What are the rules in land acquisition compensation?

What are the rules for land expropriation compensation in Suzhou? Article 1 In order to effectively safeguard the public interest, standardize the house expropriation and compensation activities on state-owned land in our city, safeguard the legitimate rights and interests of the owner of the house to be expropriated, and smoothly carry out the house expropriation of public interest construction projects in our city, these measures are formulated in accordance with the Regulations of the State Council on House Expropriation and Compensation on State-owned Land (hereinafter referred to as the Regulations) and combined with the actual situation of our city. Second Suzhou Municipal People's Government is responsible for the expropriation and compensation of houses on state-owned land in the city. County-level Municipal People's Government, Wuzhong District and Xiangcheng District People's Government, Suzhou Industrial Park and Suzhou High-tech Zone Administrative Committee are responsible for the housing expropriation and compensation on state-owned land within their respective administrative areas. Article 3 Suzhou Housing and Urban-Rural Development Bureau is the house expropriation department on state-owned land in Suzhou (hereinafter referred to as the house expropriation department), which organizes and implements the house expropriation and compensation work in Suzhou urban area, and supervises and manages the house expropriation and compensation work on state-owned land in the whole city. The house expropriation departments determined by the people's governments of counties and cities, Wuzhong District, Xiangcheng District and Suzhou Industrial Park and Suzhou Hi-tech Zone Management Committee shall organize and implement the house expropriation and compensation work within their respective administrative areas. Article 4 The house expropriation department may entrust the local government and relevant units as the implementation units of house expropriation to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not undertake the task of house expropriation, and shall not aim at making profits. The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions. Article 5 The relevant departments of the municipal and county people's governments shall cooperate with each other in accordance with the "Regulations" and the division of responsibilities stipulated by the government to ensure the smooth progress of housing expropriation and compensation. Article 6 Any organization or individual has the right to report violations of the laws and regulations of this office to the relevant people's government, the house expropriation department and other relevant departments. The relevant people's governments, house expropriation departments and other relevant departments that have received the report shall verify and handle it in time. The supervisory organ shall strengthen the supervision of the government and relevant departments or units and their staff involved in the work of house expropriation and compensation. Chapter II Decision on Expropriation Article 7 The house expropriation department shall, according to the requirements of the national economic and social development plan, the overall land use plan, the urban and rural planning and the special planning, prepare the annual plan for house expropriation. The construction of affordable housing projects and the renovation of old urban areas with concentrated dangerous houses and backward infrastructure should be included in the annual plan of the government for national economic and social development. Construction projects that do not conform to urban and rural planning or non-public interests shall not be included in the housing expropriation plan. Eighth in accordance with the provisions of the "Regulations" eighth, ninth public interest construction projects need to levy houses on state-owned land units and individuals, by the project construction unit to the government to apply for the expropriation of houses. A construction project shall have the project approval document, the construction land planning permit (including the planning red line map), the land nature certificate and other related materials. Article 9 After the scope of house expropriation is determined, the house expropriation department shall notify the departments of land, housing construction, planning, public security, justice, industry and commerce in writing, suspend the construction, renovation and expansion of houses within the scope of house expropriation, change the nature and use of houses and land, analyze the production, sale, lease and mortgage of houses, move in or separate households, handle real estate notarization, handle industrial and commercial business licenses and other related procedures. The maximum suspension period shall not exceed one year. Tenth house expropriation departments shall organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of expropriation, and collect relevant evidence, and the expropriated person shall cooperate. If unregistered buildings are found in the investigation, the house expropriation department will transfer the relevant investigation materials to the planning department, which shall promptly identify and deal with them. After the investigation, the house expropriation department shall publish the results of the investigation in the form of announcement within the scope of expropriation. Article 11 The house expropriation department shall, while organizing the investigation, entrust two or more appraisal agencies with real estate appraisal qualifications to sample and evaluate the houses within the scope of expropriation, obtain data such as similar real estate market prices and correction factors of houses within the scope of expropriation, and calculate the expropriation cost. Twelfth housing levy departments to develop compensation programs should be reported to the government for the record. The compensation scheme shall include the following contents: (1) compensation mode and its selection; (2) residential and non-residential identification standards and area identification standards; (3) Household statistics rules; (4) the market price evaluation base of residential and non-residential similar real estate; (5) Standards for various compensations, subsidies and rewards; (six) the number, location, Xing Tao area and basic settlement price of resettlement houses, and the purchase standard of resettlement houses; (7) Draw up the signing period and the incentive period for early relocation; (eight) other contents that need to be specified. The people's governments at the city and county levels shall organize relevant departments to demonstrate the compensation scheme to be levied, and publish it on the government website and within the scope of collection to solicit public opinions. The time for soliciting opinions shall not be less than 30 days. Thirteenth city and county people's governments shall solicit opinions and modify the situation according to public opinions in a timely manner on the government website and within the scope of collection. Because of the need to expropriate houses due to the transformation of the old city, if more than half of the expropriated people think that the expropriation compensation scheme does not meet the housing reception requirements, the people's government at the city or county level shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing. Article 14 The social stability risk assessment of expropriation projects shall be implemented by the house expropriation department and the local people's government. In accordance with the contents of the Notice of the General Office of the Municipal Party Committee and the General Office of the Municipal Government on Forwarding the Implementation Opinions on Social Stability Risk Assessment in the whole city, the social stability risk assessment report is formed. Article 15 The house expropriation compensation fee shall set up a special expropriation account, establish and improve the examination and approval procedures for the use of compensation funds for house expropriation, and ensure that the house expropriation compensation fee is paid in full, stored in a special account and earmarked for special purposes, so as to ensure the smooth progress of the house expropriation work. The supervision department and the audit department shall supervise and audit the use of compensation fees. Article 16 The municipal and county people's governments shall make a decision on house expropriation in written form and make an announcement in time. The announcement shall specify the name of the project to be implemented, the exact scope of collection, the compensation plan for collection, the date of collection, the site reception location and contact information, the telephone number for supervision and reporting, administrative reconsideration, administrative litigation rights and other matters. Expropriation involving more than 500 households (including 500 households) shall be discussed and decided by the executive meeting of the government. If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time. Chapter III Expropriation and Evaluation Article 17 A credit management system shall be implemented for real estate price evaluation institutions engaged in house expropriation. The house expropriation department shall publish the list every year according to the qualification grade, work experience, technical level and social reputation of the real estate price appraisal institution. Eighteenth real estate price assessment agencies are selected by the expropriated person through consultation in the list published by the house expropriation department. Specifically, the house expropriation department shall publish the list of evaluation institutions within the scope of expropriation, and register the opinions of the expropriated person at the expropriation site within 5 days after publication. If more than half of the expropriated people choose a real estate price assessment agency, it is deemed that the negotiation has been successful, and the house expropriation department will implement the assessment operation after signing the entrusted assessment contract with them. If negotiation fails, the house expropriation department shall appropriately select five real estate price assessment agencies with corresponding qualifications from the published list and determine them by public lottery. The house expropriation department shall announce the time and place of the lottery within 5 days before the lottery. The lottery process and results shall be notarized by the notary organ on the spot. The house expropriation department shall publicize the qualification certificate, business license and qualification certificate of the registered real estate appraiser of the entrusted real estate price appraisal institution on the spot within the scope of expropriation. Nineteenth houses within the same scope of expropriation assessment work in principle by a real estate appraisal agency. If two or more real estate price assessment agencies undertake the same house expropriation assessment project, they shall communicate and negotiate on the assessment object, assessment time, value connotation, assessment basis, assessment principle, assessment technical route, assessment method and selection of important parameters, and implement unified standards. Twentieth the value of the house to be expropriated should be based on the evaluation object and the local real estate market situation, and the market method should be given priority. If the market method is not suitable, it can be evaluated by other methods. The value of the expropriated house and its legally occupied land use right shall be assessed together. The value of interior decoration and other real estate of the expropriated house shall be evaluated separately from the value of the expropriated house subject. Article 21 A real estate appraisal institution shall, in accordance with the time and requirements stipulated in the entrustment contract, conduct on-the-spot investigation and evaluation on the site of the expropriated house door by door, check the status of the appraised object, make records of on-the-spot investigation, shoot images and materials reflecting the appearance and internal status of the expropriated house, and keep them properly. The records of on-the-spot investigation of expropriated houses shall be signed and approved by the expropriated person, the house expropriation department or the relevant personnel of the entrusted house expropriation implementation unit and the registered real estate appraiser who conducts on-the-spot investigation. If the expropriated house cannot be surveyed on the spot due to the reason of the expropriated person, or the expropriated person does not agree to sign the record of the field survey, it shall be witnessed by an unrelated third person and explained in the evaluation report. Twenty-second real estate price assessment agencies shall provide the preliminary assessment results of households to the housing levy department. The house expropriation department shall publicize the results of the preliminary household assessment to the expropriated person for 7 days, and during the publicity period, the registered real estate appraiser responsible for the house expropriation assessment project shall be arranged to make an on-site explanation. For the part of the expropriated person that is really misjudged or omitted, the registered real estate appraiser shall record it on the spot and report it to the real estate price appraisal agency for revision and improvement. The real estate price assessment institution shall, after the expiration and revision of the preliminary household assessment results, provide the house expropriation department with the overall assessment report and household assessment report of the houses to be expropriated within the scope of entrusted assessment. The house expropriation department shall promptly hand over the household assessment report to the expropriated person. The real estate price assessment institution shall, after the expiration and revision of the preliminary household assessment results, provide the house expropriation department with the overall assessment report and household assessment report of the houses to be expropriated within the scope of entrusted assessment. The house expropriation department shall promptly hand over the household assessment report to the expropriated person. Twenty-third the overall assessment report and household assessment report of the expropriated house must be signed by two or more registered real estate appraisers in charge of the house expropriation assessment project, and the seal shall not be used instead of the signature, and the official seal of the real estate price assessment agency shall be affixed. Article 24 If the expropriated person or the house expropriation department has doubts about the assessment report, the real estate price assessment agency shall make an explanation. If the expropriated person or the house expropriation department has any objection to the evaluation value, it shall, within 05 days from the date of receiving the evaluation report, apply in writing to the real estate price appraisal agency for review and evaluation. The real estate price assessment institution shall give a reply within 5 days from the date of receiving the application for review and assessment. If the evaluation value changes, a review report shall be issued; If the evaluation value has not changed, it shall inform the applicant in writing for review. Article 25 If the expropriated person or the house expropriation department has any objection to the review result of the real estate price appraisal institution, it may, within 15 days from the date of receiving the review result, apply to the real estate appraisal expert committee where the expropriated house is located for appraisal. After accepting the house expropriation and appraisal, the real estate appraisal expert committee shall, within 5 days from the date of receiving the appraisal application, entrust an appraisal group composed of more than 3 odd members to handle the house expropriation and appraisal, and issue a written appraisal opinion. Twenty-sixth is the day when the house expropriation decision is announced. Chapter IV Compensation for Expropriation Article 27 The compensation given to the expropriated person includes: (1) compensation for the value of the expropriated house; (two) relocation compensation and temporary resettlement caused by house expropriation; (3) Compensation for losses caused by house expropriation. Compensation for relocation, temporary resettlement, loss of production or business suspension and other relevant subsidies and reward standards shall be separately formulated and promulgated by the municipal and county people's governments. Article 28 The expropriated person may choose monetary compensation or property right exchange. Attachments to non-public housing are levied, and property rights are not exchanged. If the leased house is expropriated and the expropriated person and the lessee fail to reach an agreement on terminating the lease relationship, the house expropriation department shall exchange the property rights of the expropriated person. Twenty-ninth expropriated people choose to exchange houses with property rights, and the house expropriation department shall provide houses with property rights exchange, and calculate and settle the difference between the value of houses expropriated and the value of houses with property rights exchange with the expropriated people. Thirtieth because of the transformation of the old city to levy personal housing, the expropriated person chooses to exchange housing property rights in the transformation area, the housing expropriation department shall provide housing in the transformation area or nearby areas. Thirty-first houses to be expropriated are divided into residential and non-residential categories, which are determined by the design purpose recorded in the house ownership certificate or the function recorded in the construction project planning permit. If the house ownership certificate is not recorded, it shall be determined by the purpose recorded in the house file. Non-residential buildings are divided into commercial buildings and non-commercial buildings, and the business scope and mode recorded in the business license shall prevail. The specific classification shall be announced separately by the house expropriation department. Thirty-second residential converted to non-residential use, in accordance with the "Regulations" of Jiangsu Province, the provisions of article fiftieth. If a non-commercial house is converted into a commercial house, it shall be reported to the planning department for approval; Involving the change of land use, the examination and approval procedures shall be handled according to law. If it is changed without approval, it shall still be determined according to the original purpose. If it is not recognized that residential buildings are converted into non-residential buildings or non-commercial buildings are converted into commercial buildings, but legal operators actually exist, those with valid business licenses can compensate for expenses such as relocation, suspension of production and business. For leasing business, a valid lease contract is required. Thirty-third expropriation of individual housing, the expropriated person meets the housing security conditions, should be in accordance with the relevant provisions of the housing security priority to obtain housing security, the expropriated person can not participate in the social waiting list. Thirty-fourth the implementation of housing expropriation should be compensated first, and then moved. Provisions on the determination of the legal area of the house to be expropriated, the rules for counting households, the compensation for renting houses and the implementation of policies, the guarantee of basic living needs, the transitional period of resettlement houses, etc. shall be formulated separately by the house expropriation department. Article 35 If the expropriated person or lessee moves ahead of time within the signing period stipulated in the expropriation announcement, the house expropriation department shall give appropriate rewards. Article 36 The expropriated person or lessee shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision. For the demolition of houses, the house expropriation department shall pay the demolition compensation fee to the expropriated person or the lessee. The implementation of housing property rights exchange, before the delivery of resettlement housing, the housing levy department shall pay the temporary resettlement compensation fee to the transitional expropriated person or lessee. Article 37 The planning and construction of resettlement houses shall solicit the opinions of the house expropriation department, and the resettlement houses shall conform to the national quality standards and design specifications, and meet the basic functions of occupancy after delivery. City land reserve center is responsible for the organization, construction, planning, supply and sales of urban resettlement houses. Specific measures shall be formulated separately. Thirty-eighth house expropriation departments should set up a fixed place within the scope of house expropriation, and disclose the information such as the geographical location of the house, the floor plan, the floor grid map, the price of the resettlement house, etc. For buyers to understand and choose freely. Article 39 The house expropriation department shall sign a compensation agreement with the expropriated person or the house lessee within the signing period determined by the expropriation compensation scheme. The agreement on expropriation and compensation shall have a unified text format. After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law. Article 40 If the house expropriation department fails to reach a compensation agreement with the expropriated person or lessee within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unclear, the house expropriation department shall report to the government to make a compensation decision and make an announcement within the scope of house expropriation. If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. The approval procedures for compensation decisions shall be formulated separately by the municipal and county people's governments. Article 41 If the expropriated person or lessee fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the time limit determined by the compensation decision, the people's government that made the expropriation decision shall apply to the people's court for compulsory execution according to law. Forty-second housing expropriation departments shall establish and improve the housing expropriation compensation file system according to law, and announce the household compensation to the expropriated person within the scope of housing expropriation. The audit results of the audit department on compensation fees and housing use shall be published. After the collection of compensation, the housing collection department shall promptly hand over the collection of compensation files to the urban construction archives. Chapter V Supplementary Provisions Article 43 Projects that have obtained the house demolition permit according to law shall continue to be handled in accordance with the original provisions. If no compensation and resettlement agreement can be reached within the prescribed time limit, the house demolition management department shall make a ruling according to the application of the parties. If the demolished person or lessee fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the relocation period stipulated in the ruling, the house demolition management department shall apply to the people's court for compulsory execution according to law. Forty-fourth county-level municipal people's government, Wuzhong District, Xiangcheng District People's government, Suzhou Industrial Park, Suzhou High-tech Zone Management Committee can formulate specific implementation measures in accordance with these measures, combined with local conditions. Article 45 These Measures shall come into force as of the date of promulgation. Land expropriation compensation standard refers to the standard of comprehensive calculation of land expropriation compensation based on land type, land annual output value, land location registration, agricultural land grade, per capita cultivated land quantity, land supply and demand, local economic development level and minimum living guarantee for urban residents within the administrative area of a town, and then based on zoning. To sum up, compensation for land expropriation is what our citizens are most concerned about. Generally, before expropriation, cities should make relevant regulations to better protect citizens' legitimate rights and interests and avoid any disputes during expropriation. Therefore, the compensation for land expropriation must put every compensation in the hands of the first land requisitioner.