Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Means of house collection and compensation for the lands of the Principality

(The 30th ordinary meeting of the Government of the Overseas Territories, held on 18 July 2013, considered the adoption of Decree No. 248 of 20 July 2013 on the date of publication)

Chapter I General

Article 1, in order to regulate the collection and compensation activities of State land, preserve public interest and guarantee the legitimate rights and interests of the licensee of the house, develop this approach in the light of the National Land-Based and Compensation Regulations.

Article 2

Article 3. The Government of the city, the people of the region is responsible for the collection and compensation of State-owned land.

The urban and rural construction authorities and the sectors established by the Government of the People of the Region (hereinafter referred to as the house-covering sector) are responsible for the organization of home collection and compensation in the territories of the State.

In accordance with their responsibilities, the sectors such as rehabilitation, land resources, planning, urban administration, housing security management are jointly equipped with the collection and compensation of homes on State land.

Article IV. The house-covering sector may entrust the house with the implementation unit and assume specific work on the collection and compensation of State-owned land. The house-covered implementation units shall not be used for profit.

Article 5 The municipal housing levy sector should conduct regular legal policy, expertise training for persons engaged in house collection and compensation.

Article 6. The Government of the city recognizes units or individuals that have made a prominent contribution to the collection and compensation of homes in the State.

Chapter II

Article 7 is one of the following cases, where there is a need for the collection of homes, and is determined by the municipality and the people of the region:

(i) Defence and diplomatic needs;

(ii) Implementation of infrastructure-building needs, such as energy, transport and water, by governmental organizations;

(iii) The implementation by governmental organizations of public utilities, such as science and technology, education, culture, health, sports, environment and resource protection, disaster risk reduction, material protection, social welfare, and municipal utilities;

(iv) The Government organizes the implementation of the requirements for the construction of SICA;

(v) The Government implements the need for the alteration of the old urban area in accordance with the local urban and rural planning organizations of the city, in accordance with localities such as the concentration of endangered houses, the backward infrastructure;

(vi) Laws, administrative regulations stipulate other public interest needs.

Article 8. The home-covering sector should prepare, in accordance with the law, an annual plan for the collection of homes on State land. Construction projects such as Safeguarding Synergies and the concentration of endangered houses, alterations in the old urban areas where infrastructure is lagging, require the collection of homes and should be included in the annual national economic and social development plan.

The project implementation unit of Article 9 requires the collection of homes by law, and shall submit requests to the housing sector and submit the following materials:

(i) Pre-planning reports for the project;

(ii) Feasibility studies;

(iii) Report on the implementation of housing and compensation funds.

The construction of houses should be required in order to meet national economic and social development planning, land-use master planning, rural and urban planning and specific planning to renovate, land resources and the planning sector. The conversion, land resources and the planning sector should have written advice within 10 working days of the receipt of the request.

Article 10 is in line with article 7, subparagraphs (i) to (iv) and (vi) of this approach, which requires the collection of homes, and the provision of housing is determined by the house-covering sector on the basis of the building-planning advice.

In accordance with article 7, subparagraph (v) of this approach, house collection is required, and the housing levied sector will determine the scope of house collection with sectors such as regeneration, planning, land resources.

Article 11. The house-covering sector shall issue a freezing notice within three days of the house's coverage.

No units and individuals shall be allowed to change housing and land use in the area of collection of new construction, expansion, alteration, recreation of homes and subsidiarys.

The housing levy shall be accompanied by a written notification to the relevant authorities to suspend the proceedings of the matters listed in the preceding paragraph. A written notice of the suspension of the proceedings shall contain a period of time. The duration of the suspension shall not exceed one year.

After a decision on house collection, the housing levy shall inform the relevant authorities of the suspension of the proceedings relating to the matters set out in paragraph 2 of this article before the completion of the project construction activities.

Article 12

(i) Abstract and abductor of homes;

(ii) Deport and sub-householding. However, for reasons such as marriage, birth, repatriation, re-entry of military service and the full release of the sentence, the exception must be taken into account.

(iii) Establishment of new housing rental relations, disaggregated by changes in the number of public rental households;

(iv) New establishment and modification of business registration and business registration units, social groups registration;

(v) Other acts resulting in improper increases in compensation costs.

Article 13. The housing levy sector should register the rights of the house, the place, the use, the construction area and the facilities, etc., and the licensee should cooperate. The results should be made available to the licensee within the scope of the house.

Unregistered buildings should be investigated, identified and processed in accordance with the law, prior to the release of the compensation programme. It was determined that compensation should be given to legitimate buildings; it was found that no compensation would be paid for unlawful buildings.

Article 15. The housing leprosy sector should develop a compensation programme for the same-ranking people's government, which is published by the same-level people's government in the context of the relevant sectoral arguments. The period of consultation shall not be less than 30 days.

The compensation programme includes the following:

(i) The legal basis for house collection and compensation;

(ii) The purpose of house collection;

(iii) Scope of house collection;

(iv) The house-covered sector, house-covering units, home-based assessment institutions;

(v) The duration of the contract for the payment of compensation to homes;

(vi) Modalities and methods of calculation for housing;

(vii) Basic conditions for property transfer;

(viii) Approval and various types of subsidies;

(ix) Modalities for relocation and transition periods;

(x) Other matters.

Article 16 Governments of the city or area will be made available in a timely manner on the status of their comments and on the basis of changes in public opinion.

As a result of the alterations in the old city area, more than 50 per cent of the charging programme is considered to be incompatible with the National Land Collection and Compensation Regulations and the scheme, the Government of the city or area organizes a hearing by the collector and public representatives and revises the programme in accordance with the hearings.

Article 17 provides for compensation costs, mainly for money compensation and for property transfer.

Funds for monetary compensation and their subsidies and incentives should be fully put in place before the decision was taken by the house, exclusive storage, exclusive provision.

In the delivery of the home for the transfer of property, it should be in line with the quality safety standards of the State and with the clarity of property rights and the absence of a rights burden.

Prior to the decision of the Government of the city or area to collect housing, the housing levy sector should organize a social stabilization risk assessment according to the provisions; the decision on house collection relates to the number of persons who have been stolen was discussed by the Standing Government Conference.

The Government of the people of the city or area shall be given a timely notice after the decision to impose a house. The announcement should contain matters such as the payment of compensation programmes and the means of redress.

Chapter III Compensation

Article 20 provides for currency compensation and property transfer.

Article 21 Compensation for the person charged includes:

(i) The value of the house collected;

(ii) Removal and temporary settlement costs resulting from the collection of homes;

(iii) Lossss caused by theft of homes.

The second article is due to the alteration of personal homes in the old urban area and the choice of the person to redeploy the home property in the releasing paragraph, which should provide a replanatory paragraph or housing in the nearest paragraph.

Article 23. The value of the house collected and used for the transfer of property shall be determined by the assessment of the real estate price assessment body with corresponding qualifications. At the time of the assessment, the date of the decision-making announcement for the house was taken.

The specific means of implementation of the housing collection are developed by the municipality's house-covering sector.

Article 24 of the stolen housing house, which is defined in the context of the assessment of factors such as the collection of housing structures, levels, orientation, oldness and meals, are determined in accordance with the new construction of common commodity residential market prices in the area covered by it.

Article 25 provides for the introduction of property transfers in the home, and the area of the building in the house for which the property is transferred shall not normally be less than the area covered by the house.

The licensee, in accordance with the scope and standard options set out in the compensation programme, uses a public assessment area that exceeds the cost of the charging portion of the area covered by the house.

In addition to the scope and standard options provided for in the compensation programme, the licensee assumes the burden of the expropriation of the price of the housing assessment in excess of the set-up area and its relative rated area.

Article 26 redeployed home houses, and the housing levy sector should be closed with the licensee, in accordance with the provisions of this scheme, between the amounts paid for housing and the value of the property transfer.

Article 27 imposes public housing rental under the Government's prescribed rental standard, which is agreed upon by the licensor and the lessee, which shall be compensated in accordance with the agreement between the parties; the licensee does not agree with the lessee, and the housing leasing sector should be relocated to property and the original lease relationship. Specific approaches are developed separately.

Article 28 quarantor or occupants have only a set of houses and a small area of construction is 46 square met, and the housing-covering sector is designed for a minimum set of areas (hereinafter referred to as the minimum set of size criteria) or monetary compensation for 46 square meters of the building area.

In the area of alteration or settlement of the near-Earth paragraph, the minimum cost of the area is borne by the housing-covered sector, which exceeds the cost of the minimum set-up area, and is borne by the licensee or the public-owned tenant. The property rights of the home after the closing of the price are owned by the collector or the public housing tenant.

In order to make a difference, there is a considerable amount of housing in accordance with the compensation value of 46 square meters of the area covered by the house. There is a difference in the number of houses collected and housed houses, which should be closed.

The housing leprosy sector should be subject to the conditions set out above or to the renter of the house, which shall be subject to social oversight within the scope of the collection.

Article 29 is one of the following cases where the licensee or a public housing tenant does not enjoy the criteria set out in article 28, paragraph 1, of this scheme:

(i) The licensee or the occupants of the house (with the spouse) is also housed outside of the scope (with the restricted urban planning area only) and the transfer of property, such as sale;

(ii) The unit of the house or the place of the house's neighbourhood's street offices did not receive the certificate of residence;

(iii) Exclusively and validly non-compliant;

(iv) The licensee or the public housing tenants have enjoyed the minimum standard of living;

(v) The licensee or a public house tenant who enjoys the minimum set of field standard treatment, without the justification for having signed a compensation agreement with the housing-covering sector within the time of the contract.

Article 33 is charged with leasing the price of non-residential housing money, which is determined in the light of the assessment of similar real estate market prices in the area covered by the house on the date of the decision-making declaration.

Article 31 imposes monetary compensation for non-residents, and the housing levy shall pay compensation to the person charged at the price determined in article 30 of this scheme.

The introduction of property transfers by non-residents should be consistent with national industrial policies, land supply policies and project planning. Specific approaches are developed separately.

Article 32, which was charged with the option of land acquisition by non-resident property owner, could apply to the house for 10 days after the release of the compensation programme. The housing levy sector should be transferred to the municipal land storage institution within 3 days of receipt of the request.

Upon receipt by the municipal land deposit agencies of an application received from the house-covered sector, responses should be made within 15 days. It is agreed that the acquisition process is entered; does not agree with the acquisition or failure to reach the acquisition agreement, and is implemented by the house-covering sector in accordance with this approach.

Article 33 quarants of public non-residents that are rented by government-provided rental standards, which are agreed by the licensee and the lessee, shall be compensated in accordance with the agreement between the parties; the licensee has not reached an agreement with the lessee and is in accordance with the terms of the transfer of property, the housing leakage sector may be able to carry out a transfer of property to the original lease relations; the licensee has not reached an agreement with the lessee and is not in accordance with the terms of the transfer of property, and the housing levy sector should be compensated. Specific approaches are developed separately.

Article 34 determines the nature of the registration of property rights in the original house, where the home has been used to operate.

The use of residential homes prior to the implementation of this scheme is carried out and is consistent with operating licences and house registration sites and with tax records, and, in accordance with their actual area of operation, the compensation is appropriately increased in accordance with the length of the tax time. Specific approaches are developed separately.

Article XV, which is charged with property disputes or the use of power disputes, has not been resolved within the time of the signing, and the housing levy sector should temporarily accommodate the licensee of the house.

Article XVI imposes homes with mortgage rights, in accordance with the State's laws, regulations and regulations relating to security.

Article 37 covers military facilities, churches, temples and monuments, and is governed by the relevant laws, regulations.

Article 338 The house-covered sector should enter into a home-based compensation agreement with the licensee and the public housing tenant. The main elements include compensatory modalities, compensation amounts, location and area for property transfer, relocation costs, temporary settlement fees or swinghouses, loss of lifetime, relocation period, transitional modalities and transition periods and default responsibilities.

Article 39, which was charged with choosing monetary compensation, should be paid to the licensee for a six-month temporary settlement fee.

The licensee chooses to relocate home titles, to resolve the swing house within a transitional period, to pay temporary settlement fees by the house-covered sector in a monthly manner, and to resolve swinghouses by the house-covering sector without paying temporary accommodation fees. Since the responsibility of the housing levy sector extends to the period of transition, the temporary settlement of swing houses has doubled since the late month of temporary accommodation and the provision of swing houses for the house-covering sector, which has been paid on a monthly basis.

The housing-covering sector should pay relocation fees to the licensee.

Article 40. The house-covered sector should provide appropriate incentives to those who have been displaced, moved in advance or opted for monetary compensation, as well as public housing tenants. Specific approaches are developed separately.

Article 40 imposes on homes that should be compensated and moved.

After the compensation provided by the house, the requisitioner and the public housing tenant shall complete the relocation within the period determined by the agreement or the compensation decision.

No unit or person shall be subjected to violence, threats or unlawful means, such as interruption of water supply, heating, heating, electricity and road traffic, to forced the movement of the licensee, the public-owned tenant. Construction units are prohibited from engaging in relocation activities.

Article 42 states that the house collects no compensation agreement with the licensee, the public house tenant within the time of the contract established by the Compensation Programme or the unambiguous owner of the house, and that the house collection shall be reported to the Government of the same people to make reparation decisions in accordance with the law and to make a notice within the scope of the house.

Article 43 XIII does not apply for administrative review or administrative proceedings within the statutory period of time by the licensee and the occupants of the public house, which are not relocated within the time period specified in the compensation decision, and the Government of the city or area shall apply by law to the enforcement of the People's Court.

Article 44 states that the housing leakage shall be established by law to collect compensation files and that the results of the sub-family compensation shall be made publicly available to the licensee and the public housing tenant within the scope of the house.

The auditing authority should enhance oversight of the management and use of compensation charges.

Article 42 Execution units shall, within 30 days of the date of the demolition of homes, be given to the housing security administration to conduct the write-off registration process for the licensed house and to receive the original housing rights certificate.

Households are levied by law, and within 30 days of the date of the demolition of homes, the land resource management shall conduct a land-use write-off registration process for the release of the original land rights certificate.

Chapter IV Legal responsibility

Article 46 quarants and related staff are not performing their duties with regard to house collection and compensation in the State's land, or abuse of their functions, insecure, instruction, in favour of private fraud, causing loss to be borne by the law, and that they are treated in accordance with the law by the competent and other persons directly responsible, and that they constitute criminal responsibility.

Article 47 imposes a person's relocation by violence, threat or unlawful means, such as interruption of water supply, heating, heating, electricity and road movement, resulting in a loss under the law, and is liable under the law; imposes a criminal responsibility on the person responsible for direct responsibility and other direct responsibilities; does not constitute a criminal offence; and is not criminalized by the law and disposed of by the law; constitutes a violation of the law management.

Article 48 imposes methods such as violence, threats, which impede the collection and compensation of State-owned homes, which are punishable by law by the public security sector; constitute crimes and hold criminal responsibility under the law.

Article 49 of the report of the assessment of real estate price assessment body or the real estate valuationr of a false or significant error, which is redirected by the issuance of a warrant, gives warnings, pays damages to the real estate price assessment institution and pays a fine of up to 200,000 dollars, fines for the valuation of the property and accounts for more than 30,000 dollars of the value of the property and are recorded in the credit file; in exceptional circumstances, the release of the certificate, the registration certificate, resulting in the loss, liability under the law, and criminal liability.

Chapter V

The collection and compensation of State-owned homes in Article 50 (market) can be carried out in the light of this approach.

Article 50 is implemented since the date of publication. The Modalities for the Removal of Urban Housing in the city of Francis (No. 223 of the Municipal Government Order) were also repealed on 19 April 2007. The projects that had previously obtained a permit for demolition or had been decided by the law to impose a house continued to follow the original provisions. The need for forced removal should be carried out by law.