A, Changchun city housing demolition compensation standard
The relocation compensation caused by the expropriation of houses shall be implemented in accordance with the following provisions:
(a) the expropriation of residential houses, in accordance with the standards of each household in 300 yuan, the relocation compensation for the expropriated person;
(two) the expropriation of non residential houses, should be given relocation compensation according to the equipment disassembly and transportation costs. Equipment that cannot be restored to use shall be compensated according to the replacement price; The specific amount of compensation can be determined through consultation, and can also be entrusted to an evaluation agency for evaluation;
(three) the relocation expenses of telephone, cable TV, gas, Internet and other supporting facilities and equipment in the expropriated house shall be compensated to the expropriated person in accordance with the relevant provisions.
Temporary resettlement compensation caused by the expropriation of residential houses shall be implemented in accordance with the following provisions:
(1) If the expropriated person chooses monetary compensation, he/she shall pay the temporary resettlement compensation for three months in one lump sum according to the construction area of the expropriated house, at a rate of per square meter per month 10 yuan;
(2) If the expropriated person chooses to exchange property rights, during the transition period, according to the construction area of the expropriated house, the temporary resettlement compensation fee shall be paid to the expropriated person every six months (in the first month of every six months, half a month is calculated for less than half a month, and 1 month is calculated for more than half a month). If the transition period is less than 18 months, it is per square meter per month 10 yuan; If the transition period is between 19 months and 24 months, per square meter per month 1 1 yuan; If the transition period exceeds 25 months, per square meter per month 12 yuan;
(three) due to the responsibility of the housing levy department, over the transition period, from the date of overdue payment of temporary resettlement compensation. If it is overdue for 1-3 months, it will be paid 50% every month; If it is overdue for more than 4 months, it will be issued monthly 100%.
If the house expropriation department provides revolving houses, it shall not pay temporary resettlement compensation to the expropriated person.
II. Regulations of Changchun Municipality on House Expropriation
Regulations of Changchun Municipality on Housing Expropriation and Compensation
Chapter I General Provisions
first
In order to regulate the expropriation of collective land and housing and other attachments compensation and resettlement behavior, safeguard the legitimate rights and interests of the expropriated person, according to the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and the Jilin (agricultural land,
Commercial and residential areas, industrial areas) land management regulations "and other relevant laws, regulations and rules, combined with the actual city, the enactment of this approach.
Article 2 Except Yushu City, Nong 'an County, dehui city City, Jiutai City and Shuangyang District, these Measures shall apply to the expropriation of collective land and houses and other attachments within the administrative area of this Municipality.
Article 3 Expropriation of attachments such as collective land and houses shall follow the principles of fair compensation, due process and open results, and ensure that members of collective economic organizations whose land is expropriated enjoy the right to know, participate and supervise.
Article 4 The Municipal People's Government shall be responsible for the collection and compensation of attachments such as collective land and houses within its administrative area. All departments should do relevant work according to the division of responsibilities.
(a) the municipal land department shall organize the implementation of the collection and compensation of collective land and houses and other attachments within their respective administrative areas.
(two) the municipal land department may entrust the Municipal People's government and the Development Zone Administrative Committee to implement the compensation work for collective land, houses and other attachments within their respective jurisdictions.
(three) the agricultural department of the city and district (Development Zone) is responsible for guiding the specific allocation of compensation and resettlement fees for land acquisition.
(four) the municipal, district (Development Zone) human and social departments are responsible for handling basic social endowment insurance for members of rural collective economic organizations.
(five) the financial department of the city and district (Development Zone) is responsible for the approval of land acquisition, land acquisition compensation, and the allocation and management of compensation and resettlement funds for above-ground houses and other attachments.
(six) city, district (Development Zone) supervision department is responsible for the supervision of collective land and housing and other attachments compensation and resettlement work.
(seven) other departments of the city and district (Development Zone) shall, in accordance with their respective responsibilities, do a good job in related work.
(8) Township people's governments, subdistrict offices and village (neighborhood) committees where collective land is expropriated shall assist urban people's governments and development zone management committees in the implementation of expropriation of collective land, houses and other attachments, and shall be responsible for compensation registration.
Rural collective economic organizations whose land has been expropriated are responsible for paying compensation and resettlement fees for land acquisition.
Chapter II Collection Procedures
Article 5
Before the collective land expropriation is submitted for approval according to law, the municipal government issues a notice of land expropriation to the rural collective economic organizations that have been expropriated. The contents of the announcement of the land to be requisitioned include the location, scope and area of the land to be requisitioned. If land expropriation is not carried out within the time limit stipulated in the announcement, causing losses to the owners or users of the expropriated land, the municipal and district people's governments (Development Zone Management Committee) and land-using units shall compensate them.
Article 6
After the notice of land requisition is issued, the entrusted city people's government and the development zone administrative committee shall investigate and register the scope, land ownership, land types, houses and other attachments of the land to be requisitioned. The survey results shall be confirmed by the rural collective economic organizations or the owners of the expropriated land, and published in the villages and groups where the expropriated collective land is located.
Article 7
At the same time of investigation and registration, the Municipal People's Government and the Development Zone Administrative Committee where the collective land is expropriated shall organize the human and social departments to do a good job in the investigation, registration and verification of social endowment insurance for members of rural collective economic organizations whose land is expropriated, and the land, financial departments, township people's governments and sub-district offices shall cooperate with each other to do a good job in related work.
Article 8
Before the approval of land requisition, the entrusted urban people's government and the administrative committee of the Development Zone shall deposit the land compensation fee and resettlement subsidy, the relevant taxes and fees for land requisition approval and the social basic old-age insurance premium of the members of the rural collective economic organizations whose land has been requisitioned into the designated financial accounts.
Article 9 Entrusted by the Municipal People's Government, the Development Zone Management Committee shall draw up a collective land expropriation plan, which shall be reviewed by the Municipal Land Department, and submitted to the people's government with the approval authority for approval after the approval of the Municipal People's Government.
Article 10
The entrusted municipal people's government and the administrative committee of the development zone will announce the land acquisition plan within 10 working days after receiving the land acquisition approval documents. At the same time, the land acquisition compensation and resettlement plan shall be drawn up and announced within 45 days from the date of announcement of the land acquisition plan. The announcement shall be posted in a prominent position of the rural collective economic organizations whose land has been expropriated, and published on the website of the municipal land department for supervision.
(a) the contents of the announcement of the land acquisition plan include:
1. Land requisition approval authority, approval number, approval time and purpose;
2. Ownership, location, land type and area of the expropriated land;
3. Land requisition compensation standards and resettlement methods for members of collective economic organizations;
4. Time limit and place of land requisition compensation registration.
(two) the contents of the announcement of the land acquisition compensation and resettlement plan include:
1. The location, type and area of the expropriated land, the type and quantity of young crops, and the number of agricultural population to be resettled;
2. The standard, amount, payment object and payment method of land compensation fee;
3 resettlement subsidy standard, amount, payment object and payment method;
4. Compensation standards and payment methods for ground attachments and young crops such as houses;
5. Other specific measures related to land acquisition compensation and resettlement.
Article 11
If the expropriated person raises an objection to the compensation and resettlement plan for land acquisition, and more than half of the total number requests a hearing, it shall submit a written application within 10 working days from the date of announcement. In accordance with the provisions, the urban and development zone land departments shall organize hearings in accordance with the provisions. If it is really necessary to modify the compensation and resettlement plan for land acquisition, it shall be modified in accordance with relevant laws and regulations and the approved land acquisition plan.
Twelfth compensation for the above-ground houses and other attachments shall be agreed by both parties; If the agreement fails, the compensation standard shall be determined after evaluation by a qualified evaluation agency.
Article 13
If the expropriated person has no objection to the compensation standard or resettlement method of the attached objects such as land and houses, the entrusted city people's government, the development zone management committee and the expropriated person shall sign an agreement on compensation and resettlement. The land acquisition fee shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.
Article 14
After reaching a land acquisition agreement and paying land compensation fees, resettlement subsidies and young crops compensation fees in full, the expropriated person shall hand over the expropriated collective land on time; If an agreement on compensation and resettlement of houses and other attachments is reached, the expropriated houses and other attachments shall be handed over at the time agreed in the agreement.
Chapter III Evaluation of Attachments such as Houses
Article 15
Need for compensation assessment of housing and other attachments, the assessment agencies are selected by the owners of housing and other attachments within the scope of land acquisition through consultation among qualified assessment agencies; If negotiation fails, the entrusted municipal people's government, the administrative committee of the Development Zone and the owner * * *, and the appraisal agency shall be determined by means of the minority obeying the majority, lottery and lottery. The land departments of urban areas and development zones entrust assessment agencies according to the identification results.
Sixteenth housing and other attachments compensation price evaluation time, for the land acquisition compensation and resettlement program announcement date. Evaluation procedures and technical specifications shall be implemented in accordance with relevant regulations.
Article 17
The evaluation institution shall make an evaluation report. In the process of evaluating attachments such as houses, if the expropriated person fails to cooperate or provide relevant information, the evaluation institution shall make an evaluation according to the investigation and registration materials and video materials of relevant departments after the announcement of land acquisition is issued, and explain the relevant situation in the evaluation report.
Article 18
The assessment report shall be publicized in a prominent position in the village where the houses and other attachments are expropriated for 7 days. During the publicity period, the appraiser will give an on-site explanation. After the expiration of the publicity period, the land department of the urban area and the development zone shall deliver the assessment report issued by the assessment agency door to door.
Article 19
If the expropriated person disagrees with the evaluation results, he may apply to the evaluation agency for review and evaluation within 10 days from the date of receiving the evaluation report. The evaluation institution shall issue the review results and deliver them within 10 days from the date of receiving the application for review.
If you have any objection to the evaluation results, you can apply to the evaluation expert Committee for appraisal within 10 days from the date of receiving the evaluation results. The expert appraisal committee shall issue a written appraisal opinion within 10 days from the date of receiving the application.
Chapter IV Scope, Standards and Methods of Compensation and Resettlement
Article 20
The above-ground houses used for compensation and resettlement should have legal examination and approval procedures, certification materials or comply with relevant regulations. After the Notice of Planned Land Acquisition is issued, no compensation will be given to those who rush to plant seeds or sow seeds within the planned land acquisition scope, or build, rebuild or expand houses and appendages.
Twenty-first land compensation fees, resettlement subsidies, young crops compensation standards, in accordance with the Municipal People's government to develop and publish the comprehensive land price of the expropriation area to determine.
Twenty-second expropriation of collective land involves the expropriation of houses on the ground, and the expropriated person can choose monetary compensation and resettlement, housing property rights exchange resettlement and relocation resettlement.
(a) within the scope of the overall urban planning, take monetary resettlement and housing property rights exchange resettlement. The Municipal People's Government and the Administrative Committee of the Development Zone shall uniformly build houses for property rights exchange and resettlement, and the residential land shall be state-owned and provided by way of allocation.
(two) outside the scope of the overall urban planning, there are conditions to focus on the construction of resettlement houses, and the urban people's government and the administrative committee of the development zone shall build a unified housing property right exchange and resettlement houses. Unable to arrange housing property rights exchange and resettlement, you can choose to relocate and rearrange the homestead building. House demolition will be compensated according to the replacement cost of the house.
(three) within the scope of collection, those who have enjoyed monetary resettlement or housing property rights exchange resettlement may not apply for new homestead.
(four) the housing property rights are outside the rural collective economic organizations and their members whose land has been expropriated, and only the compensation for the above-ground houses, land compensation fees and resettlement subsidies are given to the rural collective economic organizations.
(five) the compensation standard for the expropriated house shall be the same as that for the house demolition on the state-owned land in the same area or the same construction project.
Article 23
Compensation for attachments such as houses should also be paid to the property owner for moving subsidies, equipment relocation and installation fees, compensation for losses caused by suspension or closure, replacement fees for equipment that cannot be restored to use, and temporary resettlement subsidies during the transition period. Its standards shall be implemented in accordance with relevant regulations. If there is no standard, it shall be assessed by an assessment agency with corresponding qualifications.
Chapter V Dispute Resolution
Twenty-fourth controversial compensation standards, by the Municipal People's government to coordinate and solve; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan.
Article 25
In violation of the provisions of land management laws and regulations, obstructing the expropriation of land, and the owner has obtained compensation according to law or refused to accept compensation without justifiable reasons, and refused to hand over the attachments such as land and houses, the municipal land department shall order the owner to hand over the attachments such as land and houses in writing; If the attachments such as land and houses are not relocated within the time limit, it shall apply to the people's court for compulsory execution.
Chapter VI Supplementary Provisions
Twenty-sixth countries and provinces have other provisions on the collection and compensation of collective land and houses and other attachments, from those provisions.
Article 27 These Measures shall come into force as of the date of promulgation.
Demolition and compensation are a whole. Successful demolition means getting reasonable compensation, and getting compensation for demolition also means agreeing to demolition. However, if the compensation is not in place, the people will refuse the demolition. Therefore, whether the demolition can be carried out smoothly or not, the compensation standard is very critical.