Changsha State-Owned Housing On Land Expropriation And Compensation Measures For The Implementation Of

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

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Changsha State-owned housing on land expropriation and compensation measures for the implementation of

    (November 1, 2011 the city of Changsha Municipal People's Government at the 13th session of the 47-Executive Meeting December 6, 2011 the city of Changsha Municipal People's Government announced come into force on the date of promulgation, 116th) 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, State-owned houses on land expropriation and compensation under the Ordinance provisions, combined with the city's actual, these measures are formulated.

    Article in the public interest, imposed on State-owned land unit in the administrative area of the city, individual homes, these measures shall apply. Third municipal people's Government in accordance with law on the administrative area housing expropriation and compensation's leadership.

    District and County (City) shall be responsible for the expropriation and compensation for housing within their respective jurisdictions, required by the municipal people's Government is responsible for, collected by the municipal people's Government is responsible for the housing and compensation work. City, district and County (City) the levy on urban houses and compensation management office is a city, district and County (City) is imposed by the people's Government established housing sector.

    Districts and counties (cities) is imposed by the housing sector organizations implement within their jurisdiction's housing expropriation and compensation work; is imposed by the municipal housing sector organizations implement municipal people's Government is responsible for housing expropriation and compensation, and the area is imposed by the Housing Department to supervise the work.

    Municipal Department of housing and urban-rural construction administration management and guide the State-owned housing on land expropriation and compensation work. The Fourth District and County (City) performed by units of housing could be established. Performed by units of housing acceptable areas, counties (cities) is imposed by the Housing Department delegate, take on House of expropriation and compensation work.

    Performed by units of housing must not be for profit-making purposes. Districts and counties (cities) is imposed by the Housing Department commissioned performed by units of housing introduced, should be performed by units of housing and sign an agency contract.

    Contract should be clearly delegated authority and scope of the rights and obligations of each party.

    Districts and counties (cities) is imposed by the Housing Department on performed by units of housing in the Commission's implementation of housing expropriation and Compensation Act is responsible for the supervision, and shall be liable for the consequences of their actions.

    Fifth of municipal, district and County (City) Government development and reform, planning, land and resources, finance, public security, House security, law enforcement, human resources and social security, civil affairs, education, complaint letters and calls departments, neighborhood offices and township people's Government shall, in accordance with their respective responsibilities, cooperate with each other to ensure housing expropriation and compensation work smoothly.

    Personnel working in the homes of the sixth article should have related laws and policies, and have the expertise and receive regular training, is imposed by the municipal housing departments to appraise qualified before the induction.

    Article seventh homes assessed real-estate prices assessment agencies, shall have the appropriate qualifications. City, County (City) is imposed by the Housing Department shall publish annually the society good reputation, strong comprehensive strength and real estate prices assessment agencies with the appropriate qualification.

    Specific measures shall be collected by the municipal housing departments in accordance with the housing and urban-rural construction, provincial regulations be enacted separately.

    Chapter II impose decisions

    The eighth section where the public interest requires, any of the following circumstances, absolutely necessary to levy House, city, district and County (City) is imposed by the people's Government has made housing decisions:

    (A) the needs of defence and Foreign Affairs;

    (B) the Organization and implementation by the Government of energy, transportation, water conservancy and other infrastructure needs;

    (C) Government Organization and implementation of science and technology, education, culture, health, sports, environment and resources protection, disaster prevention and mitigation, conservation, social welfare, municipal public utilities needs;

    (D) the construction of low-income housing projects carried out by organizations needs;

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

    (F) other public interest stipulated by laws and administrative regulations of the need.

    Nineth due to public interest is imposed by the House, introduced housing units should be submitted to the municipal, district and County (City) is imposed by the Housing Department to apply and submit the following materials:

    (A) development and reform issued by the Department of projects in line with the national economic and social development planning documents and project approvals;

    (B) items issued by the Planning Department in accordance with urban planning and planning documentation of project planning and the demarcation of the blue line;

    (C) the departments of land and resources issued by the project in line with the overall land use planning documents and land surveying the red line;

    (D) the need to submit additional material.

    Affordable housing projects and the old town renovation project in addition to material submitted to the provisions of the preceding paragraph, should also be submitted into the materials of annual plans for national economic and social development. Delimitation project planning survey of the Planning Department of the tenth article blue line delimitation project land survey and land resource departments at the red line, should meet the requirements of regulatory detailed planning and integration of land plots.

    Planning investigations of the blue line and red line shall not be divided in principle of land survey actual site occupied existing homes.

    11th low-income housing projects and old city reconstruction projects planned by the city, district and County (City) Department of housing security, development and reform, in conjunction with relevant departments, after agreed by the people's Governments at the same level, according to the relevant procedures included in the annual plans for national economic and social development.

    12th of municipal, district and County (City) House collection of departments to audit considers to be in the eighth and Nineth projects provided for in article, scope for housing should be reported to people's Governments at the same level for approval announced. Districts and counties (cities) is imposed by the housing sector organizations within the scope of housing housing ownership, location, purpose, area, making an inventory, to be expropriated shall cooperate.

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

    After the 13th House tax determined shall not be administered throughout the homes new construction, expansion, renovation House and changing the housing acts of misconduct such as increased compensation costs, violations of the provisions, without compensation. Districts and counties (cities) is imposed by the Housing Department notice in writing the matters listed in the preceding paragraph should be planning, housing and urban-rural construction, industry and commerce, tax, is imposed by the Ministry of land and resources authorities suspending the housing within the scope of the relevant procedures. Suspending the relevant formalities written notice shall include the period of suspension.

    Period of suspension shall not exceed one year.

    14th of municipal, district and County (City) is imposed by the housing sector to develop housing expropriation and compensation programmes reported to people's Governments at the same level.

    Housing compensation scheme should include housing the scope, implementation procedures, compensation, compensation, benefits and rewards standards, collection agency terms. City, district and County (City) shall organize the relevant departments to proofed the House expropriation compensation package and publish, for public comment.

    Comment period shall not be less than 30th.

    15th of municipal, district and County (City) people's Governments shall seek public comment and according to the public opinion released promptly of any changes.

    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 under the Ordinance, cities, districts, counties (cities) are levied should be organized by the people's Governments and the public hearing attended by representatives, and according to the hearing to amend the proposal.

    Collected by the Housing Department to develop housing expropriation and compensation programmes, is imposed by the housing sector should be amended expropriation and compensation programme for housing is imposed by the Municipal Housing Department for approval. The 16th district and County (City) is imposed by the housing sector should be based on investigations and proposed housing compensation compensation funds for programming projects budget.

    District homes project compensation funds budget sectors shall be approved is imposed by the City Housing Department. 17th municipal housing levy is imposed by the Department responsible for the urban housing demolition in the context of construction safety supervision and management.

    Counties (cities) by the construction of security supervision and management functions of departments responsible for housing within the scope of the housing demolition construction safety supervision and management. Demolition works shall be borne by the corresponding qualification grade of construction enterprise.

    Construction enterprises must provide the removal of accidental injury insurance personnel.

    18th article in accordance with the provisions of laws and regulations, need to be established through public bidding be subject to demolition of construction Enterprise shall be determined through public bidding.

    Tendering and administrative departments are levied, administrative supervision departments should strengthen supervision and administration of the housing demolition project tendering and bidding activities.

    19th district homes demolition projects should be submitted to the municipal housing departments imposed the record filing should be submitted the following information:

    (A) the demolition of construction enterprise's business license, qualification certificate, safety permits;

    (B) the demolition of construction contracts;

    (C) removal of construction organization plan and the emergency response plan for accidents insurance;

    (D) removal of construction safety supervision contract;

    (E) construction business license, certificate;

    (F) the demolition project manager and technical manager, Safety Manager certificate, project supervisor certificate;

    (G) the removal of group personal accident insurance certificate;

    (H) the provisions of laws or regulations should provide for additional information.

    Blasting operations shall comply with State regulations on management of civil explosive materials. 20th removal of company directors, Project Director, full-time safety Manager should have dismantled the construction safety expertise and is imposed by the municipal housing departments to appraise qualified before the induction.

    Personnel engaged in the demolition should receive regular training.

    Article 21st House acquisition decisions, expropriation and compensation costs should be fully in place, account stores, earmarking.

    City, County (City) is imposed by the housing authorities should strengthen supervision of the compensation fund.

    22nd of municipal, district and County (City) is imposed by the people's Government to make housing decisions, except in accordance with the approach set forth in eighth and Nineth, but should also meet the following conditions:

    (A) the risk assessment in accordance with the relevant provisions of the social stability;

    (B) is imposed by the Housing Department houses, homes, expropriation and compensation programme had been approved, and demolition projects submitted to the municipal housing levy will be imposed on the record. 23rd these measures are in line with the eighth and Nineth, 22nd article, consists of district and County (City) within the jurisdiction of the people's Government housing project housing levy is imposed by decision.

    But it required by the municipal people's Government is responsible for, and shall be collected by the Municipal Housing Department homes decisions submitted to the municipal people's Government.

    Housing is imposed by the decision of imposing the larger number of people, should be discussed by the Executive meeting of the Government decision. House expropriation decision shall be within the scope housing announcement.

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

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

    The 24th House acquisition decisions of the municipal people's Government, its related work in accordance with this regulation by district and County, where the houses (City) shall be responsible for, and the district and County (City) is imposed by the housing sector-specific commitments.

    Chapter III compensation

    House acquisition decisions of the 25th municipal, district and County (City) Government giving compensation to be expropriated includes:

    (A) the value of expropriated homes compensation;

    (B) the result of imposed housing relocation, temporary rehousing compensation;

    (C) suspend due to imposed housing to compensate the damage.

    26th has been imposed the construction area of the House, structure, use of the in house ownership register certificate and housing records prevail; does not match the certificate of house ownership and housing register unless there is evidence that housing there are errors in the register, subject to the housing register. 27th of municipal, district and County (City) is imposed by the Government in making housing decisions, by urban and Rural Planning Department Housing and urban-rural development, land and natural resources, urban management and administrative law enforcement, housing is imposed by the authorities on homes is not registered within the context of building investigation, identification and processing.

    Unregistered buildings identified specific measures formulated by the Municipal Department of town and country planning and approval of the municipal executive. Identified as legitimate building, compensation shall be made. Does not exceed the limit for temporary buildings, according to the construction costs and the compensation for life.

    Illegal construction and in excess of the approved duration of temporary buildings without compensation. 28th real estate appraisal institutions selected according to the relevant provisions of the provincial people's Government.

    Real estate appraisal institutions by the expropriated person selected within the time stated in the consultations through consultation, by the city and County (City) is imposed by the Housing Department Chair, invited to be expropriated, representatives of the public trust by public ballot determines and by the notary public to draw and results of on-site notary. 29th expropriated home values real estate appraisal institutions determined in accordance with the relevant provisions of the State assessment. Housing to be imposed on the value of compensation shall not be lower than the Housing Authority is imposed by the date of the publication of the decision to be imposed on similar real estate housing market prices.

    Real estate appraisal institutions an assessment report should describe housing similar to be imposed on the real estate market. In accordance with the relevant provisions of the State, were imposed housing valuation point homes decided the date of the announcement.

    Real estate prices assessment agencies shall be imposed on the Housing Department to provide an expropriated houses within the scope of the assessment overall assessment reports and evaluation reports.

    Housing levy is imposed by the assessment report should be submitted to the municipal housing departments for filing. 30th of municipal, district and County (City) is imposed by the Housing Department or the expropriated person disagrees with the assessment imposed on home values, shall, in accordance with relevant regulations of the State from the date of receipt of the assessment report on written application to the real estate appraisal institutions within the 10th review assessment. Against disagrees with the results of the review should be based on the relevant provisions of the State on the date of receiving the review results in the 10th to be imposed on State-owned land, where the housing is imposed by the Evaluation Committee of experts apply for housing.

    Disputes still has to be expropriated for compensation, according to the State-owned housing on land expropriation and compensation regulations article 26th.

    Municipal administrative departments of housing and urban-rural development organization founded by real estate appraisers as well as prices, real estate, land, town planning, legal experts in the fields of city-owned land on the housing is imposed by the Evaluation Committee of experts.

    31st to be expropriated can choose monetary compensation, or you can choose housing property rights Exchange.

    Levy chose property rights Exchange, municipal, district and County (City) Government should provide housing for property rights Exchange, are levied and expropriated persons, settlement home value and value of property rights Exchange homes difference. Value for property rights exchange houses, unless provided otherwise by Government shall be determined by the real estate price evaluation Agency.

    Valuation point for property rights exchange houses, should be consistent with the valuation of expropriated houses point.

    Because the old city rebuilding individual residential tax, imposed on people in rebuilding housing property rights exchange lots, House acquisition decisions, municipal districts and counties (municipalities) people's Governments shall provide converted lots or lots of houses.

    32nd monetary compensation or sales of property rights Exchange, be expropriated a relocation fee taken place property rights Exchange mode, to be imposed on two moving expenses.

    Demolition of warehouses, industrial production, housing relocation, according to the actual disassembly, transportation and installation of production equipment, determined in accordance with the relevant provisions of assessment; which cannot be moved or cannot be recovered using devices, according to relevant regulation can be evaluated to determine its real value to pay the corresponding compensation; in obsolete production equipment not be compensated. Districts and counties (cities) housing sector transition is imposed by property rights Exchange is imposed by the way compensation is houses, themselves working with room to be expropriated, shall be accounted at actual transition period as temporary relocation costs; has provided working capital to be expropriated houses, temporary placement fee is not paid within the agreed transition period.

    Monetary compensation or sales of property rights Exchange, does not cover temporary relocation costs.

    Valuation of expropriated houses do not include values such as decoration, decoration, such as provision of compensation in the light of the value of municipal houses on State-owned land expropriation compensation standard of decoration and consultation through consultation, can be commissioned to evaluate expropriated houses the original real estate prices assessment agencies assessed. Temporary relocation costs, compensation for decoration, with the exception of warehouses, industrial buildings housing other than the removal of relevant standards, collected by the Municipal Housing Department and submitted to the municipal people's Government to implement.

    Pursuant to economic and social development and changes in prices, is imposed by the Municipal Housing Department and submitted to the municipal people's Government for approval shall be submitted in due time adjustment programmes implemented.

    Article 33rd place property rights Exchange mode, areas, counties (cities) is imposed by the housing sector should be expropriated property rights exchange houses (auction) of reasonable construction period of the agreed transition period.

    Actual transition period from the date of delivery of expropriated people vacated house demolition until the date of delivery of property rights Exchange House.

    Article 34th city, district and County (City) the responsibility of people's Governments and their homes, the actual transition period beyond the agreed transition period, from the late month, areas, counties (cities) is imposed by the Housing Department in accordance with the following provisions to be subject to increased pay or pay for temporary placement fee:

    (A) to be expropriated sort itself out of the working space, exceeding the agreed transitional period of 12 months or less, according to the standard 50% increase in the temporary relocation of; within the specified transitional period of 12 months or more, according to the standard 100% additional temporary relocation costs;

    (B) for the provision of working capital to be expropriated houses, besides providing working capital used outside the room, within the specified transitional period of 12 months or less, according to the standard 50%-temporary relocation costs; within the specified transitional period of 12 months or more, according to the standard 100%-temporary relocation costs. 35th suspend compensation in accordance with the relevant provisions of the provincial people's Government. Compensation to suspend production loss is due to impose non-residential, are levied on non-residential before benefits, suspend period and other factors.

    Monetary compensation or suspend existing property rights Exchange term, calculated according to the three-month; taken place property rights Exchange mode suspend period, determined according to the actual number of suspend production months.

    36th to be expropriated due to serious illness, disability or family life have moved during the particularly difficult conditions imposed by difficult, areas, counties (cities) is imposed by the Housing Department in conjunction with the civil affairs departments according to the actual situation to give appropriate subsidies.

    Expropriation and compensation programme within the contracted term signed a compensation agreement, areas, counties (cities) is imposed by the Housing Department can provide appropriate incentives to be expropriated.

    Subsidies and incentives of specific measures shall be collected by the Municipal Housing Department approval of the municipal executive.

    37th dismantling facilities such as electricity, telecommunications, water supply and drainage, gas, areas, counties (cities) is imposed by the housing sector should be based on national, provincial and municipal regulations. Article 38th on the enjoyment of urban minimum social security benefits and total floor space within the city limits of less than 45 square metres are charged the owner of the House (subject to house ownership, total production calculated separately), the implementation of a minimum area of protection, in accordance with compensation for 45 square meters.

    But legitimate area of 45 square meters of housing to be imposed on the difference between decoration, moving costs and other compensation is not evaluated, does not enjoy such preferential policies as incentives.

    Housing tax is determined, is levied on the production of the person to be expropriated houses, does not enjoy the provisions of the preceding paragraph, the minimum area of protection.

    39th to be expropriated in accordance with housing conditions, municipal, district and County (City) shall give priority to housing security. 40th district and County (City) is imposed by the Housing Department and is levied in accordance with the expropriation and compensation programme for housing signed a compensation agreement.

    To be expropriated to give compensation, be expropriated shall be completed in accordance with the relocation of the agreement the term relocation shall not be damaged houses or demolished in accordance with provisions for the compensation of expropriated houses and ancillary facilities.

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

    Housing levy is imposed by the Department and was signed a compensation agreement, the agreement is imposed by the Municipal Housing Department in a timely manner.

    Is imposed by the municipal housing sector should develop model housing compensation agreement. 41st district House acquisition Department and after signed a compensation agreement to be expropriated, is imposed by the municipal housing Control Department shall timely solutions appropriate funds and strengthening supervision on payment of funds.

    Take currency compensation of, full solutions control the households compensation funds; take existing home property replacement way of, solutions control the households compensation funds of 90%, stay property replacement housing property registration, procedures handle finished Hou, solutions control remaining part compensation funds; take transition placed property replacement way of, should by property replacement housing construction progress batch solutions control, but up only solutions control compensation funds of 90%, in was levy people moved property replacement housing and handle finished property registration, procedures Hou, party can solutions control remaining part compensation funds.

    Cities, districts, counties (cities) is imposed by the Housing Department should timely payment of compensation under the compensation agreement funds.

    42nd on expropriation and compensation programme within the contracted term no agreement of compensation, up to the homes of city, district and County (City) Government compensation decisions, housing shall be published within the scope, and served under the law.

    Compensation decisions by the municipal and district people's Government shall be according to the following procedure:

    (A) is imposed by the Department of housing under the housing expropriation and compensation programmes, assessment results, develop household housing expropriation and compensation programmes.

    (B) is imposed by the housing sector informed of the household's housing programme written compensation to be expropriated.

    (C) the area is imposed by the Housing Department or apply for mediation to be expropriated, is imposed by the municipal housing departments shall organize mediation within seven working days.

    (D) does not apply for mediation or conciliation, report to the House expropriation decision ordered the Government compensation decisions.

    Article 43rd compensation decisions should include the following:

    (A) the situation of expropriated homes and basic human rights;

    (B) levy the basis and reason;

    (C) the houses on State-owned land expropriation and compensation regulations relevant to the 25th article of agreement of compensation matters;

    (D) informed of any collection of administrative reconsideration and administrative litigation, way and terms.

    Relocation compensation decision a period not shorter than 15th. 44th expropriated property ownership is not clear, from the district and County (City) is imposed by the housing sector to develop compensation programmes, levy reported to the Housing Authority decided to offer compensation to the people's Government decision, and within homes shall be published. House expropriation compensation scheme prepared by the Department, over the Government decision, levied shall be submitted to the Municipal Housing Department.

    Before the demolition, areas, counties (cities) is imposed by the housing sector should be imposed on the housing survey records and to notary notary and evidence preservation.

    Section 45th housing with mortgage, were expropriated and district and County (City) is imposed by the Housing Department in housing compensation scheme compensation agreements within the contract term, set up anew by the mortgagee and the mortgagor mortgages after full payment of the debt or mortgage, by region, counties (cities) is imposed by the Housing Department on the compensation to be expropriated.

    Levy has a mortgage housing, were expropriated and district and County (City) is imposed by the Housing Department in housing compensation programme within the contracted term no agreement of compensation, up to the homes of city, district and County (City) shall make compensation decisions in accordance with article 42nd of this approach, and safeguard the legal rights of the mortgagee.

    Article 46th House acquisition decisions, municipal districts and counties (municipalities) people's Government pay compensation to be expropriated, was expropriated in the compensation agreement or compensation decision of moving to complete the relocation within the time limit. No unit or individual may resort to violence, threats or violations of provisions of interrupted water supply, heat supply, gas supply, power supply and road traffic are levied illegally forced relocation of people.

    Prohibits the employer from engaging in relocation activities.

    47th be expropriated within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, within the time provided in the decision to move, up to the homes of city, district and County (City) shall apply to a court for mandatory enforcement according to law. City, district and County (City) compensation decisions of the people's Government, due to be imposed on people because, unable to verify imposed on House decoration, decided not to include compensation value of decoration.

    When deciding on the enforcement of compensation, district and County (City) is imposed by the housing sector should be imposed on housing decoration and investigation records, to the notary and evidence preservation, imposed on House decoration value is determined by an evaluation Agency.

    The 48th district and County (City) is imposed by the Housing Department in the 30th after the demolition, the city and County (City) property right of housing registration agency for cancellation.

    Public security, education, civil affairs, population and family planning, human resources and Social Security Department should be in time for the expropriated persons, migration, transfer, Lo-Fi relationship changes, planned parenthood relationship between migration, social security and other procedures, no additional levy is imposed by the Housing Department and the burden on the people.

    The 49th district and County (City) is imposed by the housing sector household compensation should be published within homes were expropriated, and to establish housing compensation files.

    Is imposed by the Municipal Housing Department on municipal and district people's Government to make a decision on the levy is imposed by the compensation cost of the project for review.

    Auditing organs should strengthen the compensation of charge on housing management and usage monitoring, and publish the findings.

    The fourth chapter legal liability

    50th under any of the following acts, according to the State-owned housing on land expropriation and compensation regulations relevant provisions dealing with:

    (A) the cities, districts, counties (cities) is imposed by the Government and the Housing Authority staff housing expropriation and compensation work failed to perform their responsibilities under, or abuse of power, dereliction of duty or engages;

    (B) violence, threat or violation of regulations, interruption of water supply, heat supply, gas supply, power supply and road traffic are levied illegally forced relocation of people;

    (C) the embezzlement, misappropriation, privately divide, retain, arrears of compensation costs;

    (D) the real estate price assessment agency or real estate appraiser issued false or there is a significant error in the assessment report.

    51st violence, threats and other methods to prevent the law of expropriation and compensation for housing works, activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 52nd any organizations and individuals for violations of these rules of conduct, is entitled to inform the relevant people's Government, is imposed by the Housing Department and other relevant departments.

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

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

    The fifth chapter supplementary articles 53rd these measures come into force on the date of promulgation.

    The Changsha Municipal People's Government on October 1, 2002 by urban housing units management regulations (municipal, 79th), April 15, 2008 the purpose of the Changsha Municipal People's Government on the adjustment of Changsha urban house demolition compensation decisions on standards (municipal Decree 104th) repealed simultaneously. Has legally obtained demolition permits before January 21, 2011 project, before the implementation of these measures already introduced but still unfinished House acquisition projects, continue to adopt the existing regulations, but shall not oblige the relevant departments of the Government forced relocation.