Ning Fa Zheng [2007] No.61
People's governments of all districts and counties, municipal commissions and bureaus, and units directly under the municipal government:
"Nanjing land acquisition and relocation compensation and resettlement measures" have been approved by the municipal government and are hereby issued to you, please follow them carefully.
Press release issued on 28 February 2007
Measures of Nanjing Municipality on Compensation and Resettlement for Land Requisition and Demolition
Chapter I General Principles
Article 1 In order to strengthen the management of house demolition by land requisition, ensure the smooth progress of construction and protect the legitimate rights and interests of the parties concerned, it is implemented in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Regulations on Land Administration of Jiangsu Province and other relevant laws, regulations and provisions, combined with the Measures of Nanjing Municipality on Compensation and Resettlement for Land Expropriation and Demolition (Ningfa [2004] No.93).
Article 2 These Measures shall apply to the compensation and resettlement for house demolition in Xuanwu District, baixia district, Qinhuai District, jianye district, Gulou District, Xiaguan District, Yuhuatai District and Qixia District (hereinafter referred to as "Eight Districts in the South of the Yangtze River").
These Measures shall apply to the demolition of houses originally built on collective land on the remaining state-owned land, and the houses rebuilt or rebuilt on the original homestead according to law after the demolition, regardless of whether the demolished person receives the state-owned land use certificate and the house property right certificate.
Temporary use of land involving the demolition of farmers' houses shall be carried out in accordance with the provisions of these measures.
Article 3 The term "compensation and resettlement for house demolition due to land acquisition" as mentioned in these Measures refers to the act that the state turns the land collectively owned by farmers into state-owned land for the public interest and the need of implementing the planning, and carries out house demolition due to land acquisition, and gives reasonable compensation and resettlement to the demolished people according to law.
Article 4 The term "house demolition by land requisition" as mentioned in these Measures includes residential house demolition and non-residential house demolition. The demolition of residential houses includes the demolition of residential houses and the demolition of affiliated houses and houses. Non-residential house demolition includes operating house demolition and non-operating house demolition, as well as the demolition of affiliated houses and houses.
Fifth housing demolition compensation and resettlement methods are divided into monetary compensation and unified demolition and construction. The demolition of residential housing monetary compensation, the demolition can buy resettlement housing, property rights exchange. People who have been taken to give up the purchase of resettlement houses and have been notarized can get monetary compensation; Residential housing demolition does not have the conditions to implement monetary compensation, the implementation of unified demolition and construction.
Sixth demolition resettlement housing in principle by the district government in accordance with the principle of "relative proximity", according to the overall urban planning, land use planning and urban construction planning, construction, supply and management; If cross-regional construction is really necessary due to planning, land and other reasons, it must be reported to the municipal government for approval. Relocation and resettlement houses enjoy affordable housing policy. The specific measures for the construction, supply and management of resettlement houses shall be formulated separately by the municipal housing management department.
Seventh demolition and resettlement housing to implement the benchmark price range system. The benchmark price range shall be formulated and published in a timely manner by the Municipal Price Bureau in conjunction with the Municipal Bureau of Land and Resources with reference to the pricing system of affordable housing according to the actual situation in different regions.
The supply benchmark price of the specific demolition resettlement housing project is determined by the district government where the project is located within the benchmark price range of the demolition resettlement housing announced in the preceding paragraph, and reported to the Municipal Price Bureau and the Municipal Bureau of Land and Resources for the record; If it is really necessary to exceed the benchmark price range of demolition and resettlement houses announced in the preceding paragraph, it must be approved by the Municipal Price Bureau and the Municipal Bureau of Land and Resources after preliminary examination.
Before the implementation of the specific demolition project, the local government is responsible for the timely announcement of the benchmark price of the project demolition and resettlement housing to the demolished.
Article 8 Nanjing Municipal Bureau of Land and Resources is the administrative department in charge of compensation and resettlement of land-expropriated houses in this Municipality, and shall supervise and manage the compensation and resettlement of land-expropriated houses in this Municipality.
Nanjing collective land and housing demolition management office is responsible for the daily management of compensation and resettlement of land-expropriated houses in this city, and undertakes matters such as demolition plan review, business training guidance, policy consulting services, demolition dispute coordination, and handling contradictions between letters and visits.
Article 9 Departments and units of construction, planning, real estate, prices, supervision, auditing, letters and visits, public security, publicity, judicial administration, development and reform, administrative law enforcement, labor and social security, rural economy, municipal utilities, civil affairs, industry and commerce, taxation, education, health, commerce, construction, postal services, telecommunications, power supply and relevant sub-district offices shall, according to their respective functions and duties.
Tenth land acquisition housing demolition compensation and resettlement work to implement the territorial responsibility system. The Eighth District Government of Jiangnan is the responsible unit for the compensation and resettlement of the land-expropriated houses in its jurisdiction, responsible for the compensation and resettlement of the land-expropriated houses in its jurisdiction, implementing specific government departments as the demolition implementation units, and undertaking the compensation and resettlement affairs of the land-expropriated houses in its jurisdiction.
Eleventh the establishment of land acquisition housing demolition compensation and resettlement performance appraisal system. The municipal government implements a comprehensive target assessment of the compensation and resettlement work of the district governments for land acquisition and demolition, and the specific assessment work is undertaken by the municipal collective land and housing demolition management office.
Chapter II Demolition Management
Twelfth after the announcement of land acquisition, the relevant departments, units and individuals shall suspend the following matters within the scope of land acquisition (use):
(a) the new batch of homestead and other construction land;
(two) to approve the construction, renovation and expansion of houses;
(3) registered permanent residence or household registration, except for reasons such as marriage, childbirth, returning to China, veterans, reunion with immediate family members with the approval of other provinces and cities, release from prison, and termination of reeducation through labor;
(4) Issuing business licenses for industry and commerce;
(five) to approve the transfer of houses and land;
(6) Changing the use of houses and land.
After the announcement of land acquisition, if the matters listed in this article are handled without authorization, land acquisition and demolition will not be recognized.
Article 13 Due to the requisition of land for construction, it is necessary to implement house demolition, and the demolition implementation unit shall calculate the total cost of demolition in accordance with these measures, and after soliciting the opinions of the demolition and reporting to the municipal collective land house demolition management office for review, sign the Agreement on Handling Demolition Affairs with the demolition, and perform the demolition responsibility in accordance with the agreement.
Fourteenth before the implementation of land acquisition housing demolition, the demolition implementation unit shall submit the land acquisition housing demolition plan to the municipal collective land housing demolition management office for review. After approval, the "Notice of Approval of Nanjing Land Expropriation Housing Demolition Plan" will be published in the streets and villages where the demolished houses are located. The announcement period shall not be less than 7 days, and the demolition shall be carried out in accordance with the approved plan.
Fifteenth units to apply for review of land acquisition housing demolition plan, should provide the following materials:
(a) land requisition (use) approval documents and approved land use scope map;
(two) land acquisition and demolition plan application form and schedule;
(3) A certificate issued by a financial institution that handles deposit business that the demolition implementation unit has specially collected funds of not less than 80% of the total compensation for demolition;
(four) signed with the demolition of the "demolition transaction agreement" and the city collective land housing demolition management office of the total cost of the demolition audit opinion;
(five) the demolition of the original buildings (or renovation, reconstruction) of the remaining state-owned land on the collective land, the need to provide the corresponding land ownership certification materials;
(six) materials for the implementation of the demolition and resettlement housing;
(seven) other materials that need to be submitted.
Sixteenth "Nanjing land acquisition housing demolition plan approval notice" is valid for 4 months. If the demolition is not completed within the specified time, the demolition implementation unit shall apply to the municipal collective land and housing demolition management office for renewal before the date of 10, and the renewal shall not exceed 3 months at a time. After the demolition project, the demolition implementation unit shall report to the municipal collective land and housing demolition management office. No unit or individual may forge, alter or transfer the Notice of Approval of Nanjing Land Acquisition and Demolition Scheme.
Article 17 The demolition implementation unit shall, within 7 working days after receiving the Notice of Approval of Nanjing's Land Expropriation Housing Demolition Scheme, prepay not less than 30% of the total demolition cost to the demolition resettlement housing construction party as the start-up capital for the demolition resettlement housing construction, and sign relevant agreements with the demolition resettlement housing construction party.
Eighteenth demolition units should be taken in accordance with the provisions of these measures on compensation, relocation and other matters signed the "demolition compensation and resettlement agreement".
Nineteenth land acquisition and demolition staff should receive professional training, after passing the examination, the Nanjing collective land and housing demolition management office issued a qualification certificate for land acquisition and demolition, and they can engage in land acquisition and demolition work only after obtaining the qualification.
Chapter III Compensation for Demolition
Twentieth people who have been taken to hold the collective land use certificate of homestead (including the recovered residual state-owned land use certificate, the same below) and the house property certificate (including the construction permit, the same below) shall be compensated according to these measures. The compensation for demolition shall be based on the legal construction area contained in the above two certificates.
There is no collective land use certificate and house property right certificate for homestead, which belongs to illegal construction and will not be compensated.
After the announcement of land requisition, the buildings (structures) under assault construction will not be compensated.
Twenty-first residential housing monetary compensation, demolition compensation by the original housing compensation, housing compensation and location compensation of three parts. Demolition of residential housing accessories, the housing only pay the original compensation fee.
If the original legal residential building area of the demolished person exceeds 220 square meters, only the compensation for the original house will be paid for the excess.
Twenty-second people who have only one house to be demolished (the identification of the house is subject to the land use certificate; If there is no land use certificate, the real estate license shall prevail; Without obtaining the land use certificate and the house property right certificate, it shall be handled in accordance with the relevant provisions), and the monetary compensation obtained is lower than the total price of the lowest demolition and resettlement houses in Xing Tao, and the demolition implementation unit shall make monetary compensation to the demolished people according to the total price of the lowest apartment demolition and resettlement houses in the project calculated at the benchmark price.
Twenty-third residential housing demolition and construction, demolition compensation consists of two parts: the original housing compensation and housing subsidies. On this basis, the demolisher will increase 25% of the total compensation for demolition as the supporting fee for public facilities, which will be used by the sub-district office and earmarked for supporting the construction of public facilities.
If the new homestead built by unified demolition and unified construction uses agricultural land, the demolition person shall also pay the relevant expenses such as handling the procedures for the conversion of agricultural land.
Unified demolition and unified construction of the new homestead household area does not exceed 135 square meters, unified planning and arrangement by the street office, and according to the prescribed procedures for approval of homestead land use procedures.
Twenty-fourth demolition of non residential houses, the land and construction procedures are legal, with the industrial and commercial business license of the property owner, according to the following provisions to give monetary compensation:
(a) the demolition of non-residential housing, demolition compensation consists of two parts: the original housing compensation and location compensation; Demolition of non-residential houses attached to houses, houses only pay compensation for the original houses.
(2) The demolition of schools, hospitals and nursing homes with regional functions shall be calculated as 1.5 times of the compensation standard for non-residential house demolition, and the demolition person shall not be responsible for reconstruction.
(three) the demolition of business premises, the relocation costs of its facilities, the demolition implementation unit in accordance with the demolition compensation fee of 2% compensation; Demolition of non-business premises in the production of housing, the equipment removal, installation and relocation costs, by the demolition implementation unit in accordance with the demolition compensation fee of 8% compensation; Removal of other non-operating housing facilities handling costs, by the demolition implementation unit in accordance with the demolition compensation fee of 4% compensation.
(four) the demolition of non-residential houses caused by the closure, which belongs to the business premises, the demolition implementation unit shall give no more than 8% of the demolition compensation; Belong to the non-operating housing, give no more than 5% of the monetary compensation.
(five) the demolition of non-residential houses, the compensation for the equipment that can not be relocated and reinstalled after the demolition, by the demolition implementation unit in accordance with the replacement price combined into a new calculation, to seek the views of the demolition, reported to the local district government for approval.
(6) If the house is rented by the demolished, the demolition implementation unit will only compensate the demolished, and the compensation for losses caused by the lessee's suspension of business, equipment dismantling, installation and relocation will be paid to the lessee by the demolished.
If the lease agreement between the demolished person and the lessee stipulates compensation for the losses mentioned in the preceding paragraph, it shall be handled by both parties according to the agreement; If there is no lease agreement between the two parties or there is no agreement in the lease agreement, the demolished person and the lessee shall resolve it through consultation according to the actual situation.
Twenty-fifth demolition of individual industrial and commercial households have their own business premises and shops, the demolition must provide land use permits, housing property certificates, industrial and commercial business licenses, according to the following provisions to give compensation:
(a) monetary demolition, such as the land use stated in the land use certificate of the homestead, the demolition compensation shall be paid according to the monetary compensation standard for residential houses, but the original housing compensation shall be calculated at 1.2 times, and no other compensation such as resettlement and payment of operating losses shall be made; For other purposes specified in its land use certificate, it shall be removed according to non-residential houses.
(2) If houses are demolished and built in a unified way, the compensation fee for demolition shall be paid according to the standards for demolition and construction of residential houses. However, the original housing compensation is calculated at 1.2 times, and no other compensation such as business loss will be arranged.
Article 26 In the case of monetary demolition or unified demolition and construction of residential houses, the demolition implementation unit shall pay the relocation fee, transition fee, compensation fee for demolition of telephone, air conditioner, cable TV and other equipment in the original house, gas subsidy for pipeline demolition, and material fee for power expansion. For the renovation of the original house of the demolished person, the demolition implementation unit shall pay the decoration compensation fee.
Twenty-seventh residential housing demolition in advance, the demolition implementation unit shall give incentive fees, the standards and time limit according to the provisions of the municipal government announced at the same time the implementation of urban housing demolition on state-owned land.
The incentive fee for early relocation shall be calculated by the property owner, and the identification of the property owner shall be subject to the land use certificate; If there is no land use certificate, the real estate license shall prevail; If the land use certificate and house property certificate are incomplete, it shall be handled in accordance with relevant regulations.
The demolition of people to buy resettlement housing, the same project in the relocation order to participate in the selection of housing.
Chapter IV Purchase of Demolition and Resettlement Housing
Twenty-eighth residential housing units to buy resettlement housing, the implementation of property rights exchange, the purchase area in accordance with the following provisions:
(1) When the demolisher purchases the resettlement house, the purchase price consists of three parts: the original house compensation, the purchase compensation and the location compensation of the legal construction area of the demolished house. The demolished resettlement house must be purchased within the total purchase price, and other compensation fees and other self-owned funds of the demolished person shall not be used.
(two) each property owner can buy resettlement houses with a maximum area of 220 square meters. The identity of each property owner shall be subject to the land use certificate; If there is no land use certificate, the real estate license shall prevail; If the land use certificate and house property certificate are incomplete, it shall be handled in accordance with relevant regulations.
(3) If it is really necessary to purchase houses outside the area specified in Item (1) of this article due to the demolition of residential houses due to the large population in the same household and the particularly difficult housing, it shall be audited by the demolition implementation unit and reported to the district and municipal demolition resettlement housing management department for approval. The per capita purchase area of each property owner of the house to be demolished shall not exceed 30 square meters, and the total purchase area shall not exceed 220 square meters as stipulated in Item (2) of this article.
The population with the same household registration is the person whose household registration actually existed before the announcement of land acquisition, who actually lived and had no housing in other places. This part of the staff was produced by the demolition unit after obtaining the certificate of the street and village group where the demolition person was located, and was publicized in the village group where the demolition person was located for 5 days. If there is no objection, it can be included in the calculation of population base.
(four) the demolition must meet the conditions stipulated in the first paragraph, the second paragraph and the third paragraph at the same time, and apply for demolition and resettlement housing.
Twenty-ninth residential housing units to buy resettlement housing, the implementation of property rights exchange, the purchase price paid in accordance with the following provisions:
(1) The demolished person shall pay the purchase price according to the benchmark price of the demolished resettlement house, which shall be directly paid by the demolition implementation unit to the demolition resettlement house builder from the demolition compensation of the demolished person. If there is a balance in the compensation for the demolition, it shall be paid to the demolition by the demolition implementation unit.
(two) the price difference between the demolition and resettlement houses caused by the floor and orientation of the house shall be settled with the construction party of the demolition and resettlement houses when choosing the demolition and resettlement houses.
(three) due to housing structure and Xing Tao and other reasons. Three, residents actually buy resettlement housing with a total area of more than the purchasable area, or in accordance with the provisions of Item (3) of Article 28 of these measures, residents are approved to buy beyond the area, should be in accordance with the following standards to pay the purchase price of the part beyond the area:
If the excess area is within 10 square meter (inclusive), the purchase price of the excess area shall be calculated according to the benchmark price of the purchased resettlement house;
If the excess area is more than 10 square meter, all excess areas (including 0- 10 square meter) shall be calculated as 50% higher than the benchmark price of the purchased resettlement house.
Thirtieth residential housing units to buy resettlement housing, the implementation of property rights exchange, the purchase method according to the following provisions:
(1) The demolished person shall provide the demolition compensation and resettlement agreement, the original land use certificate, the house property right certificate and the household registration certificate, truthfully fill in the Purchase Form for Demolition and Resettlement Houses in Nanjing, and report it to the demolition implementation unit for review;
(2) The demolition implementation unit shall strictly examine the purchase materials provided by the demolished person, sign the examination opinions, summarize the details according to the project, attach relevant materials, and report to the district and municipal demolition and resettlement housing management department for examination;
(3) Upon examination by the administrative department of demolition and resettlement houses in the district and city, if it meets the requirements, the Notice of Purchase of Demolition and Resettlement Houses in Nanjing will be issued, and the demolition implementation unit will hand over the demolished person as the house selection certificate. At the same time, the demolition implementation unit shall report to the municipal collective land and housing demolition management office for the record according to the project summary details.
Chapter V Demolition Award
Thirty-first demolition units and residents can not reach an agreement on compensation and resettlement, upon the application of the parties, by the Municipal Bureau of land and resources award. The ruling shall be made within 30 days from the date of accepting the application.
Thirty-second before the award, if the parties have the intention to mediate, the ruling organ shall organize the parties to mediate. After mediation, if the applicant and the respondent reach an agreement on compensation and resettlement for demolition, the ruling organ shall end the ruling; If mediation fails, the adjudication organ shall make a timely ruling. After written notice, if the party concerned refuses to participate in the hearing of the ruling, the ruling organ may rule by default.
Thirty-third if a party refuses to accept the ruling, it may apply to the Municipal People's Government for reconsideration or bring a lawsuit to the people's court according to law, and the execution of the demolition will not be stopped during the reconsideration and litigation.
Article 34 If the demolished person fails to relocate within the relocation period stipulated in the ruling, the district people's government where the house is demolished shall instruct the relevant departments to forcibly relocate, or the demolition implementation unit shall apply to the people's court for compulsory relocation according to law.
Before the implementation of compulsory demolition, the demolition implementation unit shall handle the evidence preservation to the notary office on the relevant matters of the demolished house.
Chapter VI Legal Liability
Thirty-fifth relevant departments and units and their staff to handle the matters listed in article twelfth, by their units or the competent department at a higher level shall be given administrative sanctions; If losses are caused, bear the corresponding liability for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-sixth national staff dereliction of duty, abuse of power, corruption in the implementation of land acquisition and demolition work, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-seventh land acquisition and demolition workers occupy, misappropriate or intercept the compensation for demolition, and shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-eighth any unit or individual shall not obstruct or destroy the land acquisition and demolition work, and shall be punished by law enforcement departments in accordance with the relevant laws and regulations of the state; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 39 If the demolition implementation unit carries out demolition without obtaining the Notice of Approval of Nanjing's Land Expropriation Housing Demolition Scheme, expands the approved scope of demolition without authorization, carries out demolition without authorization beyond the approved period, or fails to make an announcement in accordance with the regulations, the municipal and district land administrative departments shall order it to stop the demolition; The relevant responsible persons shall be given administrative sanctions by their units or higher authorities according to law; If losses are caused, bear the corresponding liability for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth the demolition implementation unit fails to pay the start-up funds for the construction of demolition resettlement houses in time, and if the demolition resettlement house builder fails to build and deliver the demolition resettlement houses according to the agreed requirements, it shall bear corresponding responsibilities.
Forty-first units must be strictly in accordance with the provisions of the demolition compensation and resettlement, and shall not engage in illegal household, false number, deduction of compensation, excessive compensation and other acts. Otherwise, the responsibility of relevant units and individuals shall be investigated; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 42 The demolished person shall not forge or alter the relevant ownership certificate, lie or conceal the relevant data, and impersonate the compensation for over-area demolition. Once verified, the compensation for over-area demolition shall be returned, the resettlement house for over-area shall be cancelled, and relevant responsibilities shall be investigated; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 43 The compensation standards for land acquisition and demolition involved in these Measures shall be implemented by the Municipal Bureau of Land and Resources jointly with the Municipal Bureau of Land and Resources according to the level of economic and social development and in accordance with the Notice of the Municipal Price Bureau and the Municipal Bureau of Land and Resources on Printing and Distributing the Compensation and Resettlement Standards for Land Acquisition and Demolition in Nanjing (No.6/KLOC-0 [2004] of Ningguo Tuzi [2004] No.92).
The supply of resettlement houses for the demolition project is located within the existing highway around the city, and the compensation standard for house purchase in the compensation for residential house demolition is determined according to 70% of the benchmark price of the supply of resettlement houses for the demolition of this project; The supply of resettlement housing for demolition project is located outside the existing ring road, and the compensation standard for house purchase in the compensation for residential house demolition is determined according to 80% of the benchmark price of resettlement housing supply for this project.
The housing compensation fee for unified demolition and unified construction shall be implemented according to the compensation standards for self-demolished and self-built houses of Ningjiafang [2004] No.61and Ningguo Tuzi [2004] No.92.
Forty-fourth workers for land acquisition and demolition of houses, with the certificate issued by the demolition implementation unit, the unit should be given two days off.
Forty-fifth people who have been taken to buy resettlement houses can be exempted from deed tax on the compensation for demolition in the purchase price.
Article 46 Terms involved in these Measures shall be interpreted in accordance with the following provisions:
Demolition means indicating (using) the unit.
Demolition implementation unit refers to the specific departments designated by the district governments to implement land acquisition and demolition.
Demolition refers to the units and individuals that have the ownership of the demolished houses.
Business premises refer to places where customers receive services and directly use them for business activities, including financial, entertainment, catering, service and other places.
Non-business premises refer to other types of premises except business premises, including factories, stations, docks, warehouses, offices, schools, hospitals, welfare homes and public facilities.
Article 47 Before the implementation of these Measures, the Notice of Approval for the Implementation Plan of Land-expropriated House Demolition in Nanjing has been received, and the demolition implementation unit and the demolished person have started to sign the compensation agreement for house demolition, but the projects that have not been completely completed will still be implemented according to the original compensation for land-expropriated house demolition and affordable housing supply policy until completion.
For projects that have received the Notice of Examination and Approval for the Implementation Plan of Land-expropriated Housing Demolition in Nanjing, but the demolition implementation unit and the demolished person have not started to sign the compensation agreement for land-expropriated housing demolition, they need to re-receive the Notice of Examination and Approval for the Implementation Plan of Land-expropriated Housing Demolition in Nanjing, and implement the compensation and resettlement for land-expropriated housing demolition in accordance with these measures.
After the implementation of these measures, the newly implemented land acquisition and demolition projects shall be implemented in accordance with these measures.
Forty-eighth Jiangning District, Pukou District, Liuhe District, Lishui County, Gaochun County, the compensation and resettlement of land-expropriated houses shall be revised by the district (county) people's government in light of local actual conditions and implemented after being approved by the municipal government.
Article 49 These Measures shall come into force as of March 6, 2007. Nanjing Municipal People's Government issued the Measures for Compensation and Resettlement for Land Expropriation and Demolition in Nanjing on April 10, 2004 (Ningfa [2004] No.93), and the relevant provisions on house demolition were abolished at the same time.
Fiftieth approach by the Municipal Bureau of land and resources is responsible for the interpretation of.