Zheng Dong [20 16]No. 18
The people's governments of townships and towns and the relevant departments of the county government:
The Interim Measures for Expropriation and Compensation of Houses on Collective Land in Feidong County have been studied and passed at the 43rd executive meeting of the county government, and are hereby printed and distributed to you, please implement them seriously.
April 26(th)
Interim Measures for Expropriation and Compensation of Houses on Collective Land in Feidong County
Article 1 In order to standardize the expropriation and compensation of houses on collective land in our county, safeguard the legitimate rights and interests of house owners, and ensure the smooth progress of urban and rural construction, according to the Law of People's Republic of China (PRC) on Land Management, the Law of People's Republic of China (PRC) on Urban and Rural Planning, the Measures for the Implementation of the Law of the People's Republic of China on Land Management in Anhui Province and the Notice of Hefei Municipal People's Government on Printing and Distributing (Hezheng [2014]/kloc-
Article 2 These Measures shall apply to the expropriation and compensation of houses on collective land in this county.
Article 3 The county government is responsible for the expropriation and compensation of houses on collective land within the administrative area of this county. The county land and resources management department shall, jointly with the county housing and urban-rural construction department, be responsible for the management and supervision of house expropriation and compensation on collective land. County development and reform, finance, housing management, human society, planning, agriculture, public security, supervision, auditing and other departments shall, in accordance with the provisions of these measures and their respective division of responsibilities, ensure the smooth progress of housing expropriation and compensation on collective land.
Township People's Government (Development Zone Administrative Committee) (hereinafter referred to as the implementation unit of house expropriation) is responsible for the specific work of house expropriation and compensation on collective land within its jurisdiction.
Article 4 Where houses on collective land need to be requisitioned for construction, the implementation unit of house expropriation shall report to the county people's government to make a decision on house expropriation and make an announcement according to the approval documents of construction project establishment, planning scope and land expropriation issued by the county development and reform, planning and land resources departments. The announcement shall specify the name of the project, the scope of house expropriation, the compensation and resettlement plan, the relocation period, administrative reconsideration and administrative litigation rights.
Before the decision of house expropriation is made, the implementation unit of house expropriation shall formulate the compensation and resettlement plan for house expropriation according to relevant policies, and solicit opinions within the scope of collective economic organizations where houses are expropriated. The compensation and resettlement plan is approved by the county people's government and reported to the county land and resources management department and the county housing and urban-rural construction department for the record.
Before the house expropriation decision is made, the house expropriation implementation unit shall conduct social stability risk assessment in accordance with the relevant provisions.
Article 5 The implementation unit of house expropriation shall register the ownership, construction area and permanent population of houses within the scope of expropriation, and the registrant shall cooperate. The registration results shall be publicized in the scope of collection and other places in accordance with the regulations.
Article 6 After the scope of house expropriation is determined, the following acts shall not be carried out within the scope of expropriation, and no compensation shall be paid if they are carried out in violation of the provisions:
(a) new construction, renovation and expansion of buildings, structures and other facilities;
(2) Changing the use of houses and land;
(three) housing analysis, transfer, lease and mortgage;
(four) moved into the household registration or household (except for marriage, childbirth, college graduation, demobilized soldiers, released from prison and other reasons);
(five) industrial and commercial registration with the expropriated house as the registered address;
(six) other acts of improperly increasing compensation interests.
The implementation unit of house expropriation shall notify the relevant units in writing to suspend the relevant procedures on the matters listed in the preceding paragraph, and specify the suspension period. The maximum suspension period shall not exceed 1 year.
Seventh temporary buildings within the approved period are not included in the effective area, and only appropriate compensation is given; Temporary buildings and illegal buildings exceeding the approved period shall not be compensated.
Article 8 The following persons related to residential houses on collective land to be expropriated, except those who have enjoyed housing welfare policies such as housing reform and selling houses (including fund-raising housing and affordable housing), shall be regarded as the expropriated persons of these Measures:
(1) Spouses of members of collective economic organizations and their children born together and adopted according to law;
(2) Policy farmers who were members of collective economic organizations;
(3) College students, active servicemen and prisoners who were members of collective economic organizations;
(4) unborn pregnant women who meet the requirements of housing placement and family planning policies;
(5) Other personnel who shall be identified as required by laws and regulations.
Ninth expropriation of residential houses on collective land, compensation and resettlement shall be given to the members of collective economic organizations who actually live in the expropriated houses and have enjoyed the contracted land where the expropriated houses are located (hereinafter referred to as the expropriated people). Members of collective economic organizations who have been resettled in housing expropriation projects on other collective land shall not be resettled repeatedly.
The compensation and resettlement methods of residential houses on collective land are divided into property right exchange and monetary compensation.
Encourage monetary resettlement, and make compensation according to the benchmark price of the corresponding resettlement housing market evaluation.
Tenth expropriation of residential houses on collective land, respectively, according to the following conditions to calculate the effective area:
(a) the area of the house to be expropriated is greater than the per capita construction area of 60 square meters, and the effective area is calculated according to the per capita construction area of 60 square meters. If the expropriated house has applied for the collective construction land use certificate, and the house under construction is within the parcel determined by the construction land use certificate, and has also applied for legal licenses such as the construction project planning permit or the rural housing construction permit, and the permitted area is greater than the per capita construction area of 60 square meters, the effective area shall be calculated according to the permitted area.
(two) the area of the expropriated house is less than 60 square meters per capita and higher than 30 square meters per capita, and the effective area is calculated according to the actual area per capita.
(3) If the area of the expropriated house is less than 30 square meters per capita, the expropriated person can apply for the effective area after the per capita construction area is 30 square meters in 200 yuan/square meter. However, due to unauthorized transactions and other reasons, the area of the house to be expropriated is less than 30 square meters per capita, and the effective area is calculated according to the actual area.
The remaining area after calculating the effective area of the expropriated house will not be compensated.
Article 11 If the expropriated person chooses to exchange property rights, after the effective area of the expropriated residential house is calculated according to the provisions of Article 10 of these Measures, the expropriated person shall exchange property rights according to the per capita construction area of 30 square meters, and the remaining effective area after the property rights exchange shall be compensated according to the cost per square meter of the expropriated house. If the area of the expropriated house is less than 30 square meters per capita due to transactions and other reasons, the property rights shall be exchanged according to the remaining area after the transaction. The unit square meter cost is implemented according to the standards published by the Municipal People's Government.
After the property right exchange area is confirmed, the expropriated person may apply for additional purchase according to 800 yuan/m2, and the additional purchase area shall be controlled within per capita construction area 1.5 m2.
Article 12 If the expropriated person chooses monetary compensation, he shall be compensated according to the benchmark price of the real estate market in the area where the corresponding resettlement house is located multiplied by the area to be resettled. The resettlement area shall be settled according to Article 11 of these Measures (including per capita purchasable construction area 15 square meters).
Thirteenth according to the resettlement area, the expropriated person chooses the area near the Xing Tao of the resettlement house, which is subject to the measurement results of the real estate surveying and mapping institutions. Xing Tao area of resettlement housing is larger than the area to be resettled, and the expropriated person shall make up the difference to the implementation unit of housing expropriation according to the unit square meter cost of resettlement housing; Xing Tao area of resettlement housing is less than the area to be resettled, and the price difference shall be made up by the house expropriation implementation unit according to the benchmark price of resettlement housing market evaluation.
Fourteenth expropriation of houses on collective land to the county government housing expropriation announcement as the time limit, define the housing resettlement population.
Fifteenth expropriated people change the residential houses on collective land into non-residential houses or use them for other purposes, and give compensation and resettlement according to the residential houses.
If the residential house is used for production and operation, and its production and operation activities have obtained the industrial and commercial business license and meet the requirements of safe production, the house expropriation implementation unit may entrust an appraisal institution with asset appraisal qualification to evaluate the present value of the production and operation facilities, and after the on-site publicity has no objection, compensate the relocation expenses of the facilities according to 10% of the evaluation results.
Sixteenth expropriation of collective non-residential housing with legal license, compensation according to the unit square meter cost of the expropriated housing.
Seventeenth expropriation of houses on collective land involves immovable appendages and structures, and compensation shall be negotiated in accordance with the compensation standards announced by the municipal government. If negotiation fails, compensation shall be made according to the market evaluation price on the date of announcement of the house expropriation decision.
Eighteenth residential houses on collective land expropriation shall be subject to property rights exchange, and the expropriated person shall be given transitional resettlement, and the transitional period shall not exceed 0.8 months. During the transition period, if the expropriated person solves the temporary housing by himself, the house expropriation implementation unit shall pay the temporary resettlement fee in accordance with the prescribed standards. Overdue resettlement, less than 02 months from the overdue month, pay 50% of the overdue temporary resettlement fee in accordance with the prescribed standards; If it exceeds 12 months, from 13 months, the overdue temporary resettlement fee will be increased according to 100% of the specified standard.
If the residential house on collective land is placed in the existing house or the expropriated person chooses monetary compensation, the temporary resettlement fee of 3 months shall be paid according to the prescribed standard.
Expropriation of residential houses on collective land, in line with the provisions of Article 8 and Article 9 of these measures, the temporary resettlement fee shall be calculated according to 45 square meters per capita. Collection of collective non-residential housing, no compensation for temporary resettlement fees. Temporary resettlement fees shall be paid according to the standards published by the Municipal People's Government.
Expropriation of residential houses on collective land shall pay relocation fees. The implementation of property rights exchange and transitional resettlement, according to 500 yuan/household? The second standard pays 2 relocation expenses, and 1 relocation expenses is paid for existing houses or monetary compensation.
If the expropriated person moves on time within the relocation period determined by the house expropriation compensation and resettlement scheme, the house expropriation implementation unit may reward the expropriated person. The specific reward standard is determined in the housing levy compensation and resettlement plan.
Article 19 The expropriated person shall move on time in accordance with these Measures, and conclude a compensation and resettlement agreement with the house expropriation implementation unit on matters such as resettlement mode, resettlement population, resettlement location and resettlement area, compensation amount, relocation fee, transition mode and transition period, temporary resettlement fee and relocation period.
Article 20 If the implementation unit of house expropriation and the expropriated person fail to reach an agreement on compensation and resettlement within the signing period, the implementation unit of house expropriation shall report to the county people's government for a decision on compensation and resettlement according to the compensation and resettlement plan of house expropriation. The decision on compensation and resettlement shall be announced within the scope of house expropriation.
Article 21 If the expropriated person refuses to accept the compensation and resettlement decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation and resettlement decision, the county people's government shall apply to the people's court for compulsory execution according to law. The application for compulsory execution shall be accompanied by the amount of compensation, the account number stored in the special account, the location and area of the resettlement house or the revolving house, etc.
Twenty-second real estate price assessment agencies to implement the alternative system. The implementation unit of house expropriation shall organize the expropriated person to negotiate and select the real estate price appraisal institution from the list of alternative real estate price appraisal institutions announced by the municipal real estate price appraisal management department within the specified time; If negotiation fails, the house expropriation implementation unit will take the lead in public lottery and lottery, and notarize and supervise the process and results of lottery and lottery.
Real estate price assessment agencies shall independently, objectively and fairly conduct house expropriation assessment.
Twenty-third county-level housing and urban-rural construction departments should strengthen the information construction of compensation and resettlement for collective land expropriation houses in this area, and gradually realize the information sharing in Hefei.
County-level housing and urban-rural construction departments shall implement centralized and unified management of housing collection files. No individual may keep the file for himself or refuse to file it.
Following the principle of "who handles, who collects and who transfers", the implementation unit of house expropriation shall collect the documents and materials of house expropriation at any time during the house expropriation work, and complete the collection and sorting work within 60 days after the end of the expropriation project or phased expropriation project to ensure the truthfulness, completeness and safety of the archived materials.
The implementation unit of house expropriation shall, within 6 months after the end of the expropriation, hand over the house expropriation files to the county-level housing and urban-rural construction departments.
Housing expropriation files should be digitally managed by computers and file management software. File management software must meet the requirements of relevant management standards.
Twenty-fourth the expropriated person provides false or forged houses, land, household registration and other documents or certification materials. If compensation is defrauded, the signed agreement on expropriation, compensation and resettlement is invalid from the beginning after investigation, and the paid compensation fee and resettlement house shall be recovered according to law. Anyone suspected of committing a crime shall be transferred to judicial organs for criminal responsibility according to law.
Twenty-fifth land and resources, planning, public security and other relevant departments, units, organizations and individuals to which the expropriated person belongs, in violation of regulations, issue false certificates or go through the formalities of land use, housing construction and household registration transfer. If the investigation is true, the relevant responsible person shall be investigated for legal responsibility according to law.
Twenty-sixth housing levy implementation units and their staff who engage in malpractices for personal gain, resort to deceit, and expand the scope of compensation and resettlement for housing levy without authorization; Deliberately helping the expropriated person to defraud compensation and resettlement; Those who embezzle, misappropriate, privately divide, intercept or default in collecting compensation fees shall be investigated for legal responsibility according to law.
Twenty-seventh use violence, threats and other means to hinder the housing expropriation and compensation work carried out according to law, shall be investigated for legal responsibility according to law.
Twenty-eighth approach by the county land and resources management department and the county housing and urban-rural construction department is responsible for the interpretation of.
Article 29 These Measures shall be implemented from May of 1 year, with a validity period of 2 years. Before the implementation of these measures, the houses on collective land have not been compensated and resettled, and these measures shall be applicable to compensation and resettlement; The compensation for collective land and houses that have been started but not completed is still implemented according to the original policy or project compensation plan.