Jinan Houses On State-Owned Land Expropriation And Compensation Measures

Original Language Title: 济南国有土地上房屋征收与补偿办法

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Jinan houses on State-owned land expropriation and compensation measures

    (30th July 18, 2013, Jinan City people's Government Executive Meeting July 20, 2013 Jinan municipal people's Government announced come into force on the date of promulgation, order No. 248) 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, according to the State-owned housing on land expropriation and compensation regulations, combined with the city's actual, these measures are formulated.

    Second City District (including Jinan development zone) houses on State-owned land expropriation and compensation, these measures shall apply.

    The third municipal and district people's Government is responsible for the area of houses on State-owned land expropriation and compensation work.

    Municipal urban construction departments and the district people's Government departments (hereinafter referred to as is imposed by the Housing Department) is responsible for the Organization of area homes on State-owned land and compensation work.

    Development, land and resources, planning, urban management, housing management departments in accordance with the responsibilities and common houses on State-owned land expropriation and compensation work. Fourth housing sector may entrust the housing levy is imposed by implementation units, in charge of State land on the housing of expropriation and compensation work.

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

    Fifth is imposed by the municipal housing sector should be regularly engaged in housing is imposed by the relevant laws and policies and compensation of personnel, expertise and training.

    The sixth municipal people's Government on State-owned land on the housing levy and compensation work units or individuals have made outstanding contributions to be commended.

    Chapter II impose decisions

The seventh under any of the following circumstances, it is imposed by the need to House, House acquisition decision by the municipal and district people's Government:

(A) the needs of defence and Foreign Affairs;

(B) organized by the Government to implement the energy, transportation, water conservancy and other infrastructure needs;

(C) organized by the Government through science and technology, education, culture, health, sports, environment and resources protection, disaster prevention and mitigation, conservation, social welfare, municipal public utilities need;

(D) organized by the Government to implement construction of affordable housing needs;

(V) implemented by the Government in accordance with the city's urban and rural planning organizations to dangerous concentration, poor infrastructure such as the old city reconstruction needs;

    (F) the provisions of laws and administrative regulations other public interests. Eighth House acquisition is imposed by the State-owned land on the Housing Department shall prepare annual plans.

    Low-income housing projects and a dangerous concentration, infrastructure and lots of old city reconstruction and other projects, be allowed in housing should be incorporated into the annual plan for national economic and social development.

House of Nineth project implementation units are required by law to levy, shall be imposed on the Housing Department submitted the application, and submit the following materials:

(A) project preliminary planning planning reporting;

(B) feasibility studies;

    (C) placement listings and compensation funds implementation report. Levy is imposed by the Department shall require the Housing Authority for housing construction activities in line with national economic and social development planning, land use planning, urban and rural planning and planning to development, land resources, the Planning Department for advice.

    Development, land and resources, Planning Department shall within 10 working days after receiving letters of advice issued a written opinion.

    Article is consistent with this approach the seventh paragraph (a) to (d) and (f) requirement is imposed by the need to House, collected by the Housing Department in accordance with construction land use planning advice to determine home range.

    Consistent with this approach the seventh paragraph (e) provides that is imposed by the need to House, collected by the Housing Department in conjunction with the development, planning, land and resources departments to determine home range.

    11th House collection departments should housing tax determined in the 3rd, release frozen notices.

    Freeze announcement date, no unit or individual shall, within the scope new construction, expansion, renovation, renovate housing and appendages, and changes in housing and land use. The Housing Department should release the freeze is imposed by notice in writing notify the proper authorities suspending procedures related to matters listed in the preceding paragraph. Suspending the relevant formalities written notice shall include the period of suspension.

    Suspended for the longest period of not more than 1 year.

    House acquisition decision, homes shall notify the relevant sectors in the construction activities of the project finished before the end of the matters set out in the second paragraph of article related procedures.

12th freeze announcement date, any of the following acts shall not be increased compensation costs:

(A) analysis of the housing and transfer; (B) apply for household moving and household.

However, birth, marriage, soldiers returning home from active service, inmates released from prison, must go through the account unless it is moved by;

(C) establishment of new rental housing, disaggregated, change public rental housing households;

(D) the new business registration and public institutions, social groups and change registration;

    (E) other acts that resulted in improper compensation costs. 13th is imposed by the housing sector should be within the scope of housing housing ownership, location, purpose, area, facilities, organization surveys registered, expropriated shall be matched.

    Findings should be made public to be expropriated within the scope housing. 14th compensation plan before it was announced, City law enforcement department shall, in conjunction with planning, housing management department within the legal scope of registered building investigation, identification and processing.

    Identified as legitimate construction should be given compensation; identified as illegal structures, without compensation. 15th House collection departments should develop compensation schemes reported to the people's Governments at the same level, evaluation organized by the people's Government at the relevant departments be published for public comment.

Comment period shall not be less than 30th.

Expropriation and compensation programmes include the following:

(A) the legal basis for expropriation and compensation for housing;

(B) housing levy designed to;

(C) the scope for housing;

(D) the housing sector, performed by units of housing, the housing levy is imposed by rating agencies;

(E) housing compensation contract period;

(F) housing compensation and calculation methods;

(G) the situation of basic property rights exchange houses;

(H) the rewards and benefits standards;

(I) the relocation transition, a transition period;

    (J) other matters.

    16th municipal or District Government will consult and modify it as public opinion released in time.

    Old town is imposed by the need for housing, are levied over 50% people think that the compensation scheme was incompatible with the houses on State-owned land expropriation and compensation provisions of the Ordinance and these rules, are levied by city or district people's government organizations and the public hearing attended by representatives, and according to the hearing to amend the proposal.

    17th expropriation and compensation costs include monetary compensation funds and housing for property rights Exchange.

    Funds used for monetary compensation and subsidies and incentives shall be in homes such as expenses in full, before the decision was made, account stores, earmarking.

    For property right exchange of housing at the time of delivery, shall conform to the national standards of quality and safety, and property rights, no right to burden.

    18th city or district people's homes before a decision is made by the Government, is imposed by the housing sector should be carried out according to the regulations of social stability risk assessment; House acquisition decisions be expropriated a large number of, Executive meeting discussed and decided by the Government. 19th city or district people's Government shall, without delay after making a housing levy decision notice.

    Notice shall set forth the rights of expropriation and compensation programmes and relief issues.

    Chapter III compensation

    20th compensation included monetary compensation and property rights Exchange.

21st compensation for expropriated persons include:

(A) the value of expropriated houses;

(B) the result of imposed housing relocations, temporary housing costs;

    (C) suspend due to imposed housing losses.

    22nd due to old town rebuilding individual residential tax, imposed on people in converted lots of property rights Exchange, is imposed by the housing sector should provide converted lots or lots of houses. 23rd be imposed on housing and property rights exchange value shall be conducted by a qualified assessment of real estate appraisal institutions.

    Assessment point for housing levy decided the date of the announcement.

    Homes assessment of specific measures for implementation, collected by the municipal housing sector law.

    24th imposed on residential housing, compensation location new normal value in accordance with the housing market, combined with the were imposing architecture and building, level, orientation, new or old and decoration assessment to determine.

    25th residential housing is imposed by the implementation of property rights Exchange, property rights Exchange set within an area of the House shall not be levied less than housing construction area.

    To be expropriated in accordance with the expropriation and compensation under the programme scope and criteria of the Housing Authority, their assessed areas exceed the imposed public housing allocation for public area is part of the price levied by the housing sector.

    To be expropriated than expropriation and compensation under the programme scope and criteria of the Housing Authority, beyond the construction area and in relatively common share price for the area by property rights Exchange assessment of housing prices, are levied by the person.

    26th has been residential housing is imposed by the implementation of property rights Exchange, the Housing Authority collection departments and is levied in accordance with these rules, housing settlement be imposed on the amount of compensation and property rights exchange of houses between the value of the price. Section 27th rents of public rental housing in accordance with Government, reached an agreement to be expropriated and the tenant, the Housing Authority is imposed by the Department shall be compensated in accordance with the agreement between the two parties; to be expropriated and the tenant does not agree, is imposed by the housing sector should be property rights Exchange, the original lease relationship intact.

    Specific measures shall be formulated separately.

    28th to be expropriated or public housing tenants only one set of residential housing, with an area of less than 46 square metres, housing design is imposed by the housing sector in accordance with the national requirements minimum dwelling area (hereinafter referred to as the minimum space standards) for rehousing or 46 square meters for monetary compensation. Implementing alterations lots or lots placed, minimum space standards within the post, collected by the Housing Department; beyond the minimum price for the dwelling area corresponds to the area, are levied by the person or the public housing tenants bear.

    Closed after the post's property to be expropriated or public housing tenant at all. Implementation of relocation, are levied in accordance with the compensation value of 46 square meters of housing settlement houses.

    Imposed on movement of housing and housing, should settle the housing post.

    Is imposed by the housing sector should enjoy the conditions prescribed in the preceding paragraph to be expropriated or public housing tenant, publicity in the scope, subject to public supervision.

29th under any of the following circumstances, be expropriated or public housing tenants do not enjoy the criteria set forth in paragraph one of this article 28th:

(A) to be expropriated or public housing tenants (including spouses) outside the range (only within the city urban planning areas) a dwelling house, as well as the sale, transfer of housing;

(B) units of housing issued by the local subdistrict offices to be expropriated or public housing tenants are not proof of residence;

(C) public objections, ascertained that does not meet the criteria;

(D) to be expropriated or public housing tenants have already enjoyed the minimum dwelling area standard treatments;

    (E) minimum space standards of treatment to be expropriated or public housing tenants, without any justified reason, is not signed within the time limit and signed a compensation agreement is imposed by the housing sector.

    30th be imposed on non-domestic monetary compensation with reference to housing levy is imposed by the date of the publication of the decision to house the location is similar to real estate market evaluating to determine.

    31st imposing monetary compensation of non-residential housing, is imposed by the housing sector should be determined in accordance with article 30th price to be imposed on people to pay compensation. Levy imposed non-domestic property rights Exchange, shall conform to the national industrial policy, the policy of land supply and project planning.

    Specific measures shall be formulated separately. 32nd be imposed on non-domestic property owners select land purchase, expropriation and compensation programme imposed on the housing sector in the 10th after the release application.

    Homes Department shall, upon receipt of the application referred to the municipal lands within the 3rd reserve institutions. Municipal land is imposed by the storage agencies receive from the Housing Department after referral from, should respond in the 15th.

    Agreed to buy into the acquisition program; does not agree or failed to reach a deal, collected by the Housing Department in accordance with these rules. 33rd article levy by Government provides rent standard rental of public non-residential housing, was levy people and tenant people reached agreement of, housing levy sector should according to both agreement be compensation; was levy people and tenant people not reached agreement and meet property replacement conditions of, housing levy sector can for property replacement, original rental relationship not variable; was levy people and tenant people not reached agreement and not meet property replacement conditions of, housing levy sector should be currency compensation.

    Specific measures shall be formulated separately.

    Unauthorized use within the scope article 34th in the operational activities of residential housing, the original registration of housing property nature. Before the implementation of these measures operational activities of residential housing, and consistent business licenses and registration sites for housing and tax records, in accordance with its actual business area, according to the time length of the appropriate compensation.

    Specific measures shall be formulated separately.

    35th expropriated houses there are disputes over property rights or right to dispute, during the term of contract is not resolved, is imposed by the housing sector housing should be relocated to be imposed on users.

    Article 36th collection of housing with mortgage, in accordance with national laws and regulations on security by the implementation.

    37th imposing houses military facilities, churches, monasteries, cultural relics and historic sites, shall be handled in accordance with relevant laws and regulations. Article 38th is imposed by the housing sector should be expropriated, the public housing tenant housing compensation agreements entered into.

    Includes compensation, compensation amounts, locations and areas used for property rights Exchange housing, relocation, temporary relocation or loss of working room, suspend, move deadlines, transitions and transition period as well as breach of contract and other matters.

    39th expropriated people choose monetary compensation, the Housing Authority collection departments shall be levied to pay 6 months temporary relocation costs. Be expropriated choice housing property rights Exchange, resolve itself in a transition period of the working space, collected by the Housing Department of the monthly payment of temporary relocation costs; collected by the Housing Department to solve the flow space without temporary relocation costs.

    Because the Housing Department responsibility is imposed by extension of the transitional period, to sort itself out of the working space, temporary relocation costs increased since the months of late 1 time, imposed on housing sector provided working premises, temporary placement since months of overdue fee is paid monthly.

    Is imposed by the Housing Department shall pay removal costs to be imposed on it. 40th is imposed by the housing sector should be ahead of scheduled relocation, relocation or choose monetary compensation, be expropriated, public housing tenants to give appropriate incentives.

    Specific measures shall be formulated separately.

    41st is imposed by the implementation of the housing should be first compensation, then removal.

    House collection Department after compensation, be expropriated, compensation for public housing tenants should be agreement or compensation within the time limit fixed by the decision to complete the relocation. No units or individuals may resort to violence, threats, or to interrupt the water supply, heat supply, gas supply, power supply and road traffic are levied illegally forced people, public housing tenants to move.

    Prohibits the employer from engaging in relocation activities.

    42nd is imposed by the housing sector and to be expropriated, public housing tenants in the expropriation and compensation programme within the contracted term no compensation agreements, or be subject to ownership are not clear, the Housing Authority is imposed by the Department shall be submitted to the same level people's Governments shall make compensation decisions, and within homes shall be published.

    Article 43rd to be expropriated, public housing tenants within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, within the time provided in the decision to move, the city or district people's Government shall apply to a people's Court for compulsory execution.

    44th is imposed by the Housing Department shall establish housing compensation files, and individual results in homes within the limits be imposed on people, public housing tenants open.

    Auditing organs should strengthen the compensation cost management and usage monitoring.

    45th performed by units of housing in acceptance within 30th of house demolition, housing to the housing management Department be imposed on registration, the original ownership certificate for cancellation.

    Housing is imposed by law, performed by units of housing in acceptance within 30th of house demolition, land and resource management to departments for land registration, land ownership certificate for cancellation.

    The fourth chapter legal liability

    Article 46th House collection of State-owned land on the housing sector and related staff in expropriation and compensation work failed to perform their duties or abuse of power, negligence, malpractice, resulting in the loss shall bear liability; directly responsible in charge and other direct liable persons shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    47th article take violence, and threat or to 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.

    48th violence, threats and other methods to prevent State-owned housing on land expropriation and compensation, penalty shall be imposed by the public security sector constitutes a crime, criminal responsibility shall be investigated according to law.

    49th article real estate price assessment institutions or real estate valuation Division issued false or 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

    50th in each County (City) houses on State-owned land expropriation and compensation can be performed in accordance with the measures. 51st these measures come into force on the date of promulgation. On April 19, 2007 published by the Municipal Government of Jinan urban housing units management (Government order No. 223) repealed simultaneously. Before the implementation of these measures has made demolition permit or has been lawfully housing project of the levy decided to continue to follow existing regulations. Need to be torn down, should be carried out according to law.