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Wuhan Houses On State-Owned Land Expropriation And Compensation Measures For The Implementation Of

Original Language Title: 武汉市国有土地上房屋征收与补偿实施办法

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Modalities for the collection and compensation of homes in the State of Warhan

(Summit No. 28th ordinary meeting of the Government of the city of Vavuhan on 24 September 2012 to consider the publication, through Order No. 234 of 3 December 2012, of the People's Government of Vavuhan, effective 10 January 2013)

Chapter I General

Article 1 protects the public interest and guarantees the legitimate rights and interests of the licensed owner (hereinafter referred to as the licensor) in accordance with the State's Ordinance No. 590 (State of State No. 590), which sets out this approach in conjunction with the provisions of the Regulations and the relevant laws, regulations.

Article 2, this approach applies to the collection and compensation of State-owned land units and individual homes within the city's administration.

Article 3. The collection and compensation of homes should be guided by the principles of decision-making democracy, due process, fair compensation and public results.

Article IV. The Government of the city is responsible for the collection and compensation of homes in this administrative area. The city's house-covered sector is responsible for the management and compensation of the city's homes.

The relevant sectors of development reform, land, planning, material prices, construction, housing, public safety, city administration, business, education, audit, inspection, tax, etc. should be used to collect and compensate the work of the house in accordance with their respective responsibilities and provisions of this approach.

Article 5 is responsible for the collection and compensation of homes in this administrative area and for the organization of home demolitions. In the area of house collection and compensation are carried out by specific organizations of the sector.

The new technology development area of the Lake Vilhan Orientale Lake, the Vilhan Economic Technology Development Zone, the Eastern Lakes Ecological Tourism Location Zone, the Vilhan Chemical Industrial Zone Management Committee (hereinafter referred to as the CMAC) is responsible for the implementation of the collection and compensation of homes in the area under its management.

Article 6. The house-covering sector may entrust the house with the specific payment of house collection and compensation. The housing leprosy sector should enter into a commissioning contract with the house-covered implementing units to clarify the rights and obligations of both parties. The house-covered implementation unit is entrusted with the payment of the corresponding work costs to the author, but not for profit.

The house-covering sector is responsible for the collection and compensation of homes carried out within the scope of the commission and for the legal responsibility for the consequences of its conduct.

Article 7 provides for the use of land and planning arguments, mapping, assessment, law, house demolitions, etc., and that the house collection sector and related units should be entrusted with the completion of the relevant professional bodies. Upon the issuance of the decision announcement, the collection of information by the specialized agencies should be made public.

Article 8. Any organization and person who violates the provisions of this approach shall be entitled to report to the concerned people's Government, the housing-covering sector and other relevant sectors. Reports should be verified and processed in a timely manner by the Government of the People, the house-covering sector and other relevant departments.

The inspectorate shall strengthen the monitoring of the Government and the relevant departments or units involved in the collection and compensation process.

Article 9. The municipality's house-covering sector should conduct training examinations for staff from the various sectors and the implementing units for operational knowledge and related legal knowledge, and staff members should be given evidence.

Chapter II

Article 10, in order to guarantee the need for public interest, such as national security, the promotion of national economic and social development, has one of the following cases in which there is a need for the collection of houses by the Government of the District:

(i) Defence and diplomatic needs;

(ii) The need for infrastructure-building, such as energy, transport and water, carried out by government organizations;

(iii) The needs 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 public use, carried out by governmental organizations;

(iv) The need for secure housing construction by government organizations;

(v) The need for changes in the old urban area by the Government in accordance with the relevant provisions of the Rural and Rural Planning Act for the concentration of endangered houses, infrastructure lagging;

(vi) Needs for other public interest under the law, administrative regulations.

For reasons such as the construction of major projects, there is a need for the collection of homes, or a decision by the Government of the city to impose homes.

Article 11, in accordance with article 10 of this approach, provides that construction activities requiring the collection of homes should be consistent with national economic and social development planning, land-use master planning, rural and urban planning and specific planning. Safeguarding the construction of SICA and the transformation of the old urban areas should be integrated into the annual plan for economic and social development of urban, regional and nationalities.

The development of national economic and social development planning, land-use master planning, rural and urban planning and specific planning should be widely consulted and scientifically valid.

Article 12. Households cover alterations in the old urban areas, and the people of the region should organize housing, construction, etc. to justify the concentration of hazardous homes, infrastructure lagging.

Article 13. The housing levy sector should determine the extent to which the State's land is charged, in accordance with the planning opinion of the planning sector.

Article 14.

The home-covering sector should notify in writing of the suspension of the relevant procedures in the area of land, planning, housing, business and public safety. The written notice shall contain a period of suspension and a suspension of the proceedings, which shall not exceed one year. The following matters shall be suspended in accordance with the responsibilities of the relevant departments:

(i) Construction, expansion and alteration of homes;

(ii) Separation of homes and land-use rights, grant and rent, and change of use;

(iii) Establishment, change and business registration of a house within the scope of the collection;

(iv) Removal, sub-householding.

Article 15. The housing levy sector should register the rights of the breadth, district, use, construction area, etc., and be co-coordinated by the licensee and the public-owned tenant. The findings should be made available to the licensee and the public housing tenants within the scope of the collection.

Article 16 Prior to the decisions taken by the Government of the People of the District to collect, plan, town and housing, etc., shall be organized to investigate, identify and deal with unregistered buildings in accordance with their respective responsibilities. No compensation shall be paid for temporary buildings that are found to be in violation of the law and beyond the period of ratification.

Surveys, confirmations and specific approaches to unregistered buildings have been collected and developed by the peoples of the various regions on the basis of the facts.

Article 17 provides for the development of compensation programmes for the same-ranking people's government. The compensation programme should include the following:

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

(ii) The purpose of house collection;

(iii) Scope of house collection;

(iv) Identification of the types of homes and the area of construction;

(v) Modalities, standards and methods of calculation for housing;

(vi) Grants and incentives criteria;

(vii) The basic situation of housing;

(viii) The selection of the housing-covering assessment body;

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

(x) The names of the authorized units of the house;

(xi) Other matters.

The Government of the people taking decisions should organize the evidence of the compensation programme and make public observations. The period of consultation shall not be less than 30 days.

The Government of the people who have taken decisions should be made in a timely manner to make requests and changes based on public opinion.

As a result of the alterations in the old urban area require the collection of homes, in the time of the request, a majority of the licensor, the occupants of the house believe that the compensation programme is not in accordance with the requirements for the collection and compensation, the Government of the people taking the decision should organize hearings with the representatives of the collector, the occupants and the public and revise the programme in accordance with the hearings.

Before taking a decision on house collection, the housing levy sector should organize a report on social stabilization risk assessment based on project circumstances. The report on social stabilization risk assessment should describe the situation of the project, from legitimacy, legitimacy, feasibility, control, etc., as well as the review of the same-level people's governments. The house was charged with more than 300 residents of the licensee, the occupants of the house, and the decisions on house collection should be discussed at the Standing Government Conference.

Until a decision was taken on house collection, the cost of compensation should be fully put in place, with exclusive storage and specialization.

Article 20 shall be communicated in a timely manner after the decisions taken by the Government of the city or the district. The announcement should contain matters such as the payment of compensation programmes and administrative review, the right to administrative proceedings, the duration of the period.

The city, the people of the region and the housing sector should be informed and interpreted by the house.

Houses are levied by law, while the right to land is recovered at the same time, and homes, land administrations can direct write-off procedures in accordance with the payment agreement or compensation.

Article 21, the licensee, the occupants of public housing, may apply for administrative review in accordance with the law or administrative proceedings.

Chapter III Compensation

Article 2 The owner registered by the licensee on the date of the decision sheet is lawfully valid, and the owner of the house's tenant is subject to the rent of a public housing certificate.

The area of construction and house use of the house collected is subject to the mark of the home ownership certificate issued by the housing registration agency; the unmarked statement of the home ownership card or the indication that it is not consistent with the home registry to the extent and purpose indicated in the home registry.

Article 23. The house shall be charged in accordance with different circumstances, with the payment of the following compensation under the terms of the licensee or the public tenant:

(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.

Article 24 compensation for the value of the house collected shall not be lower than the market price for the property of the house that was charged on the date of the decision of the house.

The value of rented homes and property transfers is determined by the assessment of the property price assessment body selected under this scheme, which is the date of the decision-making announcement for the house.

The value of the housing assessment shall be subject to a review assessment from 10 working days from the date of the assessment of results announcement or receipt of the assessment results. The Committee of Experts on Real estate Price Assessment of the Association of Real estate Evaluators should apply for identification within 10 working days from the date of receipt of the review.

Article 25 Upon the issuance of the decision announcement, the housing levy sector should organize, in a timely manner, a licensee, a public house tenant to select a real estate price assessment institution in a consultative manner; the consultation was unconducted by the house through the organization of the collector, a public house tenant to vote in accordance with the principle of a limited number of disobeys to the majority, or be determined by an open, drawing lot. Accreditation should be made by the public evidence body on the ground, as determined by the cradle and drawing of lots. The housing levy sector should be made public by the selected real estate price assessment agencies.

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

Article 26 The licensee may choose monetary compensation or may choose to relocate home property. The public house was charged and the compensation method was chosen by the occupants.

The choice of housing property transfers should be made, and the housing levy should provide property-removable homes and address the difference in the value of the house collected and the value of the property transfer.

Individual houses were released in the old urban area and were chosen to relocate home titles in the alterations, should be made available either in the alterations or in the nearest paragraph, and in accordance with the housing value.

Under article 27, the housing levy should pay the relocation fee to the licensee or the public housing tenant. The relocation rate is established by the Governments of the various sectors in reference to market prices.

Article 28 imposes residential homes, office houses and other non-productive housing units, selects home property transfers, and the property transferee shall pay temporary accommodation compensation payments or provide swing houses. In the choice of monetary compensation, the housing levy sector should pay a one-time payment for temporary settlement compensation for the three-month period of the distributor or the public housing tenant.

The temporary accommodation compensation rate is determined by the selected real estate price assessment body based on this scheme, on the basis of the cost assessment of rental prices for similar property markets collected by the house, at the time of the assessment, on the date of the decision of the house. More than the transitional period agreed upon by the Compensation Agreement, the transfer of property is not delivered, and temporary settlement compensation payments should be paid in accordance with an additional 50 per cent standard.

Article 29, Reimbursement for the indoor dressing in the house was determined by the consultation of the disbursed parties, which could be entrusted to the assessment of the real estate price in accordance with this scheme.

Article 33 imposes on the production of commercial properties, resulting in the loss of the sanctuary or public-owned tenant, and shall be compensated by the licensee or the public-owned tenant for the value of the house.

In the opinion of the licensee or the occupants of the house, the loss of their suspension was more than 5 per cent of the estimated value of the house collected, which could be brought to the house for the assessment of the loss of the lifetime industry, in accordance with the benefits of the three years before the house was collected, the duration of the suspension and compensation for the results. The choice of monetary compensation is based on the six-month period for the suspension of the production of property, which is calculated at the time of transitional settlement.

Article 31 Production units or individuals who have been charged with the house are not licensed, occupiers of the public house and are disbursed for loss of the lifetime industry in accordance with their agreement with the licensee and the occupants of the public home, and compensation for the value of the repair.

Article 32, which collects personal residences, the licensee and the occupants of the house themselves change the use of the house as a productive operating house, shall be compensated in accordance with the home. However, prior to the publication of this approach, the home has been used as a commercial gate and, with the residence as a registered address, a business business business business licence may be granted adequate subsidies for its part actually used to operate, which in principle does not exceed 50 per cent of the price difference between the commercial gate and the housing market assessment rate, with specific criteria developed by the peoples of the various regions.

Article 33 quarants of a house and a occupier of a house may receive compensation, in accordance with the condition of the housing change, shall be renovated, and the housing levied sector pays compensation for the renovated owner and enters a compensation agreement with the owner; and incompatible with the condition of the housing, the remedy and criteria are as follows:

(i) The choice of monetary compensation, the termination of the lease relationship, the payment of 90 per cent of the value of the house collected, the compensation paid to the licensee for 10 per cent of the value of the house, and the housing levy agreement with the licensee and the public housing tenant respectively.

(ii) The choice of property transfer, the housing leasing agreement with the licensee to enter into a home property transfer agreement with the licensee, the licensee and the public housing tenant to enter into a housing lease agreement and to maintain the lease relationship.

Article 34 quarants of public non-residential houses, which are charged with the choice of property transfers, the house collection sector signed a housing property transfer agreement with the licensee, and the licensee entered into a lease agreement with the public housing tenants and continued to maintain the lease relationship.

The licensee opted for monetary compensation, the termination of the lease relationship, the payment of compensation for 70 per cent of the value of the house by the occupants and 30 per cent of the value of the house. The house-covered sector has entered into compensation agreements with the licensee and the public housing tenants.

Article XV of the charging sector has been granted by law to host, escrow, or by the housing sector, to the owner's private property, denunciation, and the house has been paid compensation to the owner of the house in accordance with 100 per cent of the property collected.

Article XVI levying all houses of religious groups, the house collection should seek the views of religious affairs management and enter into reparation agreements with religious groups.

All houses of religious groups, which are rented by public houses, can be implemented in accordance with the relevant provisions of article 35 of the scheme.

Article 37 imposes a mortgage-holders and the mortgage-holders shall consult on the treatment of mortgage rights and their guaranteed claims, in accordance with the State and the collateral provisions of this city.

The mortgage-collection-collection-collection agreement was concluded, and the housing levy sector should be compensated by the agreement. Inadequate agreements, the housing levy sector provides monetary compensation to the licensee, which should be made available to the public witness bodies; the transfer of property rights to the licensee may change the mortgage.

Article 338 provides for relocation incentives for a transferee or a occupant of a transferee or a public house. Specific incentives are determined by the peoples of each region.

Article 39 imposes personal housing and is subject to monetary compensation by the collector or a public tenant, which may grant subsidies in accordance with the criteria not exceeding 20 per cent of the estimated value of the house, with specific criteria developed by the peoples of each region.

Article 40 collects private houses or public houses, with a construction area of less than 30 square meters (in relation to house ownership, consolidation of the area of house buildings with tenancy rights), the licensee, the occupants of public housing, and payment of compensation in accordance with 30 square meters, in order to meet the following conditions:

(i) No policy on housing reform or housing security;

(ii) The licensee, the occupants and spouses of the public houses who have no property rights in the city or rented houses within two years before the date of the decision-making announcement.

The lessee is in accordance with the terms of the preceding paragraph, which exceeds the monetary compensation for the portion of the area covered by the house, which is paid to the lessee by the house.

Article 40 quantification factor for the area of house construction is lower than that for the rental of housing buildings, and additional construction benefits should be provided to the licensee or the public rentalee. The construction area grant does not in principle exceed 10 per cent of the area covered by the house. At the 9th and below, the rental of houses was 18 and above, and the construction area grant did not in principle exceed 12 per cent of the area covered by the house.

The specific criteria for the provision of construction field assistance are determined by the Governments of the various regions on the basis of the actual project.

Article 42 imposes personal residences, the licensee, the occupants of the house, in accordance with the housing security conditions, and the municipalities that make decisions on house collection and the territorial Government should give priority to housing security.

Vulnerable benefits are granted to families with minimum living security in the breadwinner, and persons with disabilities. Specific subsidies are developed by the peoples of each region.

Article 4313 Enrollment of compulsory education after the departure of the charging of the occupants, the occupants of the house may choose one year to continue to be enrolled in the place of origin in the six-year period in accordance with the scheme of admission, or in the near-school school enrolment of the executive branch of the renunciation.

(b) Applications to the relocation of the local civil affairs sector, in accordance with the provisions of the regulations, for persons who have suffered the minimum living security;

Article 44 states that the housing levy sector shall enter into reparation agreements on matters such as compensation, compensation and payment period, place and area for property transfer, relocation expenses, temporary settlement indemnities or swinghouses, loss of the lifetime industry, relocation period, transitional modalities and transition period, in accordance with the provisions.

After the agreement was concluded, the party was not in compliance with the obligation agreed upon by the Compensation Agreement and the other party could sue by law.

Article 48 fifiers, occupants of public housing less than 800 households, signed for a period not exceeding three months; over 800 (800 households) for a period not exceeding six months. The duration of the contract was calculated from the date of publication of the results of the house assessment.

Article 46 states that the house collects no compensation agreement within the time frame established by the scheme for the collection of compensation, or that the owner of the house is unambiguous, and that the Government of the people who are asked to make decisions on house collections, in accordance with the provisions of the Regulations and the present methodology, shall make compensation decisions in accordance with the compensation programme and shall be issued within the scope of the house collection.

Compensation decisions should be fair, including matters relating to the compensation agreement provided for in article 44, paragraph 1.

An expropriated, public-owned tenant may apply for administrative review under the law or administrative proceedings in accordance with the law.

The Government of the people who have decided to impose a house shall be compensated by the licensee and the occupants of the public house and the occupants shall complete the relocation within the time period determined by the agreement or the settlement.

Any unit or person shall not be subjected to violence, threats or unlawful means of disrupting water supply, heating, heating, electricity and road traffic, and forced the movement of the licensee, the public and the tenant. Construction units are prohibited from engaging in relocation activities.

Article 48 Eighteen, the public and private tenants do not apply for administrative review or for administrative proceedings within the statutory period, without relocation within the period specified in the compensation decision, and the Government of the people whose decisions are taken on the basis of the law apply to the People's Court for enforcement.

Before applying for the enforcement of the People's Court, a written reminder of the obligation to move was carried out by the licensee and the public-owned tenants.

The application for the enforcement of the People's Court should be made in accordance with the relevant documentation for the award of compensation, the basic situation of the applicant, the amount of compensation and the collection of royalties, the location and area of the property transfer and swing house.

Article 49 confirms that the home has been collected separately from the urban home.

Article 50 states that the housing leakage shall be established by law and shall be made available to the licensee and the public housing tenant within the scope of the house.

The audit body should enhance oversight of the management and use of the compensation cost and make public the results of the audit.

Chapter IV Legal responsibility

Article 50 provides that staff members in the city, the territorial Government and the housing-covered sectors do not perform their duties under this scheme in the collection and compensation process, or abuse of their duties, play, favouring private fraud, are criticized by the unit of the institution or by the superior authorities; liability for damages is vested in the law; penalties are imposed for the direct responsible and other direct responsible personnel; and criminal responsibility are held in accordance with the law.

Article 52 imposes the displacement of licensees, public rentals, resulting in loss of liability under the law, in violation of the provisions of the prohibition of water supply, heating, heating, electricity and road movement, and imposes liability under the law; imposes criminal liability on the competent and other direct responsible personnel responsible for direct responsibility; is not criminalized by law; is not a criminal offence punishable by law; constitutes a violation of the management of the security sector.

Article 53 imposes on the property of the house and the licensee, the public and private tenant without a compensation agreement or the municipality, the Government of the District, without any compensation decision, the imposition of an enforcement unit violates the provisions, imposes on the demolition of the licensee, the public housing tenants' homes, resulting in the loss of liability under the law, and imposes criminal liability on the competent and other direct responsible personnel directly responsible.

Article 54 quarantes and public housing tenants should preserve their legitimate rights and interests by lawful means. The use of violence, threats, etc., impedes the collection and compensation of houses under the law, constitutes criminal liability under the law, and constitutes a violation of the management of the law and punishes the administration of justice.

Article 55, corruption, misappropriation, separation, default and payment of compensation expenses, is correct, recovering the relevant payments, refunding the proceeds of the violation and informing the responsible units concerned of criticism, warning; causing loss to be borne by law; liability for the direct responsible and other direct responsible personnel, constituting criminal liability under the law; impunity is not yet constituted for the offence; and is not punishable by law.

Article 56 of the Real estate price assessment body or the owner of the property valuation report, which is false or materially misusory, is punished in accordance with the State's regulations relating to the valuation of property and the management of the registered owner of the real estate; the loss is subject to legal liability; and constitutes an offence punishable by law.

Chapter V

Article 57 of this approach refers to the establishment of rental relations with the public housing owner or the manager and the implementation of the government-mandated tenants for standard rentals, with the exception of the tenants of public rental housing and affordable housing.

Article 58 imposes personal residences, unitary homes, and the relevant sector may grant relief to the licensee and the public housing tenants in accordance with the relevant provisions.

Article 59 of the law, legislation and regulations impose additional provisions for the collection of foreign consular houses, military facilities, monuments, historical cultural protected buildings, in accordance with the relevant provisions.

Article sixtieth approach has been implemented effective 10 January 2013. The Modalities for the eviction of homes in the city of Vavhan, published on 8 February 2002, were also repealed. Projects that had previously been granted permission to house demolitions prior to the operation of the Regulations continued to be governed by the original provisions, but no evictions were prohibited by the relevant departments.