"Measures for the expropriation and compensation of houses on state-owned land in Yangjiang City" has been adopted at the 19th executive meeting of the 6th session of the municipal government and is hereby issued to you, please implement it carefully.
Yangjiang Municipal People's Government
20 13 12/3
Measures of Yangjiang Municipality on Expropriation and Compensation of Houses on State-owned Land
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land (Order No.590 of the State Council) and combined with the actual situation of this Municipality in order to standardize the activities of expropriation and compensation of houses on state-owned land in the urban areas of this Municipality, safeguard social public interests and safeguard the legitimate rights and interests of the owners of houses to be expropriated.
Article 2 These Measures shall apply to the expropriation of houses of units and individuals on state-owned land in urban areas (including Hailing Experimental Zone and Yangjiang High-tech Zone) due to the needs of public interests, and compensate the owner of the expropriated house (hereinafter referred to as the expropriated person).
Article 3 House expropriation and compensation shall follow the principles of democratic decision-making, due process, fair compensation and open results.
Article 4 The Municipal People's Government shall be responsible for the expropriation and compensation of houses on state-owned land within the administrative area of this Municipality; The Municipal People's Government determines Yangjiang City Housing and Urban-Rural Planning and Construction Bureau as the house expropriation department of this Municipality (hereinafter referred to as the house expropriation department), and is responsible for organizing and implementing the house expropriation and compensation work within its administrative area.
Development and reform, education, civil affairs, public security, finance, land and resources, transportation, culture, urban management, industry and commerce and other departments shall cooperate with each other in accordance with the statutory duties stipulated in these Measures to ensure the smooth progress of housing expropriation and compensation.
The relevant district governments (administrative committees) and sub-district offices shall cooperate with the implementation of house expropriation and compensation in this area.
The main responsibilities of the fifth urban housing levy department:
(a) responsible for the implementation of laws, regulations and policies on the expropriation and compensation of houses on state-owned land, formulate relevant provisions on the expropriation and compensation of houses on state-owned land within their respective administrative areas, and implement them after being reported to the Municipal People's Government for approval.
(two) according to the requirements of the national economic and social development planning, the overall land use planning and urban and rural planning in this administrative region, the annual housing expropriation plan shall be prepared.
(three) to draw up a compensation plan and report it to the Municipal People's Government for approval.
(four) entrusted by the Municipal People's government, organize the relevant departments to demonstrate and publish the compensation scheme, solicit public opinions, hold a hearing, and assess the social stability risk of housing expropriation.
(five) entrusted by the Municipal People's government, organize relevant departments to investigate, identify and deal with unregistered houses and other buildings within the scope of the proposed expropriation.
(six) to organize the investigation and registration of the ownership, location, use and construction area of the houses within the scope of expropriation, and publish the results of the investigation.
(seven) notify the relevant departments in writing to suspend the construction, expansion and reconstruction within the scope of house expropriation, change the nature and use of houses and land, and go through the relevant procedures such as house sale, lease, mortgage, household registration, industrial and commercial business license, etc.
(eight) signed a compensation agreement with the expropriated person.
(nine) if the compensation agreement cannot be reached with the expropriated person or the owner of the expropriated house is unknown within the signing period determined by the expropriation compensation scheme, the Municipal People's Government shall make a compensation decision.
(ten) according to the law to establish housing expropriation compensation files, and the housing expropriation within the scope of household compensation to be announced.
(eleven) accept reports from organizations and individuals, and timely verify and deal with them.
(twelve) to complete the laws, regulations, rules and other relevant housing expropriation and compensation work assigned by the government at the same level.
Article 6 The house expropriation department entrusts the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit.
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.
As the implementation unit of urban housing expropriation, the municipal housing expropriation office accepts the entrustment of the urban housing expropriation department to carry out specific work such as housing expropriation and compensation.
Article 7 The Municipal People's Government and its house expropriation departments shall strengthen supervision over the house expropriation and compensation work of the people's governments at the county level and their house expropriation departments. The county-level house expropriation department shall report the house expropriation plan for the next year in this area to the municipal house expropriation office for the record before June 10 every year.
Eighth any organization or individual who violates the provisions of these measures has the right to report to the Municipal People's government, the house expropriation department and other relevant departments. After receiving the report, it shall promptly verify and handle it.
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 Collection Decision
Article 9 In order to safeguard national security, promote national economic and social development and other public interests, the Municipal People's Government shall make a decision on house expropriation under any of the following circumstances:
(a) the needs of national defense and diplomacy;
(two) the needs of the Municipal People's government to organize the implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the Municipal People's Government;
(four) the needs of the construction of affordable housing projects organized and implemented by the Municipal People's government;
(five) by the Municipal People's Government in accordance with the relevant provisions of the urban and rural planning law, in areas where dangerous buildings are concentrated and infrastructure is backward, it is necessary to organize and implement the transformation of the old city;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
Article 10 According to the provisions of Article 9 of these Measures, if it is really necessary to expropriate houses for all construction activities, it shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning. The construction of affordable housing projects and the transformation of old urban areas should be included in the annual plan for national economic and social development.
The formulation of national economic and social development planning, overall land use planning, urban and rural planning and special planning shall solicit public opinions and conduct scientific argumentation.
Article 11 The municipal house expropriation department entrusts the municipal house expropriation implementation unit to organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.
Twelfth city housing levy department to develop compensation plan and entrust the Municipal People's government to organize relevant departments to demonstrate the compensation plan and then report it to the Municipal People's government for public comments. The time for soliciting opinions shall not be less than 30 days. If the expropriated person puts forward opinions and suggestions, he shall submit his identity certificate and house ownership certificate in writing within the time limit for soliciting opinions.
Article 13 The Municipal People's Government shall promptly announce the situation of soliciting opinions and making amendments according to public opinions.
Because of the need to levy houses for the transformation of the old city, more than half of the expropriated people think that the expropriation scheme does not conform to the provisions of these measures, and the municipal housing expropriation department shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Article 14 Before the Municipal People's Government makes a decision on house expropriation, it shall entrust the municipal house expropriation department to conduct social stability risk assessment in accordance with the provisions.
If the number of people involved in the expropriation project reaches 50 or more than 250, the Municipal People's Government shall discuss and decide before making a decision on house expropriation.
Before the Municipal People's Government makes a decision on house expropriation, it shall entrust the municipal house expropriation department to organize relevant functional departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law, and post them within the scope of expropriation.
Before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account and used for special purposes.
Fifteenth Municipal People's Government shall, after making a decision on house expropriation, make an announcement within the scope of expropriation in a timely manner and publish it in a publicly issued newspaper. The announcement shall include the following contents:
(a) The purpose and basis of the collection;
(2) The place and scope of collection;
(three) the name of the housing levy implementation unit;
(four) housing expropriation compensation scheme;
(five) no agreement can be reached or the owner of the expropriated house is unknown;
(six) the right of administrative reconsideration and administrative litigation;
(seven) to obtain relevant information and consultation places for house expropriation;
(eight) other matters that should be announced.
The county-level house expropriation department shall, within 7 days from the date when the people's government at the county level makes the decision on house expropriation, report the relevant information about the decision on house expropriation and the compensation scheme for house expropriation to the municipal house expropriation department for the record.
The Municipal People's Government, the municipal housing levy department and the housing levy implementation unit shall do a good job in the publicity and explanation of housing levy and compensation.
Article 16 After houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.
Article 17 If the expropriated person refuses to accept the house expropriation decision made by the Municipal People's Government, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 18 After the scope of house expropriation is determined, houses shall not be built, expanded or rebuilt, the nature and use of houses and land shall not be changed, houses shall not be bought, sold, leased or mortgaged, and houses shall not be moved into household registration, divided into households, and industrial and commercial business licenses shall not be obtained. , and improperly increase the cost of compensation; In violation of the provisions of the implementation, no compensation and processing according to the relevant provisions. Except for reasons such as marriage, childbirth, returning to China, demobilized soldiers, college graduates' household registration migration, immediate family members' approval to take refuge in other provinces and cities, and release from prison, they must move into their household registration and live in households.
The municipal house expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspension of relevant formalities shall specify the suspension period. The maximum suspension period shall not exceed 1 year.
Article 19 The expropriated person can give priority to the procedures of registered permanent residence relocation, mail delivery, telephone relocation, water and electricity cut off, household transfer and transfer in public security, postal services, telecommunications, public utilities, education and other departments by virtue of the house expropriation compensation and resettlement agreement.
Chapter III Compensation
Twentieth Municipal People's government compensation for the expropriated person includes:
(1) Compensation for the value of expropriated houses and land use rights;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
The Municipal People's Government shall formulate measures for relocation subsidies and incentives for outdoor facilities such as water supply, power supply, gas supply, television and communication, and give subsidies and incentives to the expropriated people. Unified standards and specific standards for subsidies and rewards within the scope of the project shall be determined and announced in the compensation scheme according to the specific conditions of the project construction.
Article 21 If the expropriated individual housing meets the local housing security conditions and passes the qualification examination and publicity according to the regulations, the Municipal People's Government shall give priority to housing security without waiting restrictions.
Twenty-second 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 the announcement of the house expropriation decision. 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.
If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the results of the review, you may apply to the municipal real estate price evaluation expert Committee for appraisal.
Article 23 The assessment of house expropriation shall be undertaken by a real estate price assessment agency with corresponding qualifications, and shall be implemented in accordance with the Measures for the Assessment of House Expropriation on State-owned Land (J.F. [2011] No.77) issued by the Ministry of Housing and Urban-Rural Development. City housing levy department shall uniformly publish the list of real estate price assessment agencies with corresponding qualifications and intentions to engage in housing levy assessment, and implement dynamic update. The real estate price appraisal institution shall be selected by the expropriated person through consultation within 30 working days after the government makes a decision on house expropriation and makes an announcement; If it is impossible to negotiate and select within the specified time, the municipal housing levy implementation unit shall organize the expropriated person to take random methods such as drawing lots and shaking numbers to determine. There shall be no less than three real estate price assessment agencies participating in the random determination. Randomly determined real estate price assessment agencies shall be notarized by the notary department on the spot. Can also be in accordance with the principle that the minority is subordinate to the majority, through voting, to determine a real estate price assessment agency with the largest number of votes as the assessment agency of the project, and the municipal housing levy implementation unit will sign an entrusted assessment contract with it.
Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.
Twenty-fourth expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.
Twenty-fifth expropriated people choose monetary compensation for houses, and the amount of compensation for houses expropriated is determined by the real estate appraisal institutions with corresponding qualifications selected by the expropriated people in accordance with the "Measures for the Assessment of Houses Expropriation on State-owned Land".
Twenty-sixth expropriated people choose to exchange houses with property rights, the Municipal People's Government shall provide houses with property rights exchange, and calculate and settle the difference between the value of expropriated houses and the value of houses with property rights exchange with the expropriated people.
If individual houses are expropriated due to the transformation of the old city, and the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the Municipal People's Government shall provide houses in the reconstruction area or nearby areas. The way of property right transaction is as follows:
(a) the old city reconstruction levy of single-family houses according to the construction period after the conversion of the construction area for exchange. Concrete frame structure: the first floor is replaced according to the construction area of1:1.2; The second floor is replaced according to the construction area of 1: 1. 1; The third floor is replaced according to the construction area of 1: 1; Four floors (including four floors) and above shall be replaced according to the construction area of 1: 0.9. Concrete mixed structure: the first floor is replaced according to the construction area of 1∶ 1. 15; The second floor is replaced according to the building area of 1: 1.05; The third floor is replaced according to the construction area of 1: 0.95; Four floors (including four floors) and above shall be replaced according to the construction area of 1: 0.9. Brick-wood structure: the first floor is replaced according to the construction area 1 ∶ 1, and the second floor and above are replaced according to the construction area 1∶ 1.
(2) The construction area of the expropriated apartment or building converted according to the construction years is changed according to the construction area 1: 1.
(3) Conversion method of building years: If the building construction time is less than 10 year (including 10 year), the compensation will be100%; 1 1 95% compensation for 20 years; 2 1 year or more (including 2 1 year) shall be compensated by 90%.
(4) If the compensation and resettlement area exceeds the proportional exchange area 10 square meter, the difference shall be settled at the cost price; If it exceeds 10 square meter, it shall be settled at the market evaluation price. If the compensation area is insufficient, the area will be exchanged in proportion, and the expropriated person will make up according to the market evaluation price.
(five) the choice of the location of the property right transaction floor is based on the principle of signing the agreement first, and the person who chooses the bottom can be given appropriate rewards. Specific standards will be announced in the compensation plan.
Twenty-seventh expropriation of non-residential houses to implement property rights exchange, according to the construction period to convert the construction area according to the proportion of 1: 1 compensation and resettlement. The part of the compensation and resettlement area that exceeds the proportional exchange area shall be settled with the collection department according to the market evaluation price; If the compensation resettlement area is insufficient, increase the replacement area ratio 10% according to the market evaluation price to compensate the expropriated person.
In principle, monetary compensation should be selected for the house expropriation of factories, warehouses, docks and farms.
Twenty-eighth expropriation of residential housing with legal property rights, but the expropriated person "changed from living to business", and the expropriated person chose to exchange property rights, and compensated according to the residential housing; If monetary compensation is chosen, the expropriated person can provide a legal and valid business license, and if it is actually operated, it can be compensated according to 60% of the assessed price of the operating housing market. If the compensation is lower than the total amount of compensation for residential houses calculated and processed in these Measures (i.e. monetary compensation+collection of incentives), the compensation amount shall be determined according to the total amount of compensation for residential houses.
Article 29 The expropriation of houses with mortgages shall be carried out in accordance with the relevant provisions of the State Security Law. During the collection period, if the mortgagor pays off the debts to the mortgagee or signs a new mortgage agreement with the mortgagee, he will directly compensate the expropriated person (mortgagor). If the mortgagor fails to pay off the debts or reach a new mortgage agreement with the mortgagee within the collection period, the property right exchange shall be implemented, and the municipal house expropriation implementation unit shall go through the evidence preservation procedures at the notary office, and notify the mortgagor and the mortgagee of the house exchange in time, and the mortgagee may request to exchange the house mortgage with property right; Where monetary compensation is implemented, the municipal housing expropriation implementation unit shall submit the compensation to the notary office for notarization, and notify the mortgagor and mortgagee in time, so that the mortgagee can get priority compensation within the scope of creditor's rights.
Article 30 If the technical floor (including mezzanine and attic) in the expropriated house belongs to the overall structure and layout of the original building or has been approved for construction, and the height is more than 2.2 meters and not less than 2.4 meters (that is, the natural height is not less than 4.6 meters), the replacement property area can be calculated according to the ratio of 1: 0.8; If the floor height is less than 2.2 meters, no property rights exchange will be carried out, but monetary compensation should be given according to the market evaluation price.
If the second floor (including the second floor) of brick-wood tile house is expropriated, the eaves height is less than 2.2 meters, and the wall height is more than 2.2 meters, the property right can be exchanged or monetary compensation can be made according to 80% of the converted area; If the wall height is less than 2.2m but more than1.6m, the property rights shall be exchanged or monetary compensation shall be made according to 50% of the converted area; If the wall height is less than1.6m, only monetary compensation will be made.
Thirty-first the following compensation items shall be handled in accordance with the following provisions:
(a) the ceiling, wood, granite and other special decoration compensation. The expropriated house shall be given monetary compensation according to the market evaluation price standard.
(two) the compensation for sporadic fruit trees, bamboo, vegetable gardens and other crops of the expropriated person shall be implemented with reference to the compensation standards for attachments on the expropriated land.
(three) the housing foundation, simple houses and ancillary facilities shall be given monetary compensation according to the market evaluation price.
Thirty-second relocation caused by the expropriation of housing, should be based on the housing construction area to be expropriated to pay a one-time relocation fee per square meter of 20 yuan; Choose property rights exchange housing, property rights exchange housing before delivery, the expropriated person shall pay 250 yuan temporary resettlement fee or provide turnover housing per person per month according to the registered population; If monetary compensation is chosen, the temporary resettlement fee of 250 yuan for 6 months per person per month shall be paid to the expropriated person according to the registered population.
Thirty-third compensation for losses caused by the expropriation of legal houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Among them, the benefit before house expropriation is based on the actual monthly average after-tax profit 1 year before the house expropriation decision is made in principle. If the tax payment certificate cannot be provided or the after-tax profit cannot be calculated, it shall be calculated according to the average after-tax profit of the same industry in the region in the previous year or the market rent of similar houses. Determine the period of suspension of production and business, and choose monetary compensation, which is calculated as 6 months; If the property right exchange is selected, the period of suspension of production and business shall be from the date of actual relocation of the expropriated person to the date of delivery of the notice of property right exchange house.
Thirty-fourth Municipal People's Government and its relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with violations of urban and rural planning.
Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Article 35 The municipal house expropriation department entrusts the municipal house expropriation implementation unit to conclude a compensation agreement with the expropriated person on matters such as compensation method, compensation amount and payment term, location and area of the property right exchange house, relocation fee, temporary resettlement fee or turnover house, loss of production or business suspension, relocation period, transition mode and transition period.
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 36 If the implementation unit of municipal house expropriation and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the municipal house expropriation department shall report to the Municipal People's Government in accordance with the provisions of these Measures, make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 35 of these Measures.
The relocation period of the compensation decision shall not be less than 30 days.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Thirty-seventh the implementation of housing expropriation should be compensated first, and then moved. After the Municipal People's Government compensates the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined by the compensation decision.
No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
Article 38 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 decision, the Municipal People's Government that made the decision on house expropriation 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 of the special account, the location and area of the property right exchange house and the turnover house.
Before applying to the people's court for execution, the municipal house expropriation department shall go to the notary office to handle the evidence preservation of the expropriated house.
Article 39 The planning, design, construction and municipal facilities of resettlement houses, namely resettlement sites and temporary revolving houses, which are subject to property rights exchange shall be determined by the Municipal People's Government on behalf of the construction department or uniformly constructed by the government-designated department, and the relevant units shall cooperate.
Fortieth when signing the expropriation compensation agreement, the expropriated person shall return the relevant documents of the expropriated house together, and the relevant functional departments shall cancel them in time.
The implementation of property rights exchange, the city housing levy implementation unit shall assist the expropriated person to handle the property rights registration procedures for the exchange of houses.
Forty-first urban housing levy implementation unit shall establish a housing levy compensation file according to law, and publish the household compensation to the expropriated person within the scope of housing levy.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Chapter IV Legal Liability
Article 42 If the staff of the Municipal People's Government, the house expropriation department and the house expropriation implementation unit fail to perform their duties as stipulated in these Measures, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the people's government at a higher level or the people's government at the same level 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.
Forty-third by violence, threats and other illegal means or in violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic 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.
Forty-fourth by violence, threats and other means to hinder the housing expropriation and compensation work according to 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 45 Whoever embezzles, misappropriates, privately divides, intercepts or defaults on compensation fees 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.
Forty-sixth real estate price assessment agencies or real estate appraisers issued false or major errors in the assessment report, according to the provisions of Article 34 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
Chapter V Supplementary Provisions
Article 47 Where laws, regulations and rules provide otherwise for the requisition of military facilities, overseas Chinese residences, churches, temples, cultural relics and buildings in historical and cultural protection zones, such provisions shall prevail.
Forty-eighth county (city) people's government within the jurisdiction of the state-owned land housing expropriation and compensation work with reference to these measures.
Article 49 These Measures shall come into force as of the date of promulgation and shall be valid for 5 years. Before the implementation of these measures, the projects that have obtained the house demolition permit according to law shall continue to be handled in accordance with the original provisions.