Chapter I General Principles
Article 1 In order to regulate the expropriation and compensation activities of houses on state-owned land in this Municipality, safeguard public interests and protect the legitimate rights and interests of the owners of houses to be expropriated, these Measures are formulated in accordance with the Regulations of the State Council on Expropriation and Compensation of Houses on State-owned Land and relevant laws and regulations, and combined with the actual situation of this Municipality.
Article 2 In order to meet the needs of public interests, the expropriation of houses of units and individuals on state-owned land shall give fair compensation to the owner of the expropriated house (hereinafter referred to as the expropriated person).
Article 3 These Measures shall apply to the expropriation and compensation of houses on state-owned land within the urban area of this Municipality.
Fourth housing expropriation and compensation should follow the principles of democratic decision-making, due process and open results.
Article 5 The Municipal People's Government shall be responsible for the house expropriation and compensation in this Municipality; The people's governments of all districts shall be responsible for the house expropriation and compensation in their respective jurisdictions.
City housing security and real estate department is the city's housing levy department, responsible for organizing the implementation of the city's housing levy and compensation work, and to supervise and guide the housing levy and compensation work in various districts.
The house expropriation department determined by the District People's Government is responsible for organizing the implementation of the house expropriation and compensation work in this area.
Planning, land, development and reform, finance, auditing, supervision, administrative law enforcement and other departments, sub-district offices and township (town) people's governments shall, in accordance with the prescribed division of responsibilities, cooperate with each other and do a good job in housing expropriation and compensation.
Article 6 The house expropriation department may entrust 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, and shall not undertake the task of house expropriation by contract.
Entrusted by the municipal housing levy department, the municipal housing levy office is responsible for the specific work of municipal housing levy and compensation.
Entrusted by the district housing levy department, the district housing levy implementation unit is responsible for the specific work of housing levy and compensation in this area.
The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Article 7 Personnel engaged in house expropriation and compensation shall be trained in relevant laws, regulations and relevant knowledge, and only after passing the training can they take up their posts with certificates.
Chapter II Collection Decision
Article 8 In order to safeguard national security, promote national economic and social development and other public interests, the municipal and district people's governments 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 government organization and 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 government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
Article 9 According to the provisions of Article 8 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 of cities and districts.
If the transformation of the old city needs to be levied, the house expropriation department shall solicit the opinions of the expropriated person, and with the consent of more than 90% of the expropriated person, the transformation of the old city can be incorporated into the annual plan for the national economic and social development of the city and district.
City housing levy department shall prepare the city's annual housing levy plan and report it to the Municipal People's government for approval before implementation.
Tenth housing levy in accordance with the following procedures:
(a) the house expropriation department shall determine the scope of house expropriation according to the house expropriation plan and make an announcement;
(two) after the scope of the house expropriation is determined, the house expropriation department shall notify the relevant departments in writing to suspend the relevant procedures;
(3) The house expropriation department shall organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of house expropriation, and the competent department of urban and rural planning shall organize the investigation, identification and treatment of unregistered buildings within the scope of house expropriation. The survey results are announced to the expropriated person within the scope of house expropriation;
(4) To draw up a compensation plan;
(5) The municipal and district people's governments conduct social stability risk assessment in accordance with relevant regulations;
(six) housing levy compensation fees deposited in the city, district housing levy department designated account, special storage, earmarking;
(seven) the municipal and District People's governments make decisions on house expropriation;
(eight) the housing levy department organizes the collection, compensation and resettlement work;
(nine) the house expropriation department shall organize the implementation of house demolition according to law.
Eleventh after the scope of house expropriation is determined, it is not allowed to build, expand, rebuild houses and change the use of houses within the scope of house expropriation, and so on to increase the compensation fees improperly; In violation of the provisions of the implementation, no compensation.
The 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 12 The compensation scheme shall be formulated according to the following procedures:
(1) The house expropriation department shall draw up a compensation plan and report it to the people's government at the same level. The compensation scheme for expropriation shall include the time of expropriation, the scope of expropriation, the survey results of expropriated houses, compensation funds, compensation methods, resettlement sites of houses with property rights exchange, relocation period, relocation transition mode, transition period, signing period of expropriation compensation, and reward standards.
(two) the people's government at the corresponding level shall organize the relevant departments to demonstrate and publish, and solicit public opinions. The time limit for soliciting opinions shall not be less than 30 days;
(three) the people's government at the same level will solicit opinions and make amendments according to public opinions.
The compensation plan drawn up by the district house expropriation department shall be subject to the consent of the municipal house expropriation department in advance.
Because of the transformation of the old city, houses need to be expropriated, and more than 50% of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, the legal institution of the people's government at the corresponding level shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Thirteenth housing expropriation decisions involving more than 1000 households, should be discussed and decided by the municipal and district people's government executive meeting, to make a decision on housing expropriation.
Article 14 After the municipal and district people's governments make a decision on house expropriation, they shall make an announcement within the scope of expropriation. The announcement shall include the following contents:
(a) The purpose and basis of the collection;
(2) The place and scope of collection;
(3) Compensation scheme;
(four) the name of the housing levy implementation unit;
(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) other matters that should be announced.
Fifteenth city, District People's governments and housing levy departments should do a good job in the publicity and explanation of housing levy and compensation.
If houses are expropriated according to law, with the approval of the Municipal People's Government, the municipal land administrative department will issue an announcement to cancel the right to use state-owned land and recover the right to use state-owned land.
Article 16 If the expropriated person refuses to accept the house expropriation decision made by the municipal or district people's government, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter III Compensation
Seventeenth municipal and District People's governments that have made the decision on house expropriation shall pay compensation to the expropriated person, including:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
The municipal and district people's governments shall give subsidies and rewards to those who meet the requirements of these measures.
Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, should be in accordance with the relevant provisions of the housing security priority to obtain housing security, the expropriated person can not participate in the social waiting list.
Nineteenth the 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 according to law.
Twentieth city real estate departments shall announce to the public the list of real estate price assessment agencies with corresponding qualifications.
Twenty-first within 5 days from the date of the announcement of the house expropriation decision, the house expropriation department shall organize the expropriated person to negotiate and choose the real estate price assessment agency. If the negotiation fails, the house expropriation department shall invite the expropriated person and community representatives to participate, and select the evaluation institution by public lottery. If the expropriated person does not elect a representative, or does not participate in the lottery, the community representative will openly draw lots to select the evaluation agency. The lottery process and results shall be notarized by the notary organ on the spot.
Twenty-second real estate price assessment agencies should comprehensively consider the location, use, construction area, structure, floor, orientation, development, supporting facilities and other factors of the expropriated house, and make an assessment report; The interior decoration value of the expropriated house shall be assessed separately from the main value of the expropriated house.
The real estate price assessment institution shall provide the preliminary assessment results of households to the house expropriation department; The house expropriation department shall publicize the preliminary assessment results of households within the scope of house expropriation for 7 days. During the publicity period, the real estate appraiser will explain it on the spot.
After the preliminary household assessment results are publicized, the house expropriation department shall deliver the household assessment report issued by the real estate price assessment agency door-to-door.
Article 23 In the process of house expropriation and evaluation, if the house expropriation department or the expropriated person does not cooperate or provide relevant information, the real estate price evaluation institution shall make an evaluation according to the registration of the expropriated house ownership with reference to similar houses, and explain the relevant situation in the evaluation report.
Article 24 Anyone who disagrees with the appraisal result may apply to the real estate price appraisal agency for re-appraisal within 10 days from the date of receiving the appraisal report. The real estate price appraisal 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 review results, you can apply to the real estate appraisal expert committee for appraisal within 10 days after receiving the review results. The real estate appraisal expert committee shall issue a written appraisal opinion within 10 days from the date of accepting the application.
Twenty-fifth expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.
If the expropriated person chooses to exchange property rights, the municipal and district people's governments shall provide houses for the exchange of property rights.
Twenty-sixth residential housing expropriated people choose to exchange property rights, according to the construction area of the expropriated house nearby according to the standard huxing exchange. The value of the equal part of the building area of the expropriated house and the building area of the property right exchange house shall not be settled; If the building area of the property right exchange house exceeds the building area of the expropriated house, the increased area shall be paid according to the construction and installation cost of the multi-storey residential building of the property right exchange house, and the property right shall be owned by the expropriated person; Where the expropriated person requests the property right exchange according to the construction area exceeding the standard apartment, the part exceeding the construction area of the standard apartment shall be settled according to the market price of the property right exchange house.
If the building area of the expropriated house exceeds the highest standard apartment type, it can be replaced in accordance with the standard apartment type, or monetary compensation can be made for the part exceeding the highest standard apartment type. The construction area calculated by exchange and merger, which exceeds the construction area of the expropriated house, shall be settled according to the market price of the property right exchange house.
Multi-storey residential building installation project cost according to the municipal construction department announced the implementation of the standard of the previous year.
Article 27 The construction area of standard apartment for property right exchange shall not be lower than the following standards: 65438+49 square meters with 0.5 rooms, 54 square meters with 2 rooms and 64 square meters with 2.5 rooms. Among them, the master bedroom of each apartment is not less than 3 meters, the living area is not less than 13 square meters, the hall (including corridor) is not less than 4.8 square meters, the kitchen is not less than 4 square meters, and the bathroom is not less than 1.8 square meters.
If the building area of the property right exchange house exceeds the standard apartment type, the expropriated person shall pay the additional area according to the construction and installation cost of the multi-storey residential building; Property exchange housing construction area is less than the standard huxing, the insufficient part is returned according to the market price of the property exchange housing.
Twenty-eighth non residential housing expropriated people choose property rights exchange, the expropriation of housing value and property rights exchange housing value calculation, settlement price difference.
Twenty-ninth 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.
Thirtieth 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.
Thirty-first compensation for losses caused by the expropriation of non-residential houses shall be determined according to the benefits before expropriation and the period of suspension of production and business, and the transitional period of suspension of production and business shall be implemented in accordance with the following provisions:
(1) If the expropriated person can provide the taxable income certificate issued by the tax department, the compensation for the loss of production or business suspension shall be calculated according to the following formula:
Taxable income in the previous year ÷ 12 (month) × period of suspension of production and business (month)
(2) If the expropriated person can't provide the taxable income certificate issued by the tax department, or the provided taxable income certificate can't reflect the loss of production or business suspension, the compensation for the loss of production or business suspension shall be calculated according to the registered purpose and construction area of the expropriated house: if it is registered for commercial and service purposes, it will be 45 yuan per square meter per month; Registered for office and production purposes, 30 yuan per square meter per month; Registered for storage and other purposes, 20 yuan per square meter per month.
If the expropriated person of non-residential houses chooses monetary compensation, he will pay the compensation for the loss of production or business suspension for 3 months in one lump sum; Housing property rights exchange, monthly compensation for the loss of the expropriated person to stop production or business. If the suspension period is less than 1 month, it shall be calculated as 1 month.
If the non-residential houses are idle when they are expropriated, no compensation will be given for the loss of production or business suspension.
Thirty-second residential housing expropriated people choose monetary compensation, the expropriation of people to implement the subsidy system.
The subsidy amount of the expropriated residential house is: the assessed amount of the expropriated residential house multiplied by the increase rate. The increase rate is determined according to the construction area of the expropriated residential house. If the construction area is less than 25 square meters, the increase rate is 40%; If the construction area is more than or equal to 25 square meters and less than 33 square meters, the increase rate is 35%; If the construction area is more than or equal to 33 square meters and less than 4 1 square meter, the increase rate will be 30%; If the construction area is greater than or equal to 4 1 square meter and less than 49 square meters, the increase rate is 25%; Construction area of 49 square meters or more, the increase rate is 20%.
If the expropriated residential building area is less than 49 square meters, in addition to the subsidies specified in the preceding paragraph, subsidies shall also be given according to the amount of multi-storey residential building installation costs multiplied by the expropriated residential building area plus 49 square meters.
The regulation that the building area of expropriated residential houses is increased from less than 49 square meters to 49 square meters refers to the building area recorded in the house ownership certificate before July 3, 2004, or the building area initially registered after August/Kloc-0, 2004 is increased from less than 49 square meters to 49 square meters.
Thirty-third residential housing for business activities, according to the residential housing compensation. Before the house expropriation department notifies the relevant departments in writing to suspend the relevant formalities, if the expropriated person has obtained the business license in accordance with the law and paid taxes in accordance with the law, a one-time subsidy will be given to the part of the construction area used for its operation according to the following standards:
(a) engaged in commercial and service business activities, according to the housing assessment amount of 20% subsidies;
(two) engaged in office, production and other business activities, according to the housing assessment amount of 15% subsidy;
(three) engaged in warehousing and other business activities, according to the housing assessment amount of 10% subsidy.
Article 34 For urban low-income households that meet the minimum living guarantee conditions for urban residents, only 1 set of houses with a construction area of less than 49 square meters, and are unable to settle the price difference, they shall be resettled according to houses with a construction area of 49 square meters after being identified by the civil affairs department. The part exceeding the original construction area belongs to the people's government.
Thirty-fifth expropriation of residential houses to be imposed on the implementation of the reward system.
If the expropriated person moves within the specified relocation period, the early relocation reward will be given 10000 yuan.
In addition to the early relocation reward, if the overall relocation rate of a unit, building, block or project reaches 100% within the specified relocation period, the expropriated person of the unit residential house will be given the overall relocation reward. Specific reward standards and measures shall be formulated separately by the municipal and district people's governments, but the maximum reward standard for the overall relocation of the expropriated person shall not exceed 20,000 yuan.
Thirty-sixth residential housing expropriated people choose to exchange property rights, the municipal and district people's governments that have made the decision on housing expropriation shall provide housing within the scope of housing expropriation or in the nearest lot.
If the expropriated person chooses to exchange property rights, it shall be sorted in public according to the relocation time, and the expropriated person shall choose independently in the corresponding apartment in turn when moving back.
Thirty-seventh for the implementation of property rights exchange or the expropriated person to buy a house in the form of monetary compensation, the equivalent of the expropriated house shall be exempted from house deed tax.
Thirty-eighth expropriation of public housing, the expropriated person and the lessee of public housing choose monetary compensation, the lease relationship is terminated. For residential houses, the expropriated person shall be compensated according to 20% of the assessed amount of the expropriated house, and other relevant compensation shall be paid to the lessee of public housing; For non-residential houses, the expropriated person shall be compensated according to 40% of the assessed amount of the expropriated house, and other relevant compensation shall be paid to the public housing tenant.
If the expropriated person and the lessee of public housing fail to reach an agreement on terminating the lease relationship, the municipal and district people's governments shall exchange the property rights of the expropriated person. If the house with property right exchange is leased by the original public housing tenant, the expropriated person shall re-conclude the housing lease contract with the original public housing tenant.
Thirty-ninth unregistered buildings within the scope of house expropriation shall be compensated in accordance with the provisions of these measures if they are recognized as legal by the competent department of urban and rural planning; Temporary buildings that do not exceed the approved period shall be compensated according to the construction and installation project cost combined with the remaining service life; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
1In April, 990, before the promulgation of the Urban Planning Law of People's Republic of China (PRC), if the owner has a formal residence and no other residence within the scope of house expropriation, the expropriated house can be compensated according to the construction and installation costs of houses with different structures, and the specific compensation amount will be assessed and determined by the real estate price appraisal agency. The natural situation of the compensation object and the compensation amount shall be publicized within the scope of house expropriation for 5 days.
Fortieth house expropriation departments shall conclude a compensation agreement with the expropriated person. The compensation agreement shall include the following contents:
(a) the way of compensation;
(two) the amount of compensation and payment period;
(three) the location and area of the house for property rights exchange;
(four) relocation compensation, temporary resettlement compensation or turnover housing, production and operation compensation;
(five) the relocation period;
(six) the 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.
The model text of the house expropriation compensation agreement is uniformly printed by the municipal house expropriation department.
Article 41 If the house expropriation department 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 house expropriation department shall report to the municipal or district people's government that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of these Measures, 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 40 of these Measures.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Forty-second the implementation of housing expropriation should be compensated first, and then moved.
The municipal and district people's governments that have made the decision on house expropriation shall promptly and fully compensate the expropriated person. The expropriated person shall complete the relocation according to the relocation period agreed in the compensation agreement or determined in 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 43 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 or district 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.
Forty-fourth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Chapter IV Legal Liability
Forty-fifth house expropriation department staff in the process of house expropriation and compensation, abuse their powers, neglect their duties, engage in malpractices for selfish ends, shall be given administrative sanctions; 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.
Forty-sixth by violence, threat or 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.
Forty-seventh 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 48 Whoever embezzles, misappropriates, privately divides, intercepts or defaults in collecting compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to the relevant responsible units, informed criticism; 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 49 If a real estate appraisal institution or real estate appraiser issues a false or seriously 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 V Supplementary Provisions
Fiftieth city development zone management committee in accordance with the provisions of these measures, responsible for the area of housing expropriation and compensation.
Fifty-first counties (cities) housing expropriation and compensation work with reference to these measures.
Article 52 These Measures shall come into force as of the date of promulgation.
Detailed Rules for the Implementation of the Regulations on the Management of Urban Housing Demolition in Changchun promulgated by the Municipal People's Government on June 30, 2004, Several Provisions on Housing Demolition in Shuangyang District of Changchun promulgated by the Municipal People's Government on July 6, 2005, and Interim Provisions on Compensation and Resettlement for Residential Housing Demolition in shantytown renovation projects in Changchun promulgated by the Municipal People's Government on March 65, 2006, May 2007
The State Council's "Regulations on Expropriation and Compensation of Houses on State-owned Land" has been implemented in accordance with the law to obtain the permit for house demolition, including the shantytown renovation project being implemented, and it will continue to be implemented in accordance with the original provisions, but the people's government shall not instruct the relevant departments to forcibly dismantle it.
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