Recently, the Dongguan Municipal People's Government issued the Measures for Expropriation and Compensation of Houses on State-owned Land in Dongguan (hereinafter referred to as the Measures).

The method indicates that the compensation given to the expropriated person within the scope of the house expropriation decision includes:

1. Compensation for the value of the expropriated house (including the value of decoration and accessories);

2. Compensation for relocation and temporary resettlement caused by house expropriation;

3. Compensation for the loss of production and business suspension caused by the expropriation of houses.

if the house expropriation decision involves more than 311 households (inclusive), it shall be discussed and decided by the executive meeting of the municipal government.

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 other acts that improperly increase compensation fees; In violation of the provisions of the implementation, no compensation.

the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to the real estate on the date of the announcement of the house expropriation decision.

the implementation of house expropriation should be compensated first and then relocated.

In addition, if the expropriated person is forced to move by illegal means such as violence, threat or interruption of water supply, gas supply, power supply and road traffic in violation of regulations, and losses are caused, he shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel who constitute a crime shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law; If it constitutes a violation of public security administration, it shall be punished according to law.

Measures of Dongguan Municipality on Expropriation and Compensation of Houses on State-owned Land

Chapter I General Provisions

Article 1 In order to standardize the activities of expropriation and compensation of houses on state-owned land in this Municipality, safeguard the interests of the public and safeguard the legitimate rights and interests of the owners of houses to be expropriated, this regulation is formulated in accordance with the provisions of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the Law on Evaluation of Houses Expropriation on State-owned Land and other relevant laws and regulations, and combined with the actual situation of this Municipality.

article 2 these measures are applicable to the expropriation of houses owned by units and individuals on state-owned land within the administrative area of this municipality for the needs of public interests, and compensation for the owner of the expropriated house (hereinafter referred to as the expropriated person).

article 3 the principle of democratic decision-making, due process and open results shall be followed in the expropriation and compensation of houses.

article 4

the municipal people's government is responsible for the expropriation and compensation of houses on state-owned land within the administrative area of this municipality. As the house expropriation department, the Municipal Urban Comprehensive Administration Bureau is responsible for organizing the implementation of the house expropriation and compensation on the state-owned land in this Municipality. The town people's government (street office, park management committee) where the project is located, as the implementation unit of house expropriation, is entrusted by the Municipal Urban Comprehensive Management Bureau to undertake the specific work of house expropriation and compensation.

article 5

the municipal development and reform bureau shall, in accordance with relevant regulations, initiate construction projects, expropriation and resettlement projects within the scope of house expropriation. The Municipal Urban and Rural Planning Bureau is responsible for confirming the unregistered construction planning and the nature of the planned land of the land within the scope of expropriation, and confirming the land use within the scope of expropriation and the planned land for resettlement houses according to the requirements of urban and rural planning.

the municipal bureau of land and resources is responsible for guiding the land recovery in the process of house expropriation on state-owned land, and verifying the approved use of land within the scope of recovery. The Municipal Finance Bureau is responsible for reviewing and allocating compensation funds for investment projects that should be undertaken by the municipal finance according to regulations.

the municipal real estate management bureau organized the establishment of an appraisal expert committee to appraise the results of the review made by the real estate price appraisal agency according to the application, and was responsible for handling the relevant real estate rights registration procedures after the municipal people's government made the house expropriation decision to take effect.

the municipal housing and urban-rural development bureau is responsible for the implementation of housing security for those who meet the housing security conditions. Public security, industry and commerce, transportation, environmental protection, culture, education, civil affairs, supervision, letters and visits, power supply, telecommunications and other relevant departments and units shall, in accordance with the division of responsibilities, cooperate with each other to ensure the smooth progress of housing expropriation and compensation.

Article 6

Any organization or individual has the right to report any violation of the provisions of these Measures to the Municipal Bureau of Urban Comprehensive Management and other relevant departments. After receiving the report, the Municipal Urban Comprehensive Management Bureau and other relevant departments shall timely verify and handle the report. The supervisory organ shall strengthen the supervision of the relevant departments, units and their staff involved in the work of house expropriation and compensation.

Chapter II Expropriation Decision and Expropriation Procedure

Article 7

Within the administrative area of this Municipality, if it is really necessary to expropriate houses, the Municipal People's Government shall make a decision on house expropriation, which complies with the provisions of Articles 8 and 9 of the Regulations on Expropriation and Compensation of Houses on State-owned Land.

Article 8

General procedures for house expropriation:

(1) Investigate, measure and register houses within the scope of expropriation, and announce the investigation results to the expropriated persons within the scope of expropriation;

(2) identify and deal with unregistered buildings within the scope of expropriation, and publish the results of investigation, identification and treatment;

(3) to draw up a compensation plan;

(4) to demonstrate the compensation scheme for expropriation and publish it within the scope of expropriation, and solicit public opinions;

(5) to solicit opinions on the expropriation compensation scheme and publish the modification;

(6) conducting social stability risk assessment of house expropriation;

(7) fully allocate the compensation funds for house expropriation to the special account;

(8) make a decision on house expropriation and make an announcement;

(9) Conduct household assessment and deliver the assessment report to the expropriated person;

(11) Carry out house expropriation and sign a house expropriation compensation agreement with the expropriated person.

Article 9

The Municipal Bureau of Urban Comprehensive Management shall draw up a compensation plan and submit it to the Municipal People's Government for examination and approval. The Municipal People's Government shall organize relevant departments to demonstrate the compensation scheme for house expropriation, and publish the compensation scheme for house expropriation within the scope of house expropriation to solicit public opinions. The period for soliciting opinions is not less than 31 days. If the expropriated person needs to submit opinions, it shall be submitted in writing within the time limit for soliciting opinions.

article 11

the municipal people's government will promptly announce the situation of soliciting opinions and making amendments according to public opinions. Because the old city reconstruction needs to expropriate houses, and more than half (including this number) of the expropriated people think that the expropriation compensation scheme does not meet the requirements, the Municipal People's Government shall organize a hearing attended by the expropriated people, public representatives and relevant departments, and revise the scheme according to the hearing.

article 11

before the municipal people's government makes a decision on house expropriation, the municipal comprehensive urban management bureau entrusts the town people's government (street office, park management Committee) where the proposed project is located to conduct social stability risk assessment in conjunction with the competent department of the proposed project and other units in accordance with the relevant provisions, and form a social stability risk assessment report and emergency plan for house expropriation, which will serve as the basis for the municipal government to make a decision on house expropriation. The decision of house expropriation involves more than 311 households (including this number), which shall be discussed and decided by the executive meeting of the municipal government. Before making a decision on house expropriation, the compensation fee shall be fully paid, stored in a special account and earmarked.

Article 12

The Municipal People's Government shall make a decision on house expropriation in a timely manner. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters. City comprehensive management bureau and relevant departments should do a good job in the publicity and explanation of housing expropriation and compensation.

article 13

after the municipal people's government makes the decision of house expropriation effective, the right to use the state-owned land will be recovered at the same time, and the local town people's government (street office, park management Committee) shall cooperate with the real estate registration agency to handle the corresponding real estate registration.

Article 14

The expropriated person shall actively cooperate with the investigation, identification and evaluation of the expropriated house and provide relevant materials in time. If the expropriated person refuses to cooperate, he shall bear the corresponding responsibility.

Article 15

After the scope of house expropriation is determined, it is not allowed to build, expand, rebuild houses or change the use of houses within the scope of house expropriation, and other acts that improperly increase compensation fees; In violation of the provisions of the implementation, no compensation. City comprehensive management bureau 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 longest suspension period shall not exceed 1 years.

chapter iii compensation

article 16

the compensation given to the expropriated person within the scope of the house expropriation decision includes:

(1) compensation for the value of the expropriated house (including the value of decoration and accessories);

(2) compensation for relocation and temporary resettlement caused by house expropriation;

(3) compensation for the loss caused by the expropriation of houses.

Article 17

The nature, use and construction area of a house with registered property rights are generally subject to the records in the certificate of real estate ownership (certificate of real estate ownership) and the house registration book (real estate registration book); If the real estate ownership certificate (real estate ownership certificate) is inconsistent with the housing register (real estate register), unless there is evidence to prove that the register is indeed wrong, the register shall prevail. The Municipal People's Government shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of collection according to law. Compensation shall be given to those buildings that have been recognized as legal and temporary buildings that have not exceeded the approved period; No compensation will be given to the illegal buildings and temporary buildings that exceed the approval period. Before the scope of house expropriation is determined, if the use of the house is changed without the approval of the planning department, the value of the house will be compensated according to the registered use of the real estate ownership certificate (immovable property certificate) and the housing register (real estate register) according to the market evaluation price.

article 18

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 appraised and determined by a real estate price appraisal agency with corresponding qualifications in accordance with the Measures for Appraisal of the Expropriation of Houses on State-owned Land (J.F. [2111] No.77) and other relevant regulations. City comprehensive management bureau regularly announces to the public the list of real estate price assessment agencies with strong business ability, good social reputation and corresponding qualifications. If the expropriated person and the Municipal Urban Comprehensive Management Bureau have any objection to the evaluation results, they may, within 11 days from the date of receiving the evaluation report, apply to the real estate price evaluation agency for re-verification evaluation. If the expropriated person or the Municipal Urban Comprehensive Administration Bureau has any objection to the review result, it may apply to the Municipal Real Estate Price Appraisal Expert Committee for appraisal within 11 days from the date of receiving the review result. Nineteenth real estate price assessment agencies are selected by the expropriated person through consultation. If more than 1/2 (inclusive) of the expropriated person * * * selects an evaluation institution, it shall be deemed that the expropriated person has successfully selected it through negotiation. If the negotiation fails, it shall be determined by the method of shaking beads, and the municipal comprehensive urban management bureau shall be responsible for organizing the implementation. Real estate price assessment agencies shall independently, objectively and impartially carry out the assessment of house expropriation, and no unit or individual may interfere.

Article 21

The expropriated person may choose monetary compensation or exchange of house property rights.

article 21

if the expropriated person chooses to exchange the property rights of the house, the municipal people's government shall provide the house for the property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house for the property rights exchange with the expropriated person. If the expropriated person chooses to exchange the property right of the house in the rebuilt area because of the expropriation of personal residence in the old city reconstruction, he shall provide the house in the rebuilt area or the nearby area.

article 22

if the expropriated person meets the housing security conditions, he may apply for housing security.

Article 23

If the expropriated house is residential, the owner of the expropriated house shall be given subsidies and rewards respectively according to the actual situation:

(1) For the house with a construction area of less than 111 ㎡ (inclusive), the relocation subsidy fee (including temporary resettlement fee, etc.) shall be 21,111 yuan per household; Houses with a construction area of more than 111 ㎡ are given relocation subsidies (including temporary resettlement fees, etc.) of RMB 31,111 per household;

(2) If monetary compensation is selected, if the house expropriation compensation agreement is signed within 15 days from the first day of the signing period determined by the expropriation compensation scheme and the relocation is completed voluntarily, a relocation reward of 5% of the value of the expropriated house will be given; If the house expropriation compensation agreement is signed within 31 days from the first day of the signing period determined by the expropriation compensation scheme and the relocation is completed voluntarily, the relocation reward of 3% of the value of the house to be expropriated will be given; If the house expropriation compensation agreement is signed within 45 days from the first day of the signing period determined by the expropriation compensation scheme and the relocation is completed voluntarily, the relocation reward of 1% of the value of the house to be expropriated will be given. The value of the expropriated house does not include the value of decoration and accessories;

(3) If property rights exchange is selected, the specific incentive measures shall be determined in the compensation plan.

article 24

the compensation for the loss caused by the expropriation of legal houses shall be determined according to factors such as the income before the expropriation and the period of suspension of production and business. In principle, the benefits before the house is expropriated shall be based on the actual monthly average after-tax profit within 1 years before the house expropriation decision is made. If it is impossible to provide proof of tax payment or check the after-tax profit, it shall be calculated according to the average after-tax profit of the same industry in the region or the market rent of similar houses in the previous year. To determine the period of suspension of production and business, if monetary compensation is selected, it shall be 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. The cost of relocation or scrapping of production facilities and equipment in factories and enterprises shall be determined by means of evaluation and review.

article 25

the compensation agreement for house expropriation shall include the compensation method, the amount of compensation and the payment period, the location and area of the house for property right exchange, relocation expenses, temporary resettlement expenses or revolving houses, losses due to suspension of production or business, relocation period, transition mode and transition period, incentives and other matters. After the conclusion of the house expropriation 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 26

If the house expropriation compensation agreement cannot be reached within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unclear and his whereabouts are unknown, the Municipal Urban Comprehensive Management Bureau shall report to the Municipal People's Government to make a decision on house expropriation compensation according to the expropriation compensation scheme in accordance with the national and provincial regulations on house expropriation on state-owned land and these measures, and make an announcement within the scope of house expropriation. The decision on house expropriation compensation shall be fair, including the matters related to the house expropriation compensation agreement stipulated in the first paragraph of Article 25 of these Measures. If the expropriated person refuses to accept the decision on compensation for house expropriation, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

article 27

compensation should be made before relocation. After the Municipal People's Government gives compensation to the expropriated person, the expropriated person shall complete the relocation within the relocation period specified in the house expropriation compensation agreement or the house expropriation compensation decision. No unit or individual may use violence, threats or illegal means such as interrupting water supply, gas supply, power supply and road traffic in violation of regulations to force the expropriated person to move. Prohibit the construction unit from participating in the relocation activities.

Article 28