"Yunfu City" three old "transformation of housing levy (demolition) and compensation implementation measures" by the twenty-second executive meeting of the fifth session of the municipal government, is hereby issued to you, please implement. Problems encountered in the implementation, please report to the "Three Old Offices" of Radial City and Yuncheng District Government.

Yunfu Municipal People's Government Office

20 13 1 1.5

Article 1 In order to standardize the expropriation (demolition) and compensation of houses in urban "three old" reconstruction, safeguard the public interests and protect the legitimate rights and interests of the expropriated people, according to the Regulations on Expropriation and Compensation of Houses on State-owned Land (the State Council Order No.590) and the Notice of the General Office of the Commission for Discipline Inspection and the General Office of the Ministry of Supervision on Strengthening Supervision and Inspection to Further Regulate the Land Expropriation and Demolition (CPC Central Commission for Discipline Inspection Office [2000])

Article 2 These Measures shall apply to the compensation for house expropriation (demolition) and resettlement of the "three old" reconstruction projects in urban areas.

Article 3 The work of house expropriation (demolition) and compensation shall follow the principles of democratic decision-making, due process, fair compensation and open results.

Fourth city "three old" office is the competent department of the city's "three old" transformation work, responsible for the business guidance, supervision and management of urban housing expropriation (demolition) resettlement compensation.

Yuncheng District Government is responsible for urban housing expropriation (demolition) and compensation. The office of house expropriation on state-owned land in the district is responsible for organizing the implementation of house expropriation (demolition) and compensation.

City, district development and reform, housing construction, land planning, public security, industry and commerce, supervision and other relevant administrative departments shall implement these measures in accordance with their duties.

Street offices and Town People's governments where houses are expropriated shall cooperate with the related work of house expropriation (demolition).

Article 5 Within the scope of house expropriation (demolition) of the "three old" renovation project, the project development unit shall organize to consult the will of the expropriated person: the expropriation (demolition) of houses on state-owned land must be approved by more than 90% of the expropriated person; The expropriation (demolition) of houses on rural collective land must be approved by more than 2/3 members of the villagers' meeting or more than 2/3 villagers' representatives.

Sixth "three old" renovation project development units must draw up housing expropriation (demolition) resettlement compensation scheme, submitted to the Yuncheng District Government for approval. Housing expropriation (demolition) resettlement compensation scheme shall include the following main contents:

(a) the legal basis for house expropriation (demolition) and compensation;

(two) the purpose of house expropriation (demolition);

(three) the scope of house expropriation (demolition);

(four) the method of determining the type and construction area of the house to be expropriated;

(five) housing expropriation (demolition) compensation methods, standards and calculation methods;

(six) relocation subsidies, temporary resettlement subsidies and reward standards;

(seven) compensation standards for losses caused by the expropriation of houses;

(eight) the basic situation and selection method of the house for property rights exchange;

(nine) the choice of housing expropriation (demolition) assessment agencies;

(ten) the signing period of housing expropriation (demolition) compensation;

(eleven) relocation period and relocation transition mode and transition period;

(12) Other matters.

Seventh Yuncheng District Government shall organize relevant departments to demonstrate the compensation scheme for house expropriation (demolition). After the demonstration of the resettlement compensation scheme for expropriation (demolition), the Yuncheng District Government shall solicit opinions from the public for a period of not less than 30 days. The Yuncheng District Government shall promptly announce to the public the situation of soliciting opinions and modifying according to public opinions.

Because of the need to expropriate houses due to the transformation of the old city, most expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, and the Yuncheng District Government shall organize a hearing attended by expropriated people and public representatives, and modify the scheme according to the hearing.

Article 8 Before the Yuncheng District Government makes a decision on house expropriation, it shall conduct social stability risk assessment in accordance with relevant regulations; If the decision on house expropriation involves a large number of people to be expropriated, it shall be discussed and decided by the executive meeting of Yuncheng District Government.

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.

Article 9 According to the will of the expropriated person on the "three old" transformation and the opinions on the project "Compensation Scheme for House Expropriation (Demolition)", the Yuncheng District Government shall make a decision on house expropriation (Demolition) and make a timely announcement, which shall specify the compensation scheme for house expropriation (Demolition), administrative reconsideration, administrative litigation rights and other matters. At the same time, do a good job in the publicity and explanation of housing expropriation (demolition) resettlement compensation.

Article 10 After the scope of house expropriation is determined, no unit or individual may build, expand, rebuild or decorate houses and their ancillary facilities. Within the scope of house expropriation (demolition); Shall not change the nature and use of houses and land; Don't rush to build, sow or build. In violation of the provisions of the implementation, no compensation.

The house expropriation department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension of relevant formalities shall specify the suspension period, and the longest suspension period shall not exceed 1 year. The relevant departments shall, according to their functions and powers, stop handling the following matters or construction activities within the scope of collection:

(a) the approval of new construction, expansion and renovation of housing;

(2) Changing the use of houses and land;

(three) the industrial and commercial registration procedures with the expropriated house as the registered address;

(four) the division, transfer (except inheritance, bequest and judicial decision), lease and mortgage of the house;

(five) the construction of houses that have obtained the construction approval documents according to law but have not yet been completed continues;

(six) the account and account management, except for marriage, childbirth, returning to China, demobilized soldiers, college graduates account migration, released from prison, lifting the reeducation through labor and other reasons.

Eleventh housing expropriation (demolition) units to develop the "project housing expropriation and resettlement compensation program", monetary compensation, property rights exchange and housing decoration compensation for the expropriated houses, in principle, in the following ways.

(1) monetary compensation. Compensation for the value of the expropriated house shall be made by the project development unit according to the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision, and the value of the expropriated house shall be assessed and determined by a real estate price assessment agency with corresponding qualifications according to the house expropriation assessment method.

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 review results, you may apply to the real estate price evaluation expert Committee for appraisal.

Real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection.

(2) Property right transaction. According to the different situations of the expropriated (demolished) houses, the project development unit shall not exceed the following standards in principle:

1. For commercial housing, housing reform housing and fund-raising housing, the original property rights are moved according to the ratio of 1: 1, and the property rights in different places are moved according to the ratio of 1: 1.3.

2 for a single private building, according to the different situations of the built building, in principle, it should be replaced according to the following proportions:

(1) The first floor will be relocated according to the construction area of 1: 1.6;

(2) After the two-story building is completed, it shall be demolished according to the construction area of 1: 1.3;

(3) When a three-story building is built, it shall be demolished according to the proportion of building area 1: 1.2;

(4) When a four-story building is built, it shall be relocated according to the construction area of 1: 1. 1;

(5) Buildings with more than four floors shall be demolished according to the construction area of 1: 1.

(three) housing decoration, decoration, decoration, fruit tree young crops compensation. According to the different conditions of the houses to be expropriated (demolished) for the project, in principle, the compensation standards for house decoration, decoration, decoration and young crops of fruit trees in the current land acquisition and demolition and house expropriation documents of the municipal and district governments shall be implemented, and the fluctuation shall not exceed 20%.

Twelfth housing levy departments should establish housing levy (demolition) resettlement compensation files, and in the housing levy (demolition) within the scope of publicity to the relevant collectors.

Article 13 If the staff of the municipal and district administrative departments and the house expropriation (demolition) departments fail to perform their duties in the house expropriation (demolition) and compensation work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, they shall be ordered to make corrections by their units or the competent department at a higher level, 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 given disciplinary sanctions according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Fourteenth the use of violence, threats and other methods to hinder the housing expropriation (demolition) and compensation work in accordance with the law, in violation of public security management, public security management punishment shall be given according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifteenth corruption, misappropriation, dividing, interception, arrears in the collection of 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; The directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 16 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.

Seventeenth the implementation measures shall come into force as of the date of issuance and shall be valid for 5 years.

Disclosure method: disclosure upon application.

Cc: ministries and commissions of the Municipal Party Committee, Municipal People's Congress, CPPCC, Municipal Commission for Discipline Inspection, Yunfu Army.

District, city intermediate people's court, city procuratorate, provincial units in Yunfu, people

Organizations and news agencies.

Yunfu Municipal People's Government Office released on 20 13 1 1.5;