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Decision of Tieling Municipal People's Government on Amending the Measures for Expropriation and Compensation of Houses on State-owned Land in Tieling City (2117)

1. One of the main responsibilities in Article 3 is added as Item 11, which reads: "(11) To be responsible for the training and assessment of laws, regulations and related knowledge for the personnel engaged in house expropriation in the whole city." 2. One paragraph is added to Article 7, which reads: "The relevant departments shall issue relevant certification documents: (1) The development and reform department shall issue certification documents that the project conforms to the national economic and social development plan; (two) the land and resources department shall issue a certificate that the project conforms to the overall land use planning; (three) the planning department shall issue a certificate that the project conforms to the urban and rural planning, and delimit the scope of the red line; (4) Other relevant materials that need to be issued. " Third, the first paragraph of Article 11 is amended as: "Before the Municipal People's Government makes a decision on house expropriation, it shall conduct a social stability risk assessment in accordance with the relevant provisions, and the results of the social stability risk assessment shall be audited by the Municipal Stability Office; If the house expropriation decision involves more than 511 households, it shall be discussed and decided by the municipal government executive meeting. " 4. One paragraph is added to Article 13, which reads: "The community residents' committee within the scope of house expropriation may organize representatives of the expropriated person and the public housing tenant to form a house expropriation supervision organization, reflect opinions and suggestions on house expropriation to the house expropriation department, and supervise the house expropriation activities." 5. One item is added to Article 14 as Item 8, which reads: "(8) Other acts that may lead to improper increase of compensation expenses." One paragraph is added, which reads: "If the relevant department violates the provisions of this article, it shall cancel the relevant procedures according to law. Compensation expenses improperly increased due to the violation of the provisions of this article by units, individuals or relevant departments within the scope of house expropriation shall not be compensated. " VI. Paragraph 1 of Article 16 is amended as: "The determination of the building area and the use of the house to be expropriated shall be based on the area and use marked in the house ownership certificate issued by the house registration agency. If the house expropriation department needs to obtain the property rights information of the expropriated house, it shall be provided by the Municipal Bureau of Land and Resources. " 7. Paragraph 1 of Article 18 is amended as: "If the right to use state-owned land is reclaimed by expropriation of houses, the compensation category and standard shall be determined according to the state-owned land level designated by the municipal land and resources department for the right to use state-owned land outside the expropriated house and using state-owned land for production and operation, and appropriate compensation shall be given. (Applicable to bungalows, enterprises and institutions) VIII. Amend the second paragraph of Article 19 to read: "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 the department determined by the municipal government shall provide the house for the property rights exchange." Nine, the second paragraph of article twenty-first is amended as: "the value of the interior decoration of the expropriated house, the relocation expenses of machinery, equipment and materials, etc., shall be determined by the expropriated parties through consultation; If the negotiation fails, an assessment agency with corresponding qualifications may be entrusted to determine through assessment. " Ten, the twenty-second is amended as: "the city housing levy department shall publish the list of real estate price assessment agencies to the public for the expropriated person to choose. The real estate price appraisal institution shall be selected by the expropriated person through consultation within the specified time; If negotiation fails within the specified time, the house expropriation department shall organize the expropriated person to vote according to the principle that the minority is subordinate to the majority. If it is uncertain, the house expropriation department shall, jointly with the street and community organization where the project is located, participate in the random determination by means of lottery and lottery. Random determination shall be notarized by a notary office. " 11. One item is added to Article 26 as the third item, which reads: "(3) Enterprises, institutions and production and processing units (which have obtained industrial and commercial business licenses according to law before collection, are in business at the time of collection, and pay taxes according to law) can also voluntarily choose to calculate the loss of production or business suspension in the following ways: the annual loss of production or business suspension includes personnel salaries (payment vouchers for employees participating in social labor insurance) and contract losses of enterprises (providing payment vouchers for signing contracts according to the average profit rate of their respective industries, Calculated after deducting 25% corporate income tax) and operating loss (calculated after deducting 25% corporate income tax according to the average value of three-year tax bills combined with the average profit rate of the industry). " 12. One article is added as Article 42: "Where these Measures stipulate the announcement, announcement and publicity of relevant matters within the scope of the proposed expropriation or within the scope of the expropriation, information distribution, information posting, information inquiry and other ways that are convenient for the expropriated person and other interested parties to know; If posting is adopted, the posting period shall not be less than five days. " 13. One article is added as Article 43: "The ways to serve the expropriated materials are: direct service, retained service, entrusted service, mail service, forwarding service and public announcement service." Fourteen, the original forty-second as forty-fourth, forty-third as forty-fifth. Fifteen, the first paragraph of article forty-fifth is amended as: "These Measures shall come into force as of August 1, 2117. Projects that have obtained housing demolition permits according to law before the implementation of the Regulations on Expropriation and Compensation of Houses on State-owned Land will continue to be handled in accordance with the original regulations, but the government may not instruct relevant departments to forcibly remove them. " The second paragraph is amended as "These Measures shall be valid for five years."