for reference only
I. Procedures for applying for house expropriation
(1) When applying for house expropriation, the public interest project construction unit shall submit the following documents and materials to the house expropriation department:
1. Certification document that the construction project conforms to the national economic and social development plan (issued by the development and reform department);
2. Certification documents that the construction project conforms to the overall land use planning (issued by the land and resources department);
3 in line with the overall urban and rural planning and special planning documents (issued by the urban and rural planning department);
4. Proof documents that the construction of affordable housing projects and the renovation of old urban areas are included in the annual plan for national economic and social development (issued by the Ministry of Housing and Urban-Rural Development and the Development and Reform Department);
5 proof of compensation funds for house expropriation (issued by the financial department or financial savings institution).
(two) to review the application matters of the construction unit.
The house expropriation department shall complete the examination of the application for house expropriation within 2 working days from the date of receiving the application for house expropriation.
Two. Procedures before making a decision on house expropriation
(three) notify the relevant departments to suspend the relevant procedures.
The house expropriation department shall, within 2 working days from the date of examination and approval of the application for house expropriation, draft and serve a notice to the relevant units to suspend the relevant procedures for building, expanding, rebuilding houses and changing the use of houses.
(four) commissioned by the housing levy implementation unit
The house expropriation department and the entrusted expropriation implementation unit shall sign an entrustment agreement within 2 working days.
(5) Collecting compensation fees in full.
1. The implementation unit of house expropriation shall investigate the houses to be expropriated within 7 working days, and prepare the compensation budget for house expropriation;
2. The house expropriation department shall review the budget within 2 working days;
3. The construction unit will remit all the compensation expenses to the special account for storage within 5 working days according to the requirements of the house expropriation department.
(six) to investigate and register houses and deal with unregistered buildings according to law.
1. The house expropriation department shall, within 10 working days, organize the house registration agency, the land and resources department, the urban and rural planning department and the grassroots organizations where the house is expropriated to investigate and register the ownership, location, use and construction area of the house and land use right within the scope of expropriation;
2. The urban and rural planning department shall investigate, identify and deal with unregistered buildings according to law, and inform the house expropriation department of the relevant situation in writing within 2 working days;
3. The house expropriation department shall release the survey results of the expropriated house within 2 working days.
(7) Submit the compensation plan.
1. The house expropriation implementation unit shall draw up the expropriation compensation scheme within 5 working days;
2. The house expropriation department shall review and modify the expropriation compensation scheme within 2 working days;
3. The house expropriation department shall submit the expropriation compensation scheme to the government within 2 working days.
(eight) the demonstration of the organization compensation scheme.
City, county (District) people's government organizations housing expropriation, urban and rural planning, land and resources, development and reform, finance, letters and visits, government legal system and other departments, fully demonstrate and modify the expropriation compensation plan within 5 working days.
(nine) announced the compensation plan
1. The house expropriation department announced the expropriation compensation scheme within the scope of house expropriation to solicit public opinions. The time limit for soliciting opinions is not less than 30 days;
2. The house expropriation department shall do a good job in collecting and sorting out opinions;
3. Within 2 working days from the date of expiration of the negotiation period, the house expropriation department shall submit a report on the modification of the negotiation compensation scheme to the government.
(ten) to solicit opinions and modify the compensation plan.
The house expropriation department shall, in the name of the government, announce the solicitation of opinions and the modification of the compensation scheme within 2 working days.
(eleven) to hold a hearing according to law.
1. If more than half of the expropriated people of the old city reconstruction project think that the expropriation compensation scheme does not conform to the provisions of the Regulations, the municipal and county (district) people's governments shall organize the expropriated people and public representatives to hold a hearing;
2. The house expropriation department shall revise the expropriation compensation scheme according to the hearing.
(twelve) the implementation of social stability risk assessment
1. The house expropriation department carries out social stability risk assessment according to the requirements of the government and the Implementation Measures for Petition Evaluation of Major Decision-making Matters Involving the Interests of the People in Xuchang City (Xu Ban [2007] No.35), and puts forward opinions on whether to make a decision on house expropriation to the city, county and district government within 2 working days;
2. If the number of households involved in house expropriation is below 100 (including 100), it shall be examined and approved by the leaders of the city and county (district); If the number of households is above 100, it shall be discussed and decided by the executive meeting of the people's government of the city or county (district).
Three. Procedures after making a decision on house expropriation
(thirteen) issued a notice of house expropriation.
The house expropriation department shall, within 5 working days from the date when the people's government of the city or county (District) makes a decision on house expropriation, issue an announcement on house expropriation within the scope of house expropriation, and make an announcement in the news media.
(fourteen) do a good job in publicity and interpretation.
The house expropriation department and the house expropriation implementation unit shall publicize and explain the house expropriation and compensation to the expropriated person.
Four, the housing levy compensation procedures
(15) Selection of real estate appraisal institutions (7 working days)
1. The house expropriation department publicizes the appraisal institutions with real estate appraisal qualifications above Grade III within the scope of house expropriation, and issues an announcement on the selection of appraisal institutions;
2. The expropriated person shall determine the assessment institution through consultation within the prescribed time limit;
3. If the negotiation fails, the majority of the expropriated people will decide the evaluation institution, or they can decide the evaluation institution by voting, drawing lots, lottery and other random ways.
(XVI) Valuation of the expropriated house (10 working day)
1. The appraisal institution shall assign more than 3 real estate appraisers to conduct on-the-spot investigation;
2. Determine the value of the expropriated house according to law and issue a real estate appraisal report.
(seventeen) to apply for review, evaluation and appraisal.
1. If the house expropriation department and the expropriated person disagree with the appraisal result, they shall submit a written application for review within 5 days from the date of receiving the appraisal report;
2 assessment agencies shall review the assessment results and issue a review report;
3. If the parties have any objection to the review results, they may apply to the real estate appraisal expert committee for appraisal within 5 days from the date of receiving the review report;
4. The parties shall select more than 3 singular experts from the list of experts of the real estate appraisal expert committee to form an appraisal team to appraise the appraisal report. The real estate appraisal expert committee shall issue a written appraisal opinion within 10 days from the date of accepting the application.
(eighteen) the signing of the house expropriation compensation agreement (the signing period is determined by the expropriation compensation plan)
1. The house expropriation implementation unit and the expropriated person calculate the house compensation fee, etc. ;
2. Negotiate specific compensation and resettlement matters such as relocation period and transition period;
3. The house expropriation department signs a written house expropriation compensation agreement with the expropriated person.
(nineteen) compensation before relocation.
1. The house expropriation implementation unit shall complete the compensation for the expropriated person in accordance with the agreement on house expropriation compensation;
2. The expropriated person completes the relocation within the time limit agreed in the house expropriation compensation agreement, and delivers the expropriated house to the house expropriation implementation unit in time.
(20) demolition of buildings 1. The implementation unit of house expropriation shall, in accordance with the regulations of the State Council on the administration of construction safety production, entrust a unit with the qualification of general contracting enterprise of construction or professional contracting enterprise of blasting demolition engineering to demolish buildings;
2. The construction unit shall take safety measures such as enclosure operation to demolish the building and complete the demolition task within the agreed time limit.
V. Dispute handling procedures for failure to reach a compensation agreement
(a) make a compensation decision
In the signing period determined by the expropriation compensation scheme, if the expropriation compensation agreement cannot be reached or the owner of the house is not clear, the people's government of the city or county (District) shall make a compensation decision.
1. The house expropriation department shall report to the people's government of the city or county (district) to make a compensation decision;
2 by the legal department of the government after the audit, the city and county (District) people's government to study and make a compensation decision.
(two) issued a notice of compensation decision.
The house expropriation department shall timely announce the compensation decision within the scope of house expropriation.
(3) applying for compulsory execution
1. Execution of non-litigation cases. If the expropriated person does not apply for administrative reconsideration within 60 days from the date of receiving the compensation decision, or does not bring a lawsuit within 3 months from the date of receiving the compensation decision, and does not move within the time limit stipulated in the compensation decision, the people's government of the city or county (district) shall apply to the people's court for compulsory execution within 180 days from the date of expiration of the legal prosecution period for the person subjected to execution.
(a) the housing levy department drafted an application for compulsory execution on behalf of the government;
(two) after being audited by the legal department of the government, it shall be reported to the government for examination and approval;
(3) The people's government of the city or county (district) shall submit an application for compulsory execution to the people's court, the amount of compensation to be levied and the account number stored in the special account; The implementation of property rights exchange, provide information such as the location and area of resettlement housing and turnover housing.
VI. Procedures for handling disputes after reaching a compensation agreement
(a) the house expropriation department or the expropriated person brings a lawsuit to the people's court according to law.
(2) Apply for enforcement according to law.
After the judgment of the people's court on the dispute case of compensation agreement comes into effect, if the expropriated person refuses to perform it, the city and county (district) shall apply to the people's court for compulsory execution according to law.
Seven, the housing levy information disclosure procedures
(a) the establishment of housing levy compensation special files
1. Within 15 days after the completion of the house expropriation project, the house expropriation implementation unit shall hand over the compensation agreement and other relevant documents and materials to the house expropriation department.
2. The house expropriation department collects compensation agreements and other documents and materials, and establishes and improves files according to the norms and standards.
(two) announced the household compensation information to the expropriated person
The house expropriation department announces the household compensation information to the expropriated person within the scope of house expropriation.
(3) The audit institution announces the audit results.
1. Within 20 days after the completion of the house expropriation project, the house expropriation department shall submit documents and materials such as the management and use of the house expropriation compensation fee to the audit institution;
2 audit institutions audit the management and use of compensation fees, and publish the audit results.