for compensation not satisfied with the decision, can apply for administrative review, or you can file an administrative lawsuit in accordance with law.

27th is imposed by the implementation of the housing should be first compensation, then removal.

Housing levy decided to city and County to be expropriated to give compensation, be expropriated in the compensation agreement or compensation decision of moving to complete the relocation within the time limit. No unit or individual may resort to violence, threats or violations of provisions of interrupted water supply, heat supply, gas supply, power supply and road traffic are levied illegally forced relocation of people.

Prohibits the employer from engaging in relocation activities.

28th to be expropriated within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, within the time provided in the decision to move, up to the homes of city and county people's Court according to law enforcement.

Application for enforcement should be attached with the compensation amount and account storage accounts, property rights exchange houses and working with materials such as location and size of the room.

29th House acquisition departments shall establish housing compensation files, and individual compensation to be expropriated within the scope housing announcement.

Compensation of charge audit institutions should be strengthened to manage and monitor the use of, and publish the findings.

The fourth chapter legal liability

30th article city, and County Government and the housing levy sector of staff in housing levy and compensation work in the not perform this Ordinance 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.

31st article take violence, and threat or violation provides interrupted water, and heating, and gas, and power and road passage, illegal way forced was levy people relocation, 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; constitute violation security management behavior of, law give security management punishment.

Article 32nd violence, threats and other methods to prevent the law of expropriation and compensation for housing, which constitutes a crime, criminal responsibility shall be investigated according to law; activities contravening public security management, shall be subject to administrative penalties for public security.

33rd 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.

34th article real estate price assessment institutions or real estate valuation Division issued false or has major errors of assessment report of, by sent card organ 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 35th article of the regulations come into force on the date of promulgation. On June 13, 2001, the State Council published the urban housing units regulations repealed simultaneously. This Ordinance prior to the implementation of projects that have been lawfully obtained demolition permits, continue to adopt the existing regulations, but shall not oblige the relevant departments of the Government forced relocation.