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Hebei Province, The State-Owned Housing On Land Expropriation And Compensation Measures For The Implementation Of

Original Language Title: 河北省国有土地上房屋征收与补偿实施办法

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Modalities for house collection and compensation for land in the State of the River

(The 106th ordinary meeting of the Government of the Northern Province of the River 12 June 2012 considered the publication, effective 1 August 2012, of the Order of the People's Government of the Northern Province of the River 26 June 2012.

Chapter I General

Article 1 provides for the regulation of State land collection and compensation activities, the maintenance of public interest, the guarantee of the legitimate rights and interests of the licensee of the house, the collection and compensation of the house on the State's land (hereinafter referred to as the Regulations) and the development of this approach in the light of the practice of the province.

Article 2 applies to the imposition and compensation of homes on State land within the territorial administration.

The Government of the last-tier people should strengthen the supervision of the Government's house collection and compensation.

The provincial Housing and Rural Construction Office should strengthen the guidance on housing collection and compensation implementation with the relevant departments of the Provincial Office of Finance, the Ministry of Land Resources and the Provincial Development Reform Commission.

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

Article IV provides for the collection and compensation of homes in this administrative area, in the city, in the district and in the territory.

The house-covered sector (hereinafter referred to as the house-covered sector) established by the Government of the People's Government in the districts, districts (markets, districts) organizes the collection and compensation of homes in this administrative area.

The relevant sectors of the Government of the communes (markets, districts) in the districts should work together to ensure the smooth conduct of house collection and compensation, in accordance with the provisions of this approach and the division of responsibilities of the current people's Government.

Article 5. The house-covering sector may entrust the house with the implementation unit and assume specific work on house collection and compensation. The executive unit of the house shall not be used for the purpose of profit, its nature and the provision of funds shall be determined by law by the Government of the people of the municipality of the establishment, the city, the district and the district.

The house-covering sector has commissioned the operation of the implementing units, and a letter of entrusting the agreement should be made to specify the scope, competence, duration, funding and other relevant elements.

The personnel carrying out house collection should participate in training on legal knowledge and operational knowledge organized by the house and be given evidence after the examination of qualifications.

Chapter II

Article 6 requires the collection of homes due to the need for public interest, which is determined by the Government of the people of the municipality of the establishment, the city, the district and the district, and should be issued in a timely manner. The announcement should contain matters such as the payment of compensation programmes and administrative review and the right to administrative proceedings.

The home was levied by law and the State's right to land was recovered simultaneously.

Article 7. The housing levy sector is responsible for the development of compensation programmes, which are reported to the municipalities, districts (communes, districts). The Government of the people concerned should organize the evidence of the compensation programme and make public observations available within the scope of the collection. The period of consultation shall not be less than 30 days.

Governments of the municipalities, districts (communes, districts) in the area should be made available in a timely manner for requests for public advice and compensation programmes adapted to public opinion.

Article 8. The Government of the communes (communes, districts) should organize hearings with the representatives of the distributors and the general public, and modify the compensation programme in accordance with the Regulations and the provisions of this approach.

Prior to the decision taken by the Government of the communes, districts (communes, districts) in the area, social stabilization risk assessments should be conducted in accordance with the relevant provisions. The decision on house collection relates to the number of people who have been collected and should be taken up by the Standing Government Conference.

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

Prior to the decision taken by the Government of the People of the Zone, Regions (communes, areas) to impose a house, the relevant authorities shall organize investigations, determinations and treatment of unregistered buildings, constructions in accordance with the laws and regulations. Reimbursement should be made to the temporary buildings that are determined to be legitimate and have not been exceeded for the duration of approval; no compensation shall be paid to the temporary buildings that are found to be in conflict with the law and exceed the authorized period.

Chapter III

Article 11. The licensee chooses to redeploy the property rights of the house, the city, the communes (communes, districts) and the Government of the people of the establishment area should provide housing for the transfer of property, and to calculate, clear the value of the house collected and the price for the transfer of housing value.

As a result of the releasing of individual homes in the old urban areas, the people's Government should provide a replanatory paragraph or housing in close proximity to the land.

Article 12 Removals in house rooms, relocation costs such as machine equipment, goods, etc., as well as compensation for the loss of the lifetime industry, are determined in consultation with the parties; consultations do not exist, and parties such as the house collector, the licensor and the lessee may entrust the assessment of the appropriate qualifications.

Article 13. Reimbursement for loss of life by the licensee shall be in accordance with the following conditions:

(i) The right of the house to be charged with a housing certificate or a legitimate building determined by the relevant authorities;

(ii) Theft of houses as non-residents;

(iii) Licence of a lawful, effective licence of business or other related production of an administrative licence, as well as a licence of business or other related production of a residence (the place of business) as provided for in the administrative licence process;

(iv) Tax registration and tax vouchers have been processed.

Article 14. Compensation for loss of life caused by theft of homes shall be compensated for the actual property losses incurred by the house. The calculation of losses resulting from the suspension of homes should be based on tax conditions, scale of operation, duration of the suspension.

The collection of homes has resulted in the suspension of the work, and the provision of a living allowance to employees who have been suspended. The employee's monthly allowance for the suspension was calculated at the average salary rate of the local community; the number of its employees who were suspended was calculated by the average monthly number of workers who had paid social insurance for 12 months prior to the release of the decision; and the payment of the life allowance for the suspension was calculated for six months.

In the event of non-residential housing, the person's choice of monetary compensation was calculated on a temporary settlement fee for the house charged for a period of six months; the licensee's choice of property transfers, the temporary settlement compensation for the house charged was calculated at the actual time.

Article 15. The licensor of the production of rented homes under the law and the lease contracts are not due to expire, and the cost of compensation for the loss of the lifetime industry should be distributed in accordance with the agreement between the producer and the licensee; without agreement, the housing levy sector could compensate the producer directly for the loss of the productioner's suspension.

Article 16 imposes personal residences, which are subject to urban housing security conditions, and the people's Government shall give priority to housing guarantees in accordance with the following principles:

(i) Execution of monetary compensation, which belongs to a low-income household and with a total housing area of less than thirty square meters, is compensated by 30 square meters and is subject to conditions after compensation, giving priority to housing security;

(ii) The introduction of a transfer of property, which is based on the real estate market assessment price, determines the cost of compensation for the house charged and redeploys housing, but the total area of the post-removal housing is no less than thirty square meters, with a total area of low-income households and a total housing building area of less than thirty square meters, with no expropriation of property payments, and more than a portion of the expropriation of the price of the real estate market.

For low-income households that are unable to pay the price, the housing they have been transferred could be covered by a proportion of the Government of the people of the established area, the city, the city, the district, the area, the licensee should pay rents to the owner on the part of the guarantee of non-self-ownership in the standard and the portion of the non-self-ownership of the standard. The licensee may be purchased at market prices at the time of re-purchasing.

Article 17 provides for the sale of homes in accordance with the standard price determined by the urban housing system reform policy, and the purchaser shall be co-treated. The author's claim for monetary compensation should be compensated separately by the housing levy sector according to the proportion of the property set out in the home title certificate; the licensee's claim for a transfer of property and the proportion of property rights should be indicated when the property is registered for the house.

Article 18 provides for public housing that is permitted under the reform policy of the urban housing system, and the lessee may enter into a settlement agreement with the housing leasing sector after the purchase of housing under the urban housing system reform policy; and redeploy the property owner's property rights in accordance with the reform policy of the urban housing system and redeploy the lease of the property owner by the lessee and the lessee shall re-establish the housing lease contract in accordance with the compensation scheme.

Article 19 Planning, construction should be based on a housing compensation settlement programme, taking fully into account the views of the collector and the house-covered sectors.

The house-covered sector provides the persons who have been used to house the house, which should be in line with the basic housing standards set by the State Department's Housing Rural and Rural Construction authorities and have basic living conditions such as water, heating and electricity.

Article 20 provides that the housing levy and the licensee shall, in accordance with the provisions of the Regulations and this scheme, enter into a compensatory agreement on matters such as the manner of compensation, the amount of compensation and the period of payment, the location and area used for the transfer of property, the relocation rate, the temporary settlement indemnity or the swinghouse, the loss of the lifetime, the relocation period, the transition and the transitional period.

After the entry into force of the Compensation Agreement, the parties of one party do not meet the agreed obligations of the Compensation Agreement, and the other party may sue by law.

Article 21 imposes on homes that should be compensated and moved.

Upon payment of compensation by the Government of the municipality, the district (communes, districts) where the decision was taken on the house, the licensee shall complete the relocation within the time period determined by the compensation agreement or the settlement.

Any unit or person may not be subjected to violence, threats or violations of the provisions for the interruption of water supply, heating, heating, electricity and road traffic, and forced evictions of the person. Construction units are prohibited from engaging in relocation activities.

Article 22 of the law does not apply for administrative review or for administrative proceedings within the statutory period, and is not relocated within the time period specified in the compensation decision and is governed by the law by the Government of the municipality, districts (markets, zones) where the decision is taken.

The application for enforcement should be accompanied by the amount of compensation and the registrar, the location, area of the property transfer and swing house, and other relevant material requested by the People's Court.

Article 23 states that the housing levy shall be established by law to collect compensation files and that sub-family compensation is made available to the licensee 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 Housing valuation

Article 24 of the value of the house collected and used for the transfer of property is determined by the corresponding quality of the real estate price assessment body, based on the assessment of the scheme for house collection.

The provincial Housing and Rural Construction Office should publish, at the beginning of each year, a list of real estate valuation institutions that are in line with the corresponding qualifications at its sectoral website, selected by the licensee in consultation within the prescribed time period; and the licensee may choose, within the specified time frame, the other regional real estate value institutions with corresponding qualifications. There was no consultation within the time frame and the results were publicly determined by the house, through the organization of a small number of disobeyed principles, or by an open, inter alia, cranes.

Article 25 makes no objection to the assessment of the value of the house collected and may apply for a review assessment of the original real estate price. The Committee of Experts on Real Estate Price Assessment may apply for confirmation from 10 days from the date of receipt of the review. The Committee of Experts on real estate price assessment should have validated results within 10 days.

The results were still contested, and the Government of the People's Republic (at the city, the district, the district, the district and the district) in which the house was asked to take decisions on the house, in accordance with the provisions of the Regulations, provided that the compensation programme was paid and issued a notice within the scope of the house. The author's decision on compensation may apply to administrative review or administrative proceedings in accordance with the law.

Article 26 The members of the expert committees were selected from the expert pool established by the Provincial Office for Housing and Rural Development.

Article 27: The Property Price Assessment Body, the Real Property Evaluator, the members of the Panel of Experts on Real Property Price Assessment shall independently, objectively and impartially carry out the assessment, identification and responsibility for the assessment, identification. The members of the Committee of Experts for Real estate Evaluator, the Panel of Experts on Real estate Price Assessment, and the owners of the house, should be avoided.

Real estate assessment agencies should be able to report on the assessment of housing and property transfers to the house for processing.

Prior to the establishment of a housing compensation programme by the housing levying sector, a number of pre-assessments should be selected, within the scope of the house's area, use, construction structure, new size, construction area and land area, land use rights.

The implementation of the housing advance assessment should result in an assessment by more than three chievable real estate price assessment bodies of the mark's home, selecting the middle price of the assessment of the results of each assessment body, as a pre-assessment price for this house.

Following the selection or determination of the real estate price assessment body, the housing levy sector, as a custodian, should enter into a house collection assessment contract with him or her, and a home collection assessment letter.

The housing collection assessment board should contain elements such as assessment purposes, scope of the assessment, assessment requirements and the date of commission.

Article 33 Prior to the assessment of the house, the housing levy sector should organize a survey of the situation of the licensed homes and identify the targets. The determination of the subject of the assessment should be comprehensive, objective and non-sustainable and redundant.

As a result of the survey of the house collected, the house collection should be made public to the licensee within the scope of the house.

Article 31 states that the housing levy sector should provide the authorized real estate price assessment body with a range of homes, including the registered housing situation and the unregistered buildings, the determination of the construction of the goods, and the processing of results.

Article 32 provides for a registered house with its nature, use and construction area, which shall be subject to a certificate of residence and a record of the house register. The housing rights certificate is inconsistent with the records of the house registers and, in addition to the evidence that the house registers are wrong and are recorded in the home registry; the housing rights certificate is consistent with the records of the home area in the home registry but there is evidence that the home registry and the certificates of residence are wrong and that the house collection system should organize a house registry to verify the area of the land.

In the case of unregistered buildings, constructions should be assessed on the basis of the determination, processing of results by the people's Government of the municipality, the district (markets, areas).

Article 33 came as of the date of the decision-making announcement on the basis of the assessment of housing value.

The value assessment for the property transfer should be consistent with the point of assessment of the value of the house collected.

Article 34, the real estate price assessment body should arrange for the conduct of field surveys by the owner of the property valuation, survey the state of the house collected, photographs reflecting the external situation in the house, record the field survey and be kept in good custody.

The licensee should assist the real estate valuationers arranged by the real estate price assessment body to conduct field surveys of the licensed house and to provide or assist in the collection of information and information necessary for the collection of the value assessment of the house.

The house-covered sector, the collector and the Real estate valuationr shall be confirmed by the signing of a record on the ground or by chapter G. The licensee's refusal to sign or chapter in the field of investigation should be certified by the house-covered sector, the real estate valuationr and the third person with no stake, and the real estate valuationr will provide information in the assessment report.

Article 33 XV provides for the assessment and identification costs of homes. However, the identification of changes to the results of the original assessment was borne by the original real estate price assessment body. The cost of the review is borne by the original real estate price assessment body.

Chapter V

Article 36, which violates the provisions relating to the collection and compensation of State-owned land, shall be subject to legal responsibility, and is implemented in accordance with the provisions of the Regulations.

Article 37 The municipalities, districts (communes) of the establishment area may establish rules for implementation in accordance with this approach.

Article 338 is implemented effective 1 August 2012. In the case of the implementation of the Regulations, projects that had previously obtained a permit for house demolitions had continued to be governed by the original provisions, but the Government was not obliged to impose forced evictions in the relevant sectors.