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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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Expropriation and compensation of homes on State land in the city of Sharsha

(Adopted by the 1347th ordinary meeting of the Government of the Nahr el-Sheikh City on 1 November 2011, No. 116 of 6 December 2011, issued since the date of publication)

Chapter I General

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

In order to meet public interest needs, this approach applies to the collection of State-owned land units and personal homes within the current municipal administration.

Article 3 The Government of the People's Government is responsible for the collection and compensation of homes within the Territory, which is responsible for the Government of the city and is responsible for house collection and compensation.

The Municipal, District, District and District (Central) Urban Housing Collection and Reimbursement Management Office is the house-covered sector established by the Government of the city, district, district (market). The zones, districts (communes) house-covered organizations carry out house collection and compensation efforts in the Territory; the communal house levying and compensating work is carried out by the city's people's Government, and supervision of the work carried out by the sector.

Urban housing and urban-rural-building administrative authorities have integrated the management and guidance of home collection and compensation for all municipal land.

Article IV, Districts and counties (markets) may establish units for the use of homes. The house-covered implementation units can be delegated to the district, district (commune) housing sector to assume specific work on house collection and compensation. The house-covered implementation units shall not be used for profit.

The charging of homes by district, district (commune) housing units should be carried out, and contracts should be signed with the house-covered implementation units. The contract should be entrusted with a clear mandate and scope and the rights obligations of both parties.

The charging and compensation of homes carried out by the housing units within the scope of the commission is monitored by the district, district (commune) housing units and the legal responsibility for their consequences.

Article 5

Article 6. Persons engaged in house collection should have the relevant legal policies, expertise and regular operational training, which can be placed on the qualification of the municipal housing-covered sector.

Article 7. Real estate price assessment agencies engaged in the assessment of house collection should be commensurate.

The municipal, district (commune) housing levy should be published annually on the list of social credits, combined strengths and correspondingly qualified real estate price assessment agencies. The specific approach was developed by the urban housing-covering sector in accordance with the relevant provisions of the Ministry of Housing and Rural Development and the province.

Chapter II

Article 8 provides one of the following conditions for the public interest, where there is a need for the collection of homes, which is determined by the Government of the city, the district, and the city (the city):

(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.

Article 9 provides for the collection of homes due to the need for public interest, and units for house collection should apply to the municipalities, districts, districts (markets) and submit the following materials:

(i) The development reform sector project is in line with the certified material for national economic and social development planning and the project portfolio;

(ii) Projected by the planning sector is in line with evidence materials for rural and urban planning and the delimitation of the Blue Line;

(iii) The project from the Land Resources Sector is in line with the overall land-use planning material and the land survey dividends;

(iv) Other relevant submissions to be submitted.

In addition to the material provided in advance of the submission, the project for the construction of SICA and the alteration of the old city area will be submitted to the material included in the Annual Plan for National Economic and Social Development.

Article 10. When the planning sector determines the project planning survey of the Blue Line and the land resource sector delineate the project's land survey line, it should be in line with the requirement for detailed control planning and integration of land plots. Planning of the Blue Line and the Land Survey Red Line shall not in principle divide existing houses from the actual occupied plots.

Article 11. Safeguarding Synergy and the Restructuring Project in the Old City are declared by the municipal, district, district (market) housing security sector, the development reform sector will be prepared in conjunction with the relevant sectors and, with the consent of the Government of the same people, are included in the annual national economic and social development plan in accordance with the relevant procedures.

Article 12, Municipal, district, and district (communication) housing-related projects that have been considered consistent with article 8, paragraph 9, of this approach should be made available after approval by the Government of the same people.

Districts, zones (communes) houses are subject to investigation into the extent to which the house is covered by the house, the place, the use, construction area, etc., and the licensee should cooperate. The results should be made available to the licensee within the scope of the house.

Article 13 establishes the scope of the house and shall not be compensated for improper increases in the cost of compensation, such as construction, expansion, alteration of homes and changes in the use of homes, in violation of the provisions.

The zones, districts (communes) housing-covered sectors should suspend the relevant procedures within the scope of the house collection by written notification of the matters listed in the previous paragraph, construction of rural and urban areas, business, tax, land resources. 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.

Article 14.

The contents of the housing-related compensation programme should include the scope of house collection, the implementation of steps, the manner of compensation, subsidies and incentives, and the time limit for contracting.

The Government of the city, district and district (market) organizes and publishes the compensation programme for the house, seeking public advice. The period of consultation shall not be less than thirty days.

Article 15. The Government of the people of the city, the district, and the district (the city) shall be made available in a timely manner, on the basis of public opinion.

As a result of the need for house releasing in the old urban area, more than 50 per cent of the charging programme was considered to be incompatible with the National Land Collection and Compensation Regulations, the Government of the urban, district and district (commune) should organize hearings by the collector and public representatives and revise the programme in accordance with the hearings.

Housing-related compensation programmes have been developed by the sector of house collection, which should be approved by the revised housing fee-charging programme for municipal housing.

The zones, districts (communes) housing-covering services should be based on the survey situation and the preparation of the funding budget for the project. The funding budget for projects prepared by the sector for house collection should be presented to the approval of the municipal housing-covered sector.

Article 17 provides for the safe supervision of house demolitions within the area of house demolition. Districts (markets) are managed by the relevant departments with the responsibility for the management of construction safety supervision, which are responsible for house demolitions within the area of house collection.

The demolition of homes should be borne by construction enterprises with corresponding qualifications. The dismantlement of construction enterprises must deal with accidental injury insurance for the dismantling of construction personnel.

Article 18, in accordance with the provisions of the law, legislation, requires the determination of the licensed house demolitions by tendering and shall be determined by tendering.

The executive authorities of tendering tenders, the relevant administrative oversight services should strengthen the oversight management of the activities of tenders for house demolitions.

The house-covered sector should report home demolition projects to the municipal housing-covering sector, which should be submitted as follows:

(i) To dismantle the license of the construction business, the relevant hierarchy of qualifications and the security production permit;

(ii) To dismantle construction contracts;

(iii) The dismantling of the construction organization programme and the risk response scenarios of the security accident service;

(iv) To dismantle the construction safety contract;

(v) The licences and qualifications of the office of the institution;

(vi) To dismantle the certificate of the project manager and the technical manager, the security manager, and the certificate of the project manager;

(vii) Removal of accidental injury insurance by construction groups;

(viii) Other information to be provided by law, regulations and regulations.

The implementation of the bombing operation should be in compliance with national regulations relating to the management of civilian explosive items.

Article 20 dismantles the main heads of construction enterprises, project heads, full-time security production managers should have expertise in the dismantlement of construction security production and be able to take a position on the part of the sector's house-covered sector. The personnel involved in the demolition should be trained on a regular basis.

The cost of compensation should be fully put in place, with exclusive storage and specialization prior to the decision on house collection.

The urban, district (market) housing levy should be strengthened.

Article 2

(i) Risk assessment of social stability in accordance with the relevant provisions;

(ii) In the area of house collection, the housing distributing programme has been approved by the municipality's households and the house demolition project has been reported to the municipal houses.

Article 23 is in line with articles 8, 9 and 22 of this approach, with decisions taken by the communes, the communes (communes) to collect housing projects within the jurisdiction. However, it is true that the city's people's Government is responsible for taking decisions on house collections by the municipality's house.

The decision on house collection relates to the number of persons who have been collected and should be taken up by the Standing Government Conference.

The decisions on house collection should be made within the scope of the house. 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 24 of the Government of the communes has taken decisions on house collection, which, according to this approach, is responsible for the areas in which the houses are located, the communes (communes) the Government of the people, and is vested in the zones, districts (communes).

Chapter III Compensation

Article 25

(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 26, the area of construction, structure, use, etc. of the house collected, is generally subject to the documents of the Housing Rights Certificate and the Housing Register; the certificate of the residence is incompatible with the home registry and, in addition to the evidence that the house registration books are wrongly registered, the home registry is subject to the home registry.

The Government of the people of the city, district, district and district (community) will investigate, identify and deal with unregistered buildings in the area of house collection, prior to the decision taken by the urban and rural planning sector to build housing and rural areas, land resources, urban administration and administration, house collection. Specific approaches to unregistered buildings are developed and reported to the municipalities' governments for implementation.

Reimbursement should be provided for the determination of legitimate buildings. Interim buildings that do not exceed the period of ratification, compensation is paid at the cost of construction and in conjunction with the use of the year. No compensation shall be paid for the construction of the conflict with the law and the temporary construction beyond the period of ratification.

Article 28, the selection of the real estate price assessment body is carried out in accordance with the relevant provisions of the Provincial Government. The real estate price assessment body was selected by the licensee within the prescribed time period; the consultations were not conducted under the auspices of the municipal, district (market) housing-covered sectors, invited the licensee, social confidence representatives, etc., to be determined in a public manner, and to provide the public evidence of the process and results of the drawing.

The value of the house collected is determined by the real estate price assessment body in accordance with the relevant national provisions. Reimbursement for the value of the house shall not be lower than the market price for similar housing properties on the date of the decision of the house. The real estate price assessment agency provides an assessment of market prices for similar housing.

In accordance with the State's relevant provisions, the date of the decision-making announcement on the basis of the assessment of the value of the house. The real estate price assessment body should provide the housing levy sector with an overall assessment report and a sub-family assessment report within the delegated assessment.

Sectoral housing collection should be reported on the assessment reports to the municipal houses.

Article 33, the municipality, the district, the district (market) house collection, or the licensee's objection to the assessment of the value of the house collected, shall apply for a review assessment in writing to the original real estate price assessment body within 10 days of receipt of the assessment report. The Committee of Experts on the Assessment of Households in the State where the results of the review were collected should be validated in accordance with the relevant provisions of the State. The dissatisfaction of compensation is still pending under article 26 of the National Land Collection and Compensation Regulations.

The municipal housing and urban-rural-building administrative authorities should organize the establishment of a National Committee of Experts on the Assessment of Households, consisting of real estate valuationers and experts in the areas of price, property, land, urban planning, law.

Article 31 allows the licensee to choose monetary compensation or to choose a home property transfer.

The Government of the people of the city, district, district and district (market) should provide rents for the transfer of property rights and to calculate, clear the value of the stolen house with the value of the property transfer.

The value of property transfers should be determined by the real estate price assessment body, in addition to special provisions by the Government. The value assessment for property transfers should be consistent with the assessment of the value of the house.

As a result of the releasing of individual homes in the old urban areas, the people of the city, district, district (commune) who have chosen to relocate home titles in the releasing paragraph, shall provide a replanatory paragraph or housing in close proximity.

Article III provides for an expropriation fee for a person to be charged by monetary compensation or by means of relocation of the present property rights; a transition to a property transfer scheme, which gives the licensed two relocation fees.

The removal of warehousings, industrial production houses, based on the actual situation of removal, removal, installation of production equipment, is determined in accordance with the relevant provisions; the provision may be compensated accordingly for the non-removable or non-recoverable equipment by the assessment of the actual value of their property; and the non-reimbursability of the destroyed production equipment.

In the area, the district and district (commune) housing-covering sector, through a transition of titles to compensate the licensee's house for the self-settlement of the swing house, the temporary settlement fee should be paid at the actual transition period; the provision of the swing house to the licensee shall not be paid temporary settlement fees within the agreed transitional period. The temporary settlement fee is not paid by monetary compensation or by means of relocation of the current property.

In the assessment of the value of the house collected, which does not include the value of dressing, the compensation for the value of such works is determined in accordance with the standard of reimbursement for the provision of the State's land on the land provided for by the Government of the city, and the consultation is unworkable and can be commissioned to assess the original real estate price assessment of the licensed house.

Interim settlement charges, compensation is provided for, and in addition to the criteria for relocation of homes other than warehousing, industrial production, etc., the establishment and reporting of the implementation by the urban people's Government. In accordance with economic and social development and price changes, the urban housing-covering sector should, as appropriate, propose adaptation programmes and report on the approval of implementation by the Government of the city.

Article 33 provides for a transition to property rights transfer, and the area, district, district (commune) housing-covering sector should be transitioned to a reasonable construction period agreed by the licensee to relocate a house (removal period).

The actual transition period was expiring on the date of the release of the requisitioner's air house to the date on which the property was transferred.

As a result of the responsibilities of the urban, district, district and district governments and their homes, the actual transition period exceeds the agreed transitional period and from the late month, the zonal, district (commune) housing-covered sectors should be paid to the licensee or paid temporary settlement fees, as set out below:

(i) An additional temporary settlement fee of more than twelve months for the licensee to resolve their swinghouses, exceeding the agreed transition period within twelve months, by a standard of 50 per cent; and an additional temporary settlement fee of 100 per cent by standard;

(ii) To provide swing accommodations to the licensee, in addition to the continued provision of the swing house, the temporary settlement fee is paid by 50 per cent of the agreed transition period within 12 months, exceeding the agreed transition period of more than 12 months, and the temporary settlement fee is paid by 100 per cent of the standard.

Article XV Compensation for losses of the suspension was carried out in accordance with the relevant provisions of the Government. Reimbursement for losses caused by the non-occupation of houses have been determined on the basis of the benefits of non-residents, the duration of the suspension. The period of suspension in the form of currency compensation or current property transfer is based on three months, and the duration of the suspension of the temporary placement of the property transfer method is determined by the actual number of months.

In the case of major illnesses, loss of labour capacity or special hardship for family life, article XVI makes it difficult to relocate during the period of collection, and the sectors such as district, district (market) can grant appropriate assistance in accordance with the circumstances.

Reimbursement agreements have been concluded within the time frame established by the Compensation Programme, where the charging sector in the district, district (commune) can give appropriate incentives to the licensee.

Specific approaches to subsidies and incentives are approved by the municipality's home-covering authorities.

Article 337 dismantles electricity, telecommunications, drainage, fuel etc., where the zones, districts (communes) are charged, according to national, provincial and municipal regulations.

Article 338 provides for the benefit of the minimum social living security of the city and for the benefit of the owner of the house, which is not covered by a total land area of less than forty-five square meters (on the basis of a home ownership certificate, a total of the product is not calculated separately) and provides a minimum area guarantee for compensation in accordance with XV square meters. However, the legitimate area of the licensed house and the difference of XV square meters are not calculated for any other compensation, such as dressing, relocation costs, without the benefit of incentives.

After the establishment of the scope of the house, the licensee assessed the house and did not enjoy the minimum territorial guarantees set out in the preceding paragraph.

Article 39 states that the licensee meets the conditions of housing security and that the Government of the urban, district and district (market) should give priority to housing security.

Article 40 Districts, zones (communes) houses are charged with a compensation agreement with the licensee pursuant to the housing compensation scheme. Upon compensation to the licensee, the requisitioner shall complete the relocation at the time agreed upon by the agreement, without prejudice to the house or the removal of the stolen homes and subsidiary facilities that have been reimbursed 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.

After the settlement agreement with the licensee, the sector's house collection should be reported in a timely manner.

The municipality's home-covering sector should develop model text of the housing compensation agreement.

As a result of a compensation agreement between the area's house-covered sector and the licensee, the city's house-covered sector should be able to manage the corresponding funds in a timely manner and to strengthen the monitoring of the disbursement of funds. (b) The transfer of property rights shall be subject to a transfer of property rights to a maximum of 910 per cent of the funds paid by the owner;

Reimbursement funds should be paid in a timely manner in accordance with the compensation agreement.

Article 42 provides no compensation agreement within the time frame established by the Compensation Programme, which is determined by the Government of the people of the city, district, district (community) whose decisions have been taken on the basis of the house collection and shall be communicated in accordance with the law.

Compensation decisions by the city, the people of the region shall be taken according to the following procedures:

(i) The housing-covering sector has developed the compensation programme for sub-householded homes based on the housing compensation programme, the assessment results.

(ii) The area of house collection will inform the charging of the sub-households in writing.

(iii) In the area of house collection, or by the collector, for mediation, the municipality's house collection should organize mediation within seven working days.

(iv) No request for mediation or mediation is made to the Government of the people requesting the decision to impose a house.

Article 43

(i) The basic situation of the house and the rights;

(ii) The basis and rationale for the collection;

(iii) Matters relating to compensation agreements as provided for in article 25, paragraph 1, of the National Land Collection and Compensation Regulations;

(iv) To inform the licensee of the rights, means and duration of administrative review and administrative proceedings.

The relocation period provided for in the compensation decision shall not be less than 15 days.

Article 44 quarants of homeowners are not clear, and compensation programmes have been developed by district, district (community) housing-covered units to advise the people's governments that have made decisions on house collection and to make public statements within the scope of house collection. Reimbursement programmes developed by the sector of house collection should be reported to the municipal houses before a compensation decision was taken by the Government. Prior to the demolition of homes, the area, the zones (communes) house-covering units should record the collection of the house and maintain public evidence and evidence to the public accreditation authorities.

Article 48 XV imposes a mortgage-free house, which is paid by the collateral and district, district (market) housing units to reach a compensatory agreement within the time frame established by the housing compensation programme, which is re-established by the collateral and the mortgager or compensated by the collateral for the collateral.

There are mortgage-free homes that are imposed by the collateral and district, district (commune) housing-covered units within the time frame established by the Housing Reparation Programme, which is not reimbursed by the municipality, district, district (community) of the decision taken on house collection and by the Government of the People's Republic (community) in accordance with article 42 of this approach and guarantees the legitimate rights and interests of the collateral.

Article 46 states that the residents of the city, district, district (community) who have taken decisions on house charges shall be compensated by the Government of the affected person and the person shall complete the relocation within the time period determined by the compensation agreement or the settlement decision.

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 47 quarants are not required for administrative review or for administrative proceedings within a statutory period of time and are not relocated within the time period specified in the compensation decision, and the Government of the people of the city, district, district and district (community) whose decisions are taken are governed by the law.

The Government of the communes, districts and counties (markets) has made a compensatory decision, which excludes the value of dressing, for reasons of the person being charged. In the event of the enforcement of the settlement, the zone and district (commune) housing units should be subject to a record of the expropriation of the house and the preservation of the evidence by the public-cert bodies, and the value of the refurbishment of the house is determined by the assessment of the assessment body.

Article 48, district, district (community) housing-covering services should be completed within thirty days of the house demolition and in the city, district (market) housing registration institutions.

Departments such as public safety, education, civil affairs, population and family planning, human resources security should not increase the burden of house collection and expropriation in a timely manner for the purpose of migration, conversion, low-insurance relations, relocation of family planning relations, social insurance.

Article 49, district, district (community) housing-covering services should be made available to the distributor within the scope of the house and the establishment of a home-based compensation file in accordance with the law.

The municipal housing-covering sector should be subject to a review of the compensation costs incurred by the city, the people of the region for the projects.

The audit body should strengthen the supervision of the management and use of the compensation costs incurred by the house and disclose the results of the audit.

Chapter IV Legal responsibility

One of the following acts is addressed in accordance with the relevant provisions of the National Land-Based and Compensation Regulations:

(i) Staff members of the urban, district, district (market) government and the housing-covering sector do not perform their duties under house collection and compensation, or abuse of authority, negligence, provocative fraud;

(ii) An unlawful way of violence, threat or violation of provisions for the interruption of water supply, heating, heating, electricity and road traffic, which forced the person to move;

(iii) Corruption, misappropriation, private separation, interception and in arrears in payment of compensation costs;

(iv) The real estate price assessment body or the owner's valuation report is false or significant.

Article 50 means, such as violence, threats, impeding the collection and compensation of houses under the law, which constitutes a violation of the management of the security sector, which is punishable by law; constitutes a crime and is criminally criminalized by law.

Any organization or individual 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 people's governments and the relevant departments or units involved in the collection and compensation process.

Chapter V

Article 53 is implemented since the date of publication. The decision of the Government of the municipality to adjust the criteria for the relocation of urban homes in the city of Shasha (Pople's Order No. 79) of 1 October 2002 was also repealed.

The Government shall not oblige the concerned authorities to impose forced evictions in the sector by 21 January 2011, by virtue of the scheme of house demolitions, which had been carried out before the operation of the scheme, but had not been completed.