The Interim Measures for the Compensation and Resettlement of Land and Housing Expropriation for shantytown renovation in downtown Guangyuan City have been discussed and passed at the executive meeting of the Sixth Municipal People's Government, and are hereby issued to you, please follow them.
20 1 1 August 29th, 2008
Interim Measures for the Compensation and Resettlement of Land and Housing for the Transformation of Shantytowns in Guangyuan City Center
Chapter I General Provisions
Article 1 In order to standardize the land and housing compensation and resettlement work within the scope of urban shantytown renovation, improve the living environment of urban shantytown residents, enhance the image of the city, and accelerate the smooth progress of shantytown renovation, according to the Land Administration Law of the People's Republic of China, the Urban Real Estate Management Law of People's Republic of China (PRC), the People's Republic of China (PRC) Urban and Rural Planning Law, the People's Republic of China (PRC) Property Law, the Regulations on the Expropriation and Compensation of Houses on State-owned Land, and the Measures for the Expropriation and Evaluation of Houses on State-owned Land, and other national policies and regulations on shantytown renovation, combined with
Article 2 These Measures shall apply to the expropriation, compensation and resettlement of state-owned land and houses within the scope of the transformation of urban shanty towns in the central city determined by the city people's government.
Article 3 The transformation of urban shanty towns shall adhere to the principles of planning leading, voluntary participation of the masses, government as the main body, market operation, linkage between cities and cities, district as the main body and coordination among departments, and be promoted according to law.
Fourth land and housing expropriation compensation and resettlement work within the transformation area shall be implemented by the housing expropriation department determined by the city people's government or its entrusted implementation unit. Before the implementation of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the projects that have obtained the house demolition permit according to law will continue to be handled in accordance with the original provisions, but the government shall not instruct the relevant departments to forcibly dismantle them.
Chapter II Collection Decision
Article 5 Before making a decision on expropriation, the following work shall be done:
(a) the house expropriation department shall, jointly with the relevant departments, prepare a preliminary plan for the transformation of shanty towns and report the compensation plan to the people's government at the corresponding level. The people's government of a city shall organize relevant parties to demonstrate the transformation scheme and the expropriation compensation scheme, solicit public opinions in the transformation area, absorb reasonable opinions, and widely publicize the shantytown transformation scheme, expropriation compensation scheme and housing expropriation compensation policy, and solicit opinions for not less than 30 days.
(2) During the consultation period, the proportion of households who are in favor of the implementation of the transformation in the transformation area has not reached 90%, and no decision on expropriation will be made for the time being. In principle, the government will no longer take the lead in the transformation of shanty towns within five years.
(3) Conduct social stability risk assessment in accordance with the Detailed Rules for the Implementation of Social Stability Risk Assessment in Guangyuan City.
(4) The house expropriation department shall, jointly with the housing construction, land, urban management, public security and other departments and grass-roots organizations, organize house-to-house investigation and registration on the ownership, location, use and construction area of houses within the scope of shantytown renovation; To investigate and identify unregistered houses and unapproved buildings (structures) according to law. The door-to-door investigation and registration shall be publicized within the scope of shantytown renovation, and the publicity time shall not be less than 10 days.
Article 6 After the scope of expropriation is determined, the house expropriation department shall notify the housing construction department, land, urban management, industry and commerce, taxation, health, public security and other departments. Suspend the formalities of building, expanding, rebuilding houses, changing the use of houses, decorating and operating licenses in writing. Within the scope of shantytown renovation, and make an announcement on the relevant matters suspended in time. The maximum suspension period shall not exceed 1 year.
Article 7 Before the people's government of a city makes a decision on expropriation, the expropriation compensation fee shall be paid in full, stored in a special account and used for special purposes.
Article 8 After the people's government of a city makes a decision on the expropriation of land and houses for shantytown renovation, it shall make a public announcement in time. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
Ninth houses were expropriated according to law, and the right to use state-owned land was recovered at the same time.
Chapter III Collection, Compensation and Resettlement
Section 1 Compensation
Tenth shantytowns land and housing expropriation work, in accordance with the principle of compensation first, after the relocation.
Eleventh housing expropriation departments and the expropriated person shall sign a compensation agreement. The signing rate of the compensation agreement for the expropriated person (number of households) has reached more than 90%. After the agreement comes into effect, the compensation will be made uniformly, and the relocation will be carried out according to the relocation time agreed in the compensation agreement.
Article 12 The objects of compensation for expropriation of land and houses include the owner of the expropriated land and houses and the lessee who enjoys the rights and interests according to the lease agreement.
Thirteenth houses to be expropriated shall conform to the purpose and area specified in the ownership certificate. If the expropriated person thinks that the actual area of the expropriated house is inconsistent with the area of the expropriated house certificate, the actual surveying and mapping area shall prevail.
Fourteenth expropriation of houses on state-owned land, on the basis of market evaluation, the expropriated person can choose monetary compensation, or property rights exchange, or a combination of monetary compensation and property rights exchange.
Housing expropriation compensation includes the following contents:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(three) compensation for losses caused by the expropriation of houses;
(four) compensation for indoor decoration and outdoor ancillary facilities;
Fifteenth compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of expropriation announcement. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the Measures for the Assessment of House Expropriation on State-owned Land.
Real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails within 15 days after the announcement of expropriation, the house expropriation department shall organize the expropriated person to vote according to the principle that the minority is subordinate to the majority, or adopt random methods such as drawing lots and shaking numbers to determine.
Sixteenth houses are expropriated according to law, and the house expropriation department shall pay the relocation fee to the expropriated person.
The specific standards for relocation expenses shall be formulated by each shantytown renovation project according to local specific conditions.
Article 17 If the expropriation of non-residential houses leads to the suspension of production and business activities of the expropriated person, it shall be determined by both parties through consultation according to the tax payment before the expropriation of the house or the certification materials provided by the expropriated person and the period of suspension of production and business. If negotiation fails, you can entrust a real estate price assessment agency for assessment.
Eighteenth housing ownership certificate stated as residential housing and the actual use for business, the expropriated person has obtained the approval and registration documents from the departments of industry and commerce, taxation, health and so on. Before the announcement of expropriation, the value of the house shall be compensated after market evaluation according to the purposes specified in the ownership certificate, and the loss of production or business suspension shall be implemented with reference to Article 17 of these Measures. Without obtaining the approval and registration documents of the above departments, the loss of production or business suspension will not be compensated.
Article 19 The house expropriation department and the expropriated person shall evaluate the indoor decoration value of the expropriated house and the compensation for outdoor ancillary facilities and attachments, and the evaluation results shall be used as the basis for determining the compensation price.
Compensation for housing value, loss of production or business suspension, interior decoration value and attachments of outdoor ancillary facilities shall be separately assessed by real estate price assessment agencies.
Article 20 The assets of enterprises and institutions within the scope of expropriation and transformation shall be assessed by the house expropriation department and the expropriated person together with the entrusted real estate price assessment agency, and the assessment results shall be used as the basis for determining the compensation price. Need to move, by the requisitioned enterprises and institutions to move, the city people's government is responsible for coordination.
Article 21 If the expropriated house is used for rent, if there is an agreement between the property owner and the lessee, compensation shall be given according to the agreement of both parties. If there is no agreement, compensation shall be negotiated in accordance with the following principles:
(1) The value of the expropriated house shall be compensated to the owner of the expropriated house;
(two) relocation expenses, relocation incentives, compensation for losses caused by suspension of production and business, and compensation for the lessee. Compensation for the owner's own use;
(three) the interior decoration of the leased house belongs to the part invested by the lessee and is compensated to the lessee; The part that belongs to the investment of the property owner shall be compensated to the property owner.
Article 22 If the expropriated person signs the house expropriation compensation agreement within the signing period stipulated in the announcement, the expropriated house will be awarded 10- 100 yuan per square meter. If the expropriated person has moved out and agreed to dismantle the building (structure) within the agreed time limit, he will be rewarded with RMB per square meter 10- 100 according to the time of moving out.
Article 23 If the expropriated person chooses monetary compensation, and signs a house expropriation compensation agreement within the time limit specified in the announcement, and moves out within the agreed time, in addition to giving corresponding rewards in accordance with Article 22 of these Measures, monetary rewards will be given according to 20% of the assessed value of the expropriated house market.
Twenty-fourth shanty towns within the scope of transformation, expropriation of the following houses or buildings, no compensation:
(a) in violation of the provisions of the implementation of new construction, expansion, renovation of housing, change the use of housing, as well as new decoration and other improper increase in compensation costs;
(two) illegal buildings and temporary buildings exceeding the approved period;
(three) construction, land, urban management and other departments to investigate that should not be compensated for the building (structure).
Section II Transition
Twenty-fifth because of the transformation and construction of shanty towns need to move and transition, the housing levy department shall pay temporary resettlement fees to the expropriated person or provide revolving houses.
Twenty-sixth house expropriation departments shall, in accordance with the following provisions, pay temporary resettlement fees to the expropriated person with the certified construction area or the measured construction area of the expropriated house:
(1) If the expropriated person chooses monetary compensation, the temporary resettlement fee of 3 months shall be paid in one lump sum.
(two) the expropriated person chooses to exchange the property rights of the house, and the transition period is extended by 3 months from the date when the expropriated person actually moves out of the house to the date when the house expropriation department notifies the expropriated person to receive the resettlement house.
(three) the temporary resettlement fee is calculated according to the unit rent of the same type and location of the house to be expropriated on the date of the announcement of expropriation.
(four) during the transition period, the housing levy department provides revolving housing, and does not pay temporary resettlement fees; If the turnover room is smaller than the original room area, it shall make up the temporary resettlement fee to the expropriated person.
Section III Resettlement and Housing Restitution
Twenty-seventh expropriated people choose to exchange property rights of houses, and the house expropriation department shall provide houses for property rights exchange.
In principle, the exchange of housing property rights should be carried out in the shantytown renovation area, or in the nearest lot, or in different places according to the wishes of the expropriated person.
Twenty-eighth expropriated people choose property rights exchange houses, in accordance with the principle of signing first, moving first, and choosing houses first; If a contract is signed and houses are demolished in the same period, the order of house selection shall be determined by drawing lots and shaking numbers.
Twenty-ninth property rights exchange in the premise of not reducing the area of the house to be expropriated, but also in accordance with the following principles:
(1) If the property right exchange provided by the house expropriation department is multi-storey, the house shall be returned according to the ratio of the construction area of the expropriated house to the construction area of the property right exchange house 1: 1.
(2) If the house where the property right exchange is provided by the house expropriation department is high-rise, the house shall be returned according to the ratio of the building area of the expropriated house to the building area of the high-rise house with property right exchange 1: 1.2.
(3) If the expropriated house is for business use, the house shall be returned according to the ratio of the construction area of the expropriated house to the construction area of the property right exchange house 1: 1.
(4) After the house is returned according to items (1), (2) and (3) of this article, the difference between the value of the expropriated house and the value of the house used for property right exchange, such as location, floor, structure and depreciation, shall not be settled.
(5) If the house is returned in accordance with Items (1) and (2) of this article, the portion of the shared area of the returned house exceeding 15% shall be borne by the government and included in the property right area of the returned house. The later expenses shall be borne by the expropriated person.
(six) in accordance with the first (a) and (two) of this article, the construction area of less than 50 square meters, 50 square meters free.
(7) If the relocated house is residential, the area actually selected by the expropriated person is greater than 10 square meter, and it shall be purchased at the cost price audited by the competent department; Those exceeding 10 square meter shall be purchased at the market price. If the housing area actually selected is less than the housing area that should be enjoyed, monetary compensation shall be made according to the market price of the housing.
(eight) returned to the house for business use, the difference between the area of the house actually selected by the expropriated person and the area of the house to be expropriated shall be settled according to the market price of the returned house for business use.
Thirtieth tenants who rent directly managed public houses or self-managed public houses shall, in principle, be resettled by property owners. Those who meet the conditions of affordable housing and apply for it can give priority to renting and placing.
Thirty-first choice of property rights exchange, water, electricity, gas, cable television, communications and other houses will no longer be compensated, and the houses will be installed and opened free of charge under the same conditions as the original houses. The part that is not installed in the original expropriated house shall be paid by the expropriated person in accordance with the relevant charging standards for network access approved by the price department.
Families who enjoy subsistence allowances are exempt from relevant network access fees when returning their houses.
Thirty-second housing property rights exchange procedures, within 0 years after the expropriated person moved in, shall be handled by the housing expropriation department in accordance with the following principles:
(a) the procedures for the property rights of the expropriated house are complete, and the property rights procedures shall be handled according to the original purpose and nature.
(two) the expropriation of housing property rights procedures are incomplete or no property rights procedures, according to the identification of housing construction, land, urban management departments, in accordance with the relevant provisions of the property rights procedures.
Chapter IV Dispute Resolution
Article 33 After the house expropriation department has concluded a compensation agreement with the expropriated person, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Article 34 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period stipulated in the expropriation announcement, or the owner of the expropriated house is unknown, the house expropriation department shall, after preserving the evidence of the expropriated house, report it to the people's government of the city responsible for organizing the transformation of shanty towns, make a compensation decision according to the expropriation compensation scheme in accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land, 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.
If the property right of the expropriated house is disputed, both parties to the dispute shall negotiate on their own. If no agreement can be reached within the signing period stipulated in the expropriation announcement, it shall be handled according to the unclear ownership of the expropriated house.
Article 35 In case of any of the following disputes, the people's government of the city that organizes the transformation of shanty towns may apply to the people's court for compulsory execution according to law:
(a) the expropriated person refuses to accept the compensation decision made by the city people's government in accordance with the first paragraph of Article 34 of these Measures, and refuses to implement the reconsideration or litigation results after filing an administrative reconsideration or administrative lawsuit;
(two) the expropriated person does not implement the compensation decision made by the city people's government in accordance with the first paragraph of Article 34 of these Measures, and neither applies for reconsideration nor brings a lawsuit within the statutory time limit.
Chapter V Legal Liability
Article 36 If the staff of the people's government of the city and the house expropriation department who made the house expropriation decision fail to perform their duties as stipulated in these Measures in the house expropriation and compensation work, or abuse their powers, neglect their duties, engage in malpractices for selfish ends, participate in, support or instigate the expropriated person to obstruct the expropriation work, the people's government of the city shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 37 If the staff of urban management, housing construction, land, industry and commerce, taxation and other relevant departments fail to investigate, identify and deal with unregistered buildings or houses with unknown expropriation in accordance with the provisions of Item (4) of Article 5 of these Measures, or fail to make an investigation conclusion, the urban people's government shall order them to make corrections, informed criticism; If the circumstances are serious, the relevant responsible person shall be investigated for responsibility in accordance with relevant regulations.
Thirty-eighth by violence, threats or in violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic and other illegal means to force the expropriated person to move, resulting in losses, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.
Article 39 If the expropriated person practices fraud or makes a false report for the purpose of seeking improper compensation, which does not constitute a crime, it shall be dealt with in accordance with relevant regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth the use of violence, threats and other methods to hinder the housing expropriation and compensation work in accordance with the law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Article 41 Those who embezzle, misappropriate, privately divide, withhold or default compensation fees, and those who exceed the standards and scope of compensation and resettlement, shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning and informed criticism to the relevant responsible units; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Article 42 If a real estate appraisal institution or real estate appraiser issues a false or grossly wrong appraisal report, the issuing authority shall order it to make corrections within a time limit, give a warning, impose a fine of 50,000 yuan to 200,000 yuan on the real estate appraisal institution, and impose a fine of 6,543.8+0,000 yuan to 30,000 yuan on the real estate appraiser, and record it in the credit file; If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Forty-third Guangyuan shantytown renovation project, according to these measures, combined with the actual situation of the project, respectively, the implementation plan of expropriation compensation.
Article 44 If the renovation of the old city in Guangyuan downtown and the renovation of villages in the city involve the expropriation of houses on state-owned land, it shall be implemented with reference to these measures before the promulgation of the Detailed Rules for the Implementation of House Expropriation and Compensation on Provincial State-owned Land, and in accordance with the Detailed Rules for the Implementation of Expropriation and Compensation after the promulgation of the Detailed Rules.
Article 45 the expropriation and transformation of rural collective land and rural houses in the region shall be carried out with reference to the implementation procedures of these measures, and the specific compensation and resettlement standards shall be implemented in accordance with relevant national, provincial laws, regulations and policies, as well as the compensation standards for attachments to land acquisition in Guangyuan City and the measures for house demolition and resettlement, the Supplementary Provisions on the compensation standards for attachments to land acquisition in Guangyuan City and the measures for house demolition and resettlement (Provisional).
Article 46 Item (2) of Article 5 of these Measures shall not apply to shantytown renovation projects that have been tendered and signed.
Article 47 These Measures shall come into force as of the date of promulgation. The specific issues in the implementation of these Measures shall be interpreted by the Legal Affairs Office of Guangyuan Municipal People's Government.