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Shijiazhuang Interim Measures For Houses On State-Owned Land Expropriation And Compensation

Original Language Title: 石家庄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 land in the State of the Clinic

(Summit No. 55 of 13 June 2011 for the Twelfth People's Government of the Libreeds, considered the adoption of the Decree No. 177 of 29 June 2011, published on 5 August 2011)

Chapter I General

Article 1 provides for the regulation of house collection and compensation activities on State land, the maintenance of public interest, the safeguarding of the legitimate rights and interests of the licensee of the house and the development of this approach in line with the State-owned land-based regulations.

Article 2, for the public interest, should provide fair compensation to the licensed owner (hereinafter referred to as the collector) for the collection of State-owned land units and personal homes within the current municipal administration.

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

Article IV. The people's Government is responsible for the collection and compensation of homes in the State's land within the present administration and oversees the collection and compensation of the Government of the lower-level population.

The Government of the city has decided to collect and compensate the house by the Government of the people of the Maximum, New Howard, Long-Term and Shan (hereinafter referred to as the five districts of the city).

The Governments of the various districts (markets) and the mined areas are responsible for the collection and compensation of State-owned land in their territories.

Article 5 provides for the organization of the collection and compensation of homes in the Territory, in the city, in the district (market), in the construction of administrative authorities in the mine area and in the housing-covering sector established by the Government of the people of the five areas in the city.

The urban construction of administrative authorities and the home-based administration should strengthen oversight guidance in the various districts (markets), sector-covered buildings, regulating the collection and compensation of their homes.

The Government, the relevant departments and the street offices should work in conjunction with their respective responsibilities in the area of house collection and compensation.

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 units shall not be used for profit.

The house-covering sector has commissioned the operation of the implementing units, and the implementation units should be charged to the house. The letter of entrusting the agreement shall specify the scope, competence, duration, work requirements and other relevant elements.

The house-covered sector oversees the collection and compensation of homes carried out by the housing units within the scope of the commission and assumes legal responsibility for their consequences.

The house-covered implementation units should have managers, professional technical personnel, legal service personnel and other staff that are responsive to the size of the house.

Article 7

Chapter II

Article 8 provides one of the following conditions for the public interest:

(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 states that construction activities requiring the collection of homes in accordance with article 8 of this approach shall be consistent with national economic and social development planning, land-use master planning, rural and urban planning and specific planning.

Safeguarding the construction of SICA and the alteration of the old urban area should be integrated into the annual plan for economic and social development of the city, the district level.

Article 10. The municipality's house-covering sector will be implemented with the approval of the Government of the urban people, in accordance with the plan for the planning and annual planning of national economic and social development, the overall land-use planning, rural and urban planning and special planning.

Article 11, according to article 8 of this approach, requires the collection of State-owned land-based homes, and project units should submit the following materials to the house-covering sector:

(i) A review of the project proposal submitted by the four governmental organizations to the development reform sector under Article 8, paragraphs 1, 2, 3 and 3, of this approach; this project, which is part of Article 8 of this approach, is submitted to the development reform sector in accordance with the annual plan of national economic and social development;

(ii) Projected land planning conditions and project-based terrain maps for rural and urban planning sectors;

(iii) In line with the overall land-use planning evidence from the land resources sector;

(iv) The financial sector, project authorities or banks have provided evidence of the funding of the proposed compensation budget;

(v) Other submissions.

Article 12. The housing-covering sector is based on a project-based terrain map for the rural and urban planning sectors, which is approved and published by the municipal, district-level people's governments.

Since the date of publication of the scope of the house, units and individuals within the scope of the house shall not carry out the following improper increases in the cost of compensation, in violation of the provisions and shall not be compensated.

(i) Construction, alteration and expansion of homes;

(ii) Changes in house use;

(iii) Distinction of transfers and subsectors, except as otherwise provided by the law;

(iv) Non-resident housing rental;

(v) Other inappropriate increases in compensation costs.

The housing levy sector should inform, in writing, about the matters outlined in the previous paragraph, of the suspension of the relevant procedures in the relevant sectors of development reform, land resources, rural and urban planning, housing. The suspension of written notice shall contain the period of suspension. The duration of the suspension shall not exceed one year.

Article 14. The housing sector should provide the housing levying sector with the required case of the property transaction for the collection of the house and its neighbouring real estate price assessment, as well as information on the land registration cards, maps, etc.

The real estate price assessment body should collect information on the price of the home transaction.

Article 15. The housing levy sector may entrust the house with carrying out investigation registration and pre-assessments, including:

(i) The basic situation of the person charged;

(ii) The location, title, use, structure, construction area, etc.;

(iii) Expropriation of tenure, use, area, etc.;

(iv) The collection of house dressings, subsidiary facilities and subsidiary properties;

(v) The absence of registration of buildings and temporary buildings;

(vi) The rents, mortgages, seizures;

(vii) The manner in which the person is to choose;

(viii) In the area of leakage and in the case of near-Earth property;

(ix) The situation of suspension and loss of work resulting from the collection of homes;

(x) The circumstances in which the licensee meets the housing security conditions;

(xi) Other needs to investigate registration.

The results of the investigation should be made available to the licensee within the scope of the house. The licensee contests the publication of the results of the investigation registration, and the unit of implementation for the house collection or house should be verified.

Article 16, the nature of the use of the house and the area of construction, is generally based on a certificate of residence and a record of the house register. The housing rights certificate is not consistent with the records of the house registers and, in addition to the evidence that the home registry is wrong, the records of the home registry are kept.

The nature of the use of houses or the area of construction are subject to a written request by the parties and a written determination by the urban and rural planning, the housing sector within five working days from the date of receipt of the request.

Article 17 The house-covering sector conducts investigations, identifications and treatments based on their respective functions, on the basis of unregistered buildings and temporary buildings that are not covered by the house.

Reimbursement is granted to temporary buildings that are determined to be legitimate buildings and that have not exceeded the time period of ratification; no compensation shall be paid for temporary buildings that are found to be in conflict with the law and exceed the period of ratification and are made available within the scope of the collection.

Article 18 investigates, registers, determines that, at the end of the period, the housing levy sector should organize the preparation of the renovation project in the old urban area for the construction of a detailed planning or construction project design programme for the construction of houses for property transfer, as well as the clearance of the district rural and urban planning sector.

Article 19 The housing levy sector should develop housing-related compensation programmes based on survey registration, project pre-assessment, construction of a detailed planning or construction engineering design programme, which should include the following main elements:

(i) Scope and means of reparation;

(ii) The average price of the housing market for different types;

(iii) The average market price of the property transferee, the construction of a detailed planning or construction of the engineering design programme, the household map and the conditions of the housing sector;

(iv) A public assessment subsidy factor for different types of households;

(v) Transitional means, deadlines, temporary housing standards, incentives and subsidies standards;

(vi) The calculation criteria for the loss of the lifetime industry;

(vii) Period of signature;

(viii) Other elements should be included in the compensation programme.

Article 20 states that the housing levying programme should be presented to the municipalities, district-level people's governments, organized by municipal, district-level people's governments to develop reforms, land-use resources, rural and urban planning, housing management, finance, etc.

Prior to the issuance of compensation programmes by the five housing units in the city, the housing collection programme should be presented to the municipal housing-covered sector in a holistic manner.

Article 21, after the introduction of the housing compensation programme, the municipalities, district-level people's governments should open public consultation on the home-based government and house-covered sector websites, and requests for public information not less than 30 days. During the consultation of the public, the housing levy sector should also send home-based compensation programmes to the collector.

Governments at the municipal, district level should make requests, based on changes in public and licensed opinions, available within 15 days of the end of the request period.

Article 2 is due to the need for housing in the old urban area, where more than half of the charging programme is considered to be incompatible with the National Land Collection and Compensation Regulations and under this scheme, with the participation of disbursed representatives, public representatives, house-covered offices, etc.

The municipal, district-level people's government should modify the organization of the compensation programme for homes based on hearings.

Article 23, the Government of the city, the district level should organize research in the relevant sectors such as development reform, land resources, urban and rural planning, housing, public safety, finance and correspondence visits, and take decisions on house collection, which involve more than 150 persons who have been collected, shall be discussed by the Standing Committee of the People's Government of the city; the decisions taken by the various districts (communes), landlords' homes in the mined area involving more than 75 persons who have been affected, shall be taken into account by the ordinary meetings of the various districts (communes), the Government of the mined areas.

Prior to the decisions taken by the municipal, district-level people's governments on house collection, a risk assessment of social stability should be conducted in accordance with the relevant provisions.

Article 24 shall be declared within 10 days after the decision of the municipal, district-level people's Government to impose their homes, and shall be taken by the house-covered sector. The announcement should contain matters such as the compensation programme and administrative review, the right to administrative proceedings.

Municipal, district-level people's governments and housing-covered sectors should be informed, interpreted and compensated for homes.

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

Article 25 The district-level housing-covering sector should be reported to the municipal homes within 7 days of the date of the decision taken by the Government of the people at this level to collect housing decisions and housing compensation programmes.

Article 26 Prior to the decision on house collection, the cost of compensation should be fully in place, with exclusive storage and specialization.

The housing levy sector should strengthen the regulation of the collection of compensation funds, which are developed by the Government of the city.

Article 27 provides for the registration, pre-assessment, testimony, hearing, identification, notice, public testimony, assessment and other work-related requirements, which are financed by the project unit in the pre-registration of the survey.

Chapter III Compensation

Article 28 reparations to the licensee include:

(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 urban, district-level people should be rewarded for persons who have been relocated within the prescribed relocation period.

The incentive scheme was developed and published by municipalities, districts (markets), the people of the mined areas.

Article 29 quantifies the State's home and, within the time of the signing of the contract, the licensee shall enter into a settlement agreement with the house-covered sector, which shall contain the following:

(i) The address, authority, area of construction, use, type, structure, floor level;

(ii) Modalities for compensation;

(iii) The amount of monetary compensation, the manner of payment, the period of payment and the manner of settlement;

(iv) The address, title, construction area, use, structure, floor, and cost-efficient solutions for property transfer;

(v) Terms of relocation, relocation modalities, transitional periods, relocation costs and temporary relocation costs;

(vi) Matters such as suspension of work, loss of work;

(vii) Liability for default;

(viii) Other agreed matters.

The model text of the settlement agreement was developed and published by the municipality's unit.

Article 33 compensation for the value of the house collected shall not be lower than the market price for similar housing property that was charged on the date of the decision of the house. Reimbursement for the value of the house are determined by the correspondingly qualified real estate price assessment body based on the housing-based assessment scheme and the average market price of the various types of the house collected, in conjunction with the assessment of the size, structure, new levels and facilities, land area and land tenure.

The housing-covering sector shall grant public assessment benefits in accordance with the specific circumstances of the given house. The public assessment grant is determined by the real estate price assessment body on the basis of the public assessment benchmark subsidy factor.

The public assessment benchmark subsidy factor is published by the municipalities, districts (markets), the people of the mined areas.

Article 31 sets out the value of temporary buildings that have not exceeded the period of ratification or have not been specified and have been used for a period not exceeding two years of time, and is determined by the real estate price assessment body through the depreciation factor assessment in accordance with its home replacement price.

The depreciation factor is determined in accordance with the following provisions:

(i) There shall be a time limit for approval to determine the base period;

(ii) No year of ratification shall be determined by the base period of two years.

Article 32 states that the real estate price assessment body is selected by the licensee for consultation within the prescribed time period; the consultations are inconclusive, and the house-covered sector is determined either by a small number of principles subject to the majority, or by means of ecology, drawing lots.

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

Each year, the city's home-covering sector should publish the list of social credibility, integrated strengths and correspondingly qualified real estate price assessment agencies for the benefit of the user's choice.

Article 33 The house levy sector or the licensee have contested the value of the house collected as determined by the assessment, which may apply for a review assessment of the original real estate price assessment body. The Committee of Experts on the Assessment of Real estate Prices can be validated against the review.

The Government of the city should organize a Committee of Experts on Real estate price assessment composed of experts in the areas of real estate valuation, urban planning and law.

Article 34 quaranters may choose monetary compensation or may choose to redeploy home property; as a result of the releasing of homes in the old urban area, the licensee chooses to relocate home property in the alterations, the municipal, district-level people's government should provide a replanatory paragraph or a house on the nearest paragraph for the benefit of the licensee's choice.

Article XV, who was charged with choosing monetary compensation, should pay monetary compensation to the licensee.

The licensee chooses to redeploy the property rights of the house, which should provide property transfer. The property transfer house is home-based, the housing levying sector is calculated with the licensee, the closing of monetary compensation and the difference in the value of the property transfer; the property transfer for a housing facility; the housing levy sector and the disbursed to calculate the price of monetary compensation and the value of the property transfer.

The value of the rental of homes is determined by the real estate price assessment body, based on the housing assessment scheme and the property leasing scheme, in the light of the average price of the housing market.

Article XVI imposes monetary compensation for public-owned houses carrying out national rental standards, where the home's renter has not been granted the National Housing Reform Policy, 20 per cent of the monetary compensation rate paid to the licensee, 80 per cent of the rentals paid to the house, and 80 per cent of the renter's rented homes have been paid under the State's standard, and 80 per cent of their homes have been paid to the tenants for a portion of the rented housing scheme.

Article 337 provides for the transfer of property rights to public housing units that implement the State's standard of rent, such as the unsettled price of the licensee or tenant of the house, the housing-covering sector may be purchased for the purchase of the value of the royalties, which are used by the licensee to house the former tenants and to re-establish the rental contract.

Article 338 imposes on non-resident houses that implement the State's standard of rent, who have been housed by the licensee and shall be subject to monetary compensation. With the introduction of a property transfer, the housing-covering sector can be able to purchase the value of the property, such as house compensation payments, which are used by the licensee to house the tenants and to re-establish the housing rental contract.

Article 39 is in line with the housing security conditions, and the municipalities, district-level governments should give priority to housing security.

The Government of the people of the mined areas should be provided with the assistance of persons who have been charged with special hardship, and the specific approach was drawn up.

Article 40 causes relocations due to the collection of homes, which are paid by the house to the licensee for relocation; transition relocations are loaded by two times the one-time relocation rate.

The house used for the transfer of property has not yet been completed and the licensee can be able to move forward. There is a difficulty in the transition to self-departure, with the provision of swing houses by the house.

The house was charged with the choice of monetary compensation by the collector, which should pay a 12-month temporary settlement fee for the licensee; the licensee's choice to relocate property; the housing levy shall pay for a three-month temporary settlement fee; the licensee's choice for the relocation of the property right to the self-return, the housing sector shall agree on a transitional period with the reasonable construction of the licensee and pay for temporary accommodation.

The period of reasonable construction is 18 months, from 7 to 11 to 24 months, from 12 to 24 months and from 25 to 36 months.

The specific criteria for relocation and temporary settlement costs are established by cities, districts (markets), the Government of the people of the mined areas in accordance with local economic development.

Article 40 Transitional period exceeding the agreed time frame for the settlement agreement shall be implemented in accordance with the following provisions:

(i) A house tenant whose own transition or the implementation of the national rental standards shall be based on a standard base for an additional temporary settlement;

In the 12-month period, an increase of 50 per cent over the previous month;

Two months after 12 months, an increase of 75 per cent over the 13-month period;

More than 24 months later, 100 per cent increase over the 25-month period.

(ii) Abductor of a home for a swing house or a tenant for the implementation of a national rental standard shall be paid a monthly temporary settlement indemnity for the construction area of a house that is subject to the criteria for the month of late:

In the 12-month period, 50 per cent of the required criteria have been released since the end of the year;

Two months after 12 months, 75 per cent of the required criteria have been paid for the 13-month period;

More than 24 months later, 100 per cent of the required criteria have been calculated for 25 months.

The house-covered sector was agreed with the licensee for the previous paragraph.

Article 42 defines the value of the repairs in the househouse, the relocation of machine equipment, material, fuel, heating, air conditioners, heat water tanks, installation costs, and compensation for the loss of the lifetime industry, as determined by the parties' consultations; the non-negotiation of the consultations could be entrusted to the real estate price assessment body through the assessment.

Upon the determination of the former compensation cost, compensation should be paid to the licensee; the licensee has agreed with the tenants for the Compensation.

Article 43 imposes houses with mortgage rights and is implemented in accordance with the State's relevant security laws and regulations.

In accordance with the provisions of this approach, the Government of the sanctuaries and the house collects no agreement within the time frame established by the compensation programme or is unambiguous by the house, the city, the district-level people, who are asked to make decisions on house collections, and in accordance with the provisions of the scheme, shall make compensation decisions in accordance with the compensation scheme and shall be issued within the scope of the house collection.

Reimbursement decisions on housing should be fair, including matters relating to the payment of compensation agreements under article 29 of this scheme, and the relocation period established in the compensation decision shall not be less than 15 days.

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 was unambiguous, and following a decision by the municipal, district-level people's Government to make housing payments decisions, the house-covered or commissioned home-covered units should produce a survey record and provide evidence to the public witness bodies.

Article 46, when a compensation agreement was signed between the licensee and the house-covered sector, the homeowner's ownership certificate, the State land-use rights certificate were delivered to the house-covering sector, the payment of the compensation agreement, the home ownership certificate, the national land-use certificate, the national land-use rights certificate, and the disposal of the land resource sector.

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 municipalities, district-level people's governments that have taken decisions on the house are required to enforce by law the People's Court.

The application for enforcement should be accompanied by information on the amount of compensation and the location and area of the exclusive store, the property transfer and swinghouse.

Article 48 imposes on homes that should be compensated and moved.

Upon the payment of compensation to the licensee by the municipality, the district-level people who have taken decisions on house collections, the licensor shall complete the relocation within the time period determined by the compensation agreement or the settlement.

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

Article 49 demolitions should be carried out by construction units with secure conditions, with the responsibility of the head of construction units for the demolition of homes.

Article 50 states that the housing levy shall be established by law and that each household's compensation shall be made public to the licensee within the scope of the house.

Article 50 states that public security, education, civil affairs, human resources and social security shall be supported by their respective responsibilities in connection with the collection of homes, and shall not be allowed to increase the burden of the house collection sector and the person being charged in a timely manner.

Chapter IV Legal responsibility

Article 52 does not perform the duties set out in this approach in the collection and compensation of staff at the municipal, district level and in the house, or in the abuse of their functions, insecure and invoking private fraud, are criticized by the Government of the city, resulting in loss and liability under the law, and is punishable by law for the direct responsible supervisors and other persons directly responsible.

Article 53 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 movement, resulting in loss under the law; imposes liability under the law for the direct responsible supervisors and other direct responsibilities, which constitute criminal responsibility under the law; do not constitute a crime; and is not punishable by law; and constitutes a breach of the law.

Article 54 imposes methods such as violence, threats, which impede the collection and compensation of houses under the law, constitute criminal liability under the law, and constitute a violation of the management of the law and imposes penalties on the security sector.

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

Article 56 of the report of the assessment of the real estate price assessment body or the owner of the value of the property, which is false or significant, has been corrected by the awarding authority, warnings, payment of the property price assessment institution and fines of up to 200,000 dollars, fines for the valuation of the property and amounting to more than 30,000 dollars of the value of the property, and is recorded in the credit file; serious circumstances, repayment of the certificate, registration certificate, resulting in the loss, liability under the law, and criminal liability.

Article 57 provides for the self-covering of State-owned land-based housing units, which are charged by municipalities, districts (communes), mined houses to stop the collection and inform the development reform, land resources, rural and urban planning sectors of the closure of their project clearance procedures.

Any organization or individual who violates the provisions of this approach shall be entitled to report to the relevant people's Government, the housing-covering sector and other relevant sectors. Reports should be verified and processed in a timely manner by the city, the district-level people's Government, the house-covering sector and other relevant sectors.

Chapter V

Article 599 may be implemented in the light of this approach.

Article sixtieth of this approach has been implemented from 5 August of 260. The Modalities for the demolition of homes in the cities of the city, which was published in No. 124 of the Royal Decree No. 124 of 20 May 2002, were also repealed, and administrative forced evictions could not be carried out before the introduction of the National Land-Based and Compensation Regulations.