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Shijiazhuang Houses On State-Owned Land Expropriation And Compensation Measures

Original Language Title: 石家庄市国有土地上房屋征收与补偿办法

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Chapter I General

Article 1 establishes this approach in the light of the State Department's National Land Taxation and Compensation Act, in order to regulate the collection and compensation activities of State-owned land, to preserve public interest and to guarantee the legitimate rights and interests of the licensee of the house, in accordance with the National Authority's Regulations on the Collection and Compensation of Housing and Compensation, the State Land of the River Province.

Article 2

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 seven districts of the city, by a project taken by the Government of the People's Government of Bridges, New Howards, Excellence, hannes, hannes, hannes, Turkmen, treasury, treasury, treasury, treasury, treasury, treasury, treasury, town hall, recuperation area (hereinafter referred to as seven areas in 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 is responsible for the organization of the collection and compensation of homes in the Territory, either in the city, in the district (market), in rural and urban construction authorities or in the housing-covered sectors determined by the Government.

The urban and rural construction authorities and the home-based structures should strengthen the guidance of the various districts (communes), sector-covered buildings and regulate the collection and compensation of their homes.

The Government of the sanctuary of the house, the relevant sector and the street offices, and the communes should work in conjunction with their respective responsibilities to collect housing 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 urban and rural construction authorities should strengthen the management of housing-covered units, with specific approaches being developed.

In each district (market), the people of the region, according to the needs of the purchase of services, can complete the collection of homes and related mapping, house demolition, legal services, home-based labour.

Article 7. The urban and rural construction authorities shall establish a pool of human resources and credit files for homes, and shall conduct knowledge training and appraisals for persons engaged in house-wide work.

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. The housing leprosy sector will develop specific scope for house collection with the urban and rural planning sector, with the approval and publication of the municipal, district-level people's government.

Article 12 Between 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 such as development reform, land resources, urban and rural planning, housing and rural-urban construction. The suspension of written notice shall contain the period of suspension. The duration of the suspension shall not exceed one year.

Sections such as tax, public safety, land resources, housing and rural and urban construction should provide, in accordance with their respective responsibilities, information on the taxation of licensees or tenants, householdization, business registration, housing and land and personal housing.

Article 14. The housing leprosy sector may commission a survey registration and pre-assessment assessment by the implementing units and real estate price assessment agencies, 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 15. The nature of the use of the house and the record of the area of construction is limited to the registration of a house.

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 rural and urban planning, land resources, housing and rural-urban construction sectors in accordance with their respective responsibilities. Upon confirmation, the area of construction of the house collected was not in line with the area of the property certificate, which was commissioned by the house-covered sector to carry out measurements, and the portion of the results exceeded the area of the property certificate was compensated in monetary terms in accordance with 80 per cent of the average price of the house market.

Article 16 provides for the unregistered buildings and temporary buildings that are not covered by the house, to investigate, identify and deal in accordance with their respective functions by sectors such as urban, district-level government.

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 17 investigates, registers, determines that, after the end of the settlement, the housing levy sector should organize the development of the old urban renovation project for the construction of a detailed planning or construction project for housing construction sites for property transfer, in accordance with the need to relocate.

Article 18 The housing levy sector should develop housing-related compensation programmes based on surveys, housing pre-assessments and property transfers, which should include the following key elements:

(i) Scope and means of reparation;

(ii) The different types of royalties for the assessment of market average prices;

(iii) The advance assessment of the market average prices for the rental of property, the location of property, the household map and the conditions for the return of housing;

(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 19 The housing leprosy sector should inform the municipalities, district-level people's governments of the proposed housing scheme, and the development reforms organized by the municipal, district-level people's governments, land-use resources, rural and urban planning, housing urban and rural construction, and finance, etc.

The housing-covered sector in the seven districts of the city precedes the housing compensation programme, which should be presented to the municipal housing-covering sector in an integrated manner.

As a result of the introduction of the home-based compensation programme, the municipalities, district-level people's governments should openly consult the public on the home-based government and house-covered sector websites and seek public advice for the period 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 and be made available in a timely manner on the basis of public opinion.

Article 21, which requires theft of homes due to the alterations in the old urban area, is considered by more than half of the charging programme for the house to be incompatible with the State-owned land collection and compensation regulations and this approach, 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 22, 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 urban and rural construction, public safety, finance, trust visits, etc., and take decisions on house collection involving the high number of persons charged and should be taken up by the Standing Government Conference.

Social stabilization risk assessment should be carried out before a decision by the urban, district-level people's governments to impose homes.

Article 23 shall be declared within 10 days after the decision of the municipal, district-level people's Government to impose homes, and the home-covered sector has been taken up. 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.

Houses are levied by law and the State's right to land is recovered simultaneously.

The district-level house-covered sector should be reported to the municipal housing house 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 25 Prior to the decision on house collection, the cost of compensation should be fully put 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 26 registers, pre-assessments, arguments, hearings, confirmations, confirmations, bulletins, public evidence, assessment and other work-related costs are included in the cost of leasing.

Chapter III Compensation

Article 27 compensation for the person charged includes:

(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.

Article 28 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 29 compensates for the value of the house collected shall not be lower than the market price of the house's similar properties on the date of the decision of the house. Reimbursement for the value of the house are determined by the corresponding cumbersome real estate price assessment body based on an average market price for the different types of the house collected according to the housing-based assessment scheme, in conjunction with the assessment of the size, structure, oldness and the facilities, land area and land use rights.

The housing-covering sector shall grant public assessment benefits in accordance with the specific circumstances of the house collected.

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

Article 33 quantifies 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 2 years, and is determined by the real estate price assessment body with the depreciation factor assessment based on its home repayment.

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 31: The real estate price assessment body is chosen by the licensee for consultation within the prescribed time period; the consultations are inconclusive and the house-covered sector is determined either through the organization of a small number of disobeyed principles, or by means of an cranes, 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 32, the house levying sector or the licensee contested the value of the house collected as determined by the assessment, 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 urban and rural construction authorities should organize a committee of experts in the areas of real estate valuation, urban planning and law.

Article 33 quaranters may choose monetary compensation or may choose to relocate home property rights; encourage the licensee to choose monetaryization.

Article 34 quarants have opted for monetary compensation, and the housing levy sector 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 property transfer is determined by the real estate price assessment body based on the assessment of the scheme.

Article XV imposes a monetary compensation for public housing units performing national rental standards, which are not granted by the tenants to the National Housing Reform Policy, 20 per cent of the payment of monetary compensation payments to the licensee, 80 per cent of the tenants paid to the home and 80 per cent of the renter's renters are exempted from the housing policy; 80 per cent of their homes have been paid by the tenant under the terms of the State's pension scheme, 80 per cent of the payments paid to the less than 20 per cent of the tenants's tenants, and 20 per cent of the rents have been paid by the State.

Article XVI provides for the transfer of property 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 can purchase the value of the purchase of the royalties, which are used by the licensee to house the former tenants and to re-establish the rental contract.

Article 37 imposes on non-residents that implement the State's standard of rent, who have been housed by the licensee and shall be compensated in monetary terms. 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 338 is in line with the housing security conditions, and the municipalities, district-level governments should give priority to housing security.

(i) Execution of monetary compensation, which is paid by 30 square meters without housing and a total area of construction, after compensation is still in accordance with conditions, giving priority to housing security.

(ii) Execution of property transfers, where the household was not housed and the total area of construction was less than 30 square meters, the latter 30 square meters were not required to pay their housing payments, exceeding a portion of the price of the real estate market.

In the case of households that are unable to pay the price, the housing they are transferred can be proportional to the commune, district-level people's governments, who should pay rents to the owner on part of the guarantee of non-self-ownership in the standard, and in respect of part of the guarantee of non-self-ownership rights. The licensee may be purchased at market prices at the time of re-purchasing.

Article 39, which causes relocation due to the collection of homes, pays relocation expenses to the licensee by the house; transition relocations are divided 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.

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

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

(i) A house tenant whose own transition or the implementation of the national rental standards shall be due to expire in the month of the month, setting the standard base and increasing temporary accommodation costs:

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 40 provides for the repair of the value of the house, the relocation of machine equipment, goods, 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 can 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 42 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 sanctator and the creativity of the population at the district level, in accordance with the provisions of this scheme, makes a compensation decision in accordance with the compensation programme and, 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 44 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 44 fractures are delivered to the home-based property certificate, a national land-use certificate or an immovable property certificate when a compensation agreement is signed between the licensee and the house-leaded sector; a house-holding decision, a compensation agreement or compensation decision, a home ownership certificate, a national land-use certificate or a certificate of property rights to the local resource sector for write-off.

Article 46 was not applied by a person for administrative review or for administrative proceedings within a statutory period of time and was not relocated within the time period specified in the compensation decision, and by the municipality, the territorial Government of the district, where the decision was taken on the basis of the house.

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 47 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 48 Eighteen house demolitions should be carried out by construction units with secure conditions, with the responsibility of the head of construction units for house demolition.

Article 49 states that the housing levy shall be established by law to collect compensation files and that each household's compensation shall be made public to the licensee within the scope of the house.

Article 50 states, such as public security, education, civil affairs, human resources and social security, shall support the collection of homes in accordance with their respective responsibilities, and shall be processed in a timely manner with respect to the relevant procedures such as the breadwinner, the school attendance, referral and social security of the licensee, without taking advantage of the increased burden of the house collection sector and the collector.

Chapter IV Legal responsibility

Article 50 (1) Staff members at the municipal, district level and in the housing-covering sector do not perform their duties under this approach in the collection and compensation of homes, or abuse of their functions, insecure and invoking private fraud, are criticized by the Government of the city, causing loss, paying liability under the law; distributing authority to the competent person directly responsible and other persons directly responsible; and acting in accordance with the law.

Article 52 imposes an unlawful manner, such as violence, threat or violation of the provisions for the interruption of water supply, heating, heating, electricity and road traffic, for the purpose of releasing the licensee, causing loss to be liable under the law; imposes a criminal responsibility on the part of the direct responsible person and other direct responsibilities; does not constitute a criminal offence; disposes of the law; constitutes a violation of the law and punishes the administration of the law.

Article 53 imposes methods such as violence, threats, which impede the collection and compensation of houses under the law and constitute criminal liability under the law; constitutes a violation of the management of the law and imposes penalties on the security sector.

Article 54, 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 a crime; and does not constitute a crime and give legal treatment.

Article 55 of the report of the assessment of real estate price assessment body or the real estate valuationr, which is false or materially misperceptive, is being warned by the awarding authority for a period of time being converted to the notice, the payment of a fine of up to 200,000 dollars for the real estate price assessment institution and a fine of up to $30,000 for the valuation of the property and is recorded in the credit file; the serious circumstances, the release of a certificate of credit, the certificate of registration, the loss resulting in a legal liability; and the criminal liability of the law.

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 57

Article 58 The provisional scheme for the collection and compensation of houses in the State of the Cyclones, which was published in Order No. 177 of 5 August 2011, has been repealed, and administrative forced evictions are not carried out before the introduction of the National Land-Based and Compensation Regulations.