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Changchun City, Interim Measures On The State-Owned Housing On Land Expropriation And Compensation

Original Language Title: 长春市国有土地上房屋征收与补偿暂行办法

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Provisional scheme for the collection and compensation of houses on the State's land in spring

(Adopted at the 39th ordinary meeting of the Government of the People's Republic of 12 May 2011 by Decree No. 27 of 3 August 2011 on the date of publication)

Chapter I General

Article 1 provides for the regulation of home collection and compensation activities in the State of the city, the maintenance of public interest, the guarantee of the legitimate rights and interests of the licensee of the house, and the development of this approach in line with the provisions of the State Department's National Land-Based and Compensation Regulations and relevant legal regulations.

In order to meet public interests, the collection of State land-based units and individual houses should be given fair compensation to the licensed owner (hereinafter referred to as the collector).

Article 3 imposes and compensates State-owned homes within the city area and applies this approach.

Article IV. The collection and compensation of homes should be guided by the principles of decision-making democracy, due process and openness.

Article 5 The Government of the city is responsible for the collection and compensation of homes in this city; the people of each region are responsible for the collection and compensation of homes in the Territory.

The municipal housing security and real estate authorities are the home-covered sector in this city, responsible for organizing the operation of the occupancy and compensation work at the municipal level, providing oversight for the collection and compensation of homes in various districts.

The house-covered sector established by the Government of the People of the Region is responsible for the organization of house collection and compensation for the operation of the Territory.

The Government of the People of Planning, Homeland, Rehabitation, Finance, Audit, Monitoring, Administrative Law Enforcement, and Street Offices, communes (communes) should work together for house collection and compensation in line with the responsibilities set out.

Article 6. The house-covering sector may entrust the house with the implementation unit and assume specific work on house collection and compensation. The house-covered implementation unit shall not be used as a profit for the purpose of profiting and shall not be able to carry out the tasks of the house by contracting.

The municipal housing levy office was commissioned by the municipal housing sector responsible for specific work on the collection and compensation of the municipal home.

The zone house is charged by the area's house and is responsible for the specific work carried out by the house.

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. Staff engaged in house collection and compensation shall be trained in the relevant laws, regulations and related knowledge to train qualified parties to take evidence.

Chapter II

Article 8. In order to guarantee the need for public interest, such as national security, the promotion of national economic and social development, there are one of the following cases in which there is a need for house-covering decisions by the municipal and territorial governments:

(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 IX, in accordance with article 8 of this approach, identifies construction activities that require the collection of homes, in line 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.

With regard to the need for housing in the old urban areas, the house-covered sector should seek the views of the collector, with more than 90 per cent of the consent of the collector, which can be incorporated into the annual plan for the economic and social development of the city, the city's nationals.

The city's house-covered sector should prepare a full-scale annual house collection plan to be approved by the Government of the city.

Article 10

(i) The house-covered sector, based on the plans for house collection, determines the scope of the house and informs it;

(ii) After the identification of the scope of the house, the house's collection department informed the concerned authorities of the suspension of the procedures;

(iii) The right of the house to be charged by the house, the place, the use, construction area, etc., is registered by the housing-covering sector, and are investigated, identified and processed by the urban and rural planning authorities on unregistered buildings. The results were published to the licensee within the scope of the house;

(iv) Develop compensation programmes;

(v) Risk assessment of social stability in the city, in accordance with the relevant provisions;

(vi) Reimbursement costs for homes are deposited in the communes, the area of house collection, with exclusive storage, specialization;

(vii) The decision of the city, the people of the region to impose homes;

(viii) Reimbursement for house-based organizations;

(ix) The house-covered sector organizes house demolitions by law.

Article 11. The scope of the house shall not be determined by improper increases in the cost of compensation, such as construction, expansion, alteration of homes and changes in the use of the house, in violation of the provisions, and shall not be compensated.

The housing levy sector shall notify the relevant authorities of the suspension of the proceedings in writing of the matters listed in the previous paragraph. A written notice of the suspension of the proceedings shall contain a period of time. The duration of the suspension shall not exceed one year.

Article 12

(i) The construction of a compensation programme by the house-covered sector, which is reported to the Government of the current people. The compensation programme should include time collection, coverage and results of the survey of the licensed homes, the collection of compensation funds, the manner of compensation, the relocation of property rights to the place of house accommodation, the relocation period, the transitional period, the time period for the payment of compensation contracts, and the criteria for incentives;

(ii) The Government of the people at this level organizes and publishs the relevant departments to seek public advice. The deadline for consultation shall not be less than 30 days;

(iii) The Government of the people at this level will seek information and be made public on the basis of changes in public opinion.

Removal programmes developed by the sector of house collection should be obtained in advance with the consent of the municipality's house.

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 provisions of the scheme, the rule of law institutions of the current people's Government should organize hearings with the representatives of the collector and the public and modify the programme in accordance with the hearings.

Article 13. The decision on house collection relates to more than 1,000 persons who have been charged and shall be discussed at the municipal meetings to be taken on the basis of the decisions to be taken on the basis of the house, as well as at the ordinary meeting of the people of the region.

Article XIV shall be declared within the scope of the decisions taken by the city and the people of the region to collect their homes. The announcement should contain the following:

(i) The purpose and basis of the levy;

(ii) The location and scope of the charge;

(iii) Removal programmes;

(iv) The name of the executive unit for the house;

(v) Disadvantaged or unambiguous treatment of houseowners;

(vi) Administrative review, administrative litigation rights;

(vii) Other matters that should be declared.

Article 15. The city, the people of the region, and the housing-covering sector should be informed and interpreted by the house.

Houses are legitimized by law and, with the approval of the Government of the city, the authorities of the city have issued a declaration of the write-off of State land tenure and the recovery of State land use rights.

Article 16 imposes decisions on homes made by the city, the people of the region, which may apply for administrative review under the law or administrative proceedings in accordance with the law.

Chapter III Compensation

Article 17

(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.

The Government of the city, the people of the region grants and incentives to those who meet the provisions of this approach.

Article 18 imposes personal residences and the licensees are in accordance with the housing security conditions and shall give priority to housing security in accordance with the relevant provisions of the housing security, and the licensee may not participate in the social rotation.

Article 19 compensation for the value of the house collected shall not be lower than the market price for the property of the house on the date of the decision-making notice. The value of the house collected is determined by the legal assessment of the real estate price of the corresponding qualifications.

Article 20 states that the commune property authorities shall publish the directory of the property price assessment body with corresponding qualifications.

Article 21 has been consulted by the charging sector to select the real estate price assessment body within five days from the date of the decision-making announcement on the house. There was no consultation and an invitation from the house to the representatives of the collector and the community to select the assessment body in an open manner. The licensee does not elect or is not involved in the drawing of lots and is openly contracted by community representatives to select the assessment body. The drawing process and the results should be made public by the licensor.

Article 2: The real estate price assessment body shall consider in a comprehensive manner the assessment reports of the area, use, construction area, structure, floor level, towards, new and accompanying facilities, and the value of the refurbishment in the house collected should be assessed separately from the value of the subject of the house.

The real estate price assessment body should provide a preliminary assessment of scores of households to the housing sector; the housing levy sector should make the preliminary assessment results of the sub-households available on 7 days within the scope of the house. The valuationr of the property during the presentation was explained on-site.

After the completion of the initial assessment results of the sub-households, the home-covering sector should send the stock-out assessment report from the real estate price assessment body to the household.

Article 23, in the course of the assessment of the house, is not matched by the house or by the collector and does not provide relevant information, and the real estate price assessment body should assess the same type of housing based on the licensee of the right to house ownership and provide information in the assessment report.

Article 24 objects to the results of the assessment, and within 10 days of the receipt of the assessment report, the real estate price assessment body may apply for a review assessment. The real estate price assessment body recovered the results and sent them within 10 days of the date of receipt of the review.

The Committee of Experts on Real Estate Price Assessment may apply for identification within 10 days of the date of receipt of the review. The Committee of Experts on real estate price assessment has writtenly validated views within 10 days of receipt of the request.

Article 25. The licensee may choose monetary compensation or may choose to relocate home property.

The licensee chooses to redeploy the property rights of the home, and the communes should provide housing for the transfer of property.

Article 26 Removals of home houses are made by the owner to choose the property transfer and, in accordance with the area of construction used by the house, are subject to a standard household approach. The value of the portion of the area of the construction of the house, which is leased by property, is not liquidated; the property transfer area exceeds the area of the charging of the house and is subject to an increase in the number of housing construction works in accordance with the property rights transfer; the owner is required to relocate property in accordance with the above-standard construction area and exceeds the market price of the rental of the property.

The area of buildings that have been levied over the largest standard number of households can be compensated in accordance with the standard household selection package or in monetary terms that exceed the largest standard area. The unit has combined the area of construction that goes beyond the market price of the charging of homes in part by the area of housed buildings.

The installation of engineering works in multi-scale residential buildings is carried out in accordance with the previous annual standards published by the municipal construction authorities.

Article 27 provides that the area of construction of a housing standard should not be lower than the following criteria: 1,549 square meters, 254 square meters, 250 square meters. There are no fewer than three metres in the main bedrooms of the various types of households, with no area of residence less than 13 square meters, offices (including corridors) than 4.8 square meters, kitchen houses are not less than 4 square meters, and sanitation is not less than 1.8 m2.

The construction area of the property transfer house exceeds the standard household size, with an increase in the number of constructions installed in the multi-scale residential buildings; the area of property transfer is less than the standard occupants, and the return of under-recovery portions in accordance with market prices for the transfer of homes.

The second eighty-eight non-resident houses were charged with the choice of property transfers and were charged with the calculation of housing value and the liquidation of the difference.

Reimbursement for relocation resulting from the collection of homes are carried out in accordance with the following provisions:

(i) Removal compensation for the person who has been charged in accordance with the criteria of $300,000 for each household;

(ii) The introduction of non-residents should be compensated for relocation based on the cost of equipment demolitions and transport. For equipment that cannot be reactivated, new compensation should be combined with the replacement price; specific compensation amounts may be determined in consultation or commissioned to assess the assessment by the assessment body;

(iii) Removal fees for facilities, such as telephones, cable television, fuel, the Internet, etc., which have been collected in the home, and compensation for the person charged, in accordance with the relevant provisions.

The compensation for temporary accommodation resulting from the collection of homes is carried out in accordance with the following provisions:

(i) An expropriated person's choice of monetary compensation for a temporary settlement of three months per square meth 10 per month, in accordance with a one-time payment for the area of housed buildings;

(ii) The licensee chooses to relocate property and, within the transitional period, the temporary settlement indemnity is granted to the licensee every six months in accordance with the area of construction of the licensed house (for the first month of each six months, for less than half a month, based on a half-month calculation). The transition period is below 18 months of up to 10 square meters per month; the transition period is below 24 months for more than 19 months of up to 11 square meters per month; the transition period is more than 25 months, with a monthly of 12 square meters per month;

(iii) Removal of temporary accommodation from the date of late, owing to the responsibilities of the housing-covering sector, beyond the transitional period. The increase of 50 per cent per month after 1-3 months was delayed; over four months, an increase of 100 per cent per month.

The home-covered sector provides a swing house without paying temporary accommodation compensation to the licensee.

Article 31 provides for compensation for losses caused by the sale of non-residential homes, which is determined by factors such as pre-harvestment benefits, the duration of the suspension of the production sector, in accordance with the following provisions during the transition period:

(i) The licensee can provide the tax sector with the award of the tax revenue obtained, and, in accordance with the following formula, the cost of the suspension is calculated:

The previous year shall be taxed for a period of twelve (monthly period) for the Xunation (month period)

(ii) The licensee is unable to provide a certificate of receipt of the tax collection from the tax sector, or a certificate of receipt of the tax levies, which cannot reflect the loss of the lifetime industry, the loss of the suspension is calculated according to the registered use of the house's rights, the area of construction: the registration of 45 per square kilometre per month per month for commercial, service purposes, registration of 30 square meters per month for office, production purposes, and registration of 20 square meters per month for other purposes.

Non-residents have been charged with the choice of monetary compensation and a one-time payment of three months for loss of the lifetime sector; the choice of home property transfers and compensation for the loss of the insured person's monthly suspension. The duration of the suspension was less than one month and was calculated by one month.

Non-resident houses were levied and no compensation was paid for the loss of life.

Article 32 provides for the choice of monetary compensation by the breadwinner and for the benefit of the licensee.

The amount of the grant to the house was charged with the increase in the amount of the housing assessment. The increase has been determined on the basis of the area of construction that was collected by the house. The construction area is less than 25 square met with an increase of 40 per cent; the construction area is greater than or equal to 25 square meters, less than 33 square meters; the construction area is more than 35 per cent or equal to 33 square meters, or less than 41 square meters; the construction area is greater than or equal to 41 square meters, a ratio of 25 per cent; the construction area is greater than or equal to 49 square meters, an increase of 20 per cent.

The area of housed buildings, which was charged with the area of 49 square meters, should be supplemented by the installation of construction works in the light of the multi-size residential buildings and the amount added to the area of construction to 49 square meters.

The provision of an increase of 49 square meters of under-covered housing buildings, which refers to the area of construction documented by the home title certificate of 31 July 2004 or an increase of 49 square meters in the initial area of construction registered after 1 August 2004.

Article 33 provides for the operation of the house and is compensated according to the home. A written notice by the licensee of the relevant sector prior to the suspension of the relevant procedures by the house has been obtained by law for business and has been taxed in accordance with the law, providing a one-time benefit to the area of construction used for the operation, in accordance with the following criteria:

(i) Operational activities such as business, services and services, with 20 per cent of the amount of the housing assessment;

(ii) A 15 per cent grant of the amount of the housing assessment, in the case of office, production, etc.;

(iii) Undertake other business activities such as warehousing, with 10 per cent of the amount of the housing assessment.

Article 34 provides for low-occupants in cities that meet the minimum living conditions of the urban population, with only one building area of less than 49 square meters of housing, which is unable to meet the poor price and, after the civil affairs sector determines, are housed in accordance with the building area of 49 square meters. In addition to the original construction area, property rights are owned by the Government.

Article 33XV imposes incentives on the licensee.

The house was charged with relocation within the time period specified for the relocation period and awarded an advance relocation award of $100,000.

In addition to early relocation incentives, the overall relocation rate of units, buildings, blocks or projects was 100 per cent over the prescribed period of relocation, granting the unit's home to the owner's overall relocation. Specific incentives criteria and modalities were developed separately by the city, the people of the region, but the overall relocation incentives for the licensee did not exceed US$ 20000.

Article XVI provides for the relocation of property from the home's house, and the municipality in which decisions are taken on house collection, the people of the area should be provided with the house or in the nearest paragraph.

Removals should be based on the open sequencing of the relocation period, and the relocated were chosen by the charging person in the same way as his counterparts.

Article 37 exempts the housing tax from the portion of the value of the house collected, for example, by introducing a property transfer or by the licensee's purchase in monetary compensation.

Article 338 imposes public houses, and the leasing relationship terminates with the occupants who choose monetary compensation. For homes, 20 per cent of the estimated amount of the house should be paid to the occupants, while other related compensation is paid to the occupants of the house; non-residents should be charged against 40 per cent of the estimated amount of the house, and other related compensation is paid to the occupants.

The licensee and the occupants are not in agreement with respect to the lifting of the lease relationship, and the commune and territorial governments should redeploy the licensee's property rights. The property transferee was rented by the former house tenant and the licensee should re-establish the housing lease contract with the former owner.

In the area of unregistered buildings, as determined by the rural and urban planning authorities, compensation is provided in accordance with the provisions of the scheme; temporary buildings that do not exceed the approved period shall be compensated for the remaining period of use in accordance with the construction construction costs; and no compensation shall be paid to the temporary buildings that are found to be in conflict with the law and exceed the approved period.

In the case of the National People's Republic of China Urban Planning Act of 1 April 1990, which had previously enacted self-established and self-sustained independent houses, the rights of the owner had an official household in the area of house collection and had no other place of residence, which could be combined with a new compensation for the construction of the construction of the house in accordance with different structures, with a specific amount of compensation determined by the real estate price assessment body. The nature of the compensation target, the amount of compensation, etc., is shown on 5 days within the scope of the house.

Article 40. The housing levy sector should enter into a compensation agreement with the licensee. The compensation agreement shall include the following:

(i) Modalities for compensation;

(ii) The amount of compensation and the period of payment;

(iii) The location and area of property transfer;

(iv) Removal compensation, temporary accommodation compensation or working capital, suspension of work;

(v) Period of relocation;

(vi) Transitional means, such as transition periods.

Upon the conclusion of the reparation agreement, a party does not meet the agreed obligations of the Compensation Agreement, and the other party may bring proceedings in accordance with the law.

The model text of the compensation agreement for the home was compiled by the municipality's house collection.

In accordance with the provisions of this approach, the housing leprosy sector has not reached a compensation agreement within the time frame established by the scheme for the collection of compensation, or has been unambiguous by the owner of the house, which is reported by the house to make decisions on house collection, and by the Government of the people of the region, in accordance with the provisions of this scheme, to make compensation decisions in accordance with the compensation scheme and to make public notices within the scope of the house collection.

The compensation decision shall be fair, including matters relating to the compensation agreement provided for in article 40, paragraph 1.

The author's decision on compensation may apply for administrative review in accordance with the law or for administrative proceedings under the law.

Article 42 states that the imposition of the house shall be compensated and relocated.

Municipalities that make decisions on house collection should be reimbursed in a timely and full manner by the affected population. The licensee shall complete the relocation period in accordance with the terms agreed upon by the Compensation Agreement or the period determined by the compensation agreement.

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 43 thirteenth is not applied by the licensee for administrative review or for administrative proceedings within the statutory period, and is not relocated within the time period specified in the compensation decision, by the municipality in which the decision is taken on the house, the Government of the people of the region applies to the enforcement of the People's Court by law.

The application for enforcement should be accompanied by compensatory amounts and registrars's stores, the place of property transfer and swinghouses, and the area.

Article 44 states that the housing levy shall be established by law to collect compensation files and that the compensation of sub-households shall be 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 Legal responsibility

Article 44XV Abuse of authority, negligence, provocative fraud in the home by members of the house in the course of house collection and compensation, is subject to administrative disposition by law, resulting in loss, liability under the law, and criminal liability by law.

Article 46 imposes a person's removal by unlawful means, such as violence, threat or violation of the provision for the interruption of water supply, heating, heating, electricity and road traffic, causing loss to be borne by law; imposes liability under the law for the direct responsible supervisors and other direct responsibilities, which constitute criminal liability under the law; do not constitute a criminal offence and shall be disposed of by the law; constitutes a violation of the law management.

Article 47 means, such as violence, threats, impeding the collection and compensation of houses under the law, which constitutes criminal responsibility under the law, and constitutes a violation of the management of the law and punishes the security sector.

Article 48, corruption, misappropriation, separation, default and payment of compensation expenses, is correct, recovers the relevant payments, refunds the proceeds of the violation, informs the responsible units of criticisms, warnings; causes loss and liability under the law; criminalizes the direct responsible person and other direct responsibilities, constituting criminal liability under the law; does not constitute an offence and disposes of the law.

Article 49 of the real estate price assessment body or the property valuation manager's false or significant error assessment report, which is redirected by the issuing agency, gives warnings, pays the property price assessment institution and fines of up to 200,000 yen to fine the value of the estate and to pay more than 30,000 yen to the credit file and is recorded in the credit file; in the case of serious circumstances, the award, registration certificate, the loss, the liability under the law, and the criminal liability for the offence.

Chapter V

Article 50 shall be responsible for the collection and compensation of homes within the Territory, in accordance with this approach.

Article 50 states (market) houses are charged and compensated by this approach.

Article 52 is implemented since the date of publication.

The Rules for the Implementation of the Regulations on the Removal of Urban Houses, issued by the Government of the city on 30 October 2004, the provisions for the relocation of houses in the municipality of the municipality of the municipality of the city on 6 July 2005, the provisions for the relocation of houses in the municipality of the municipality of the city, which were published on 10 March 2006, the provisional provision for the relocation of homes for the settlement of the housing demolition of homes in the city of the Flood Rehabitation Project, which was released by the Government of the city on 15 May 2007, was repealed.

The State Department's National Land-Based Housing and Compensation Regulations had previously obtained housing demolition permits under the law, including the ongoing construction of squatters, which had continued to follow the original provisions, but the Government of the people must not oblige the relevant departments to forcibly dismantle their evictions.