General provisions of Regulations on Expropriation and Compensation of Houses on State-owned Land
BR/>； In order to regulate the expropriation and compensation activities of houses on state-owned land, safeguard the public interests and the legitimate rights and interests of employees, the regulations on the owners of expropriated houses are formulated. /& gt； Second, in order to meet the needs of public interests, the fair compensation of the owner of the house (hereinafter referred to as the expropriated person) should be deducted from the houses of units and individuals on state-owned land.
House expropriation and compensation should follow the principles of democratic decision-making, due process and results.
City and county people's governments are responsible? House expropriation and compensation.
& gt The county-level government departments (hereinafter referred to as the house expropriation departments) that make decisions on urban house expropriation shall organize the implementation of house expropriation and compensation within their respective administrative areas.
The relevant departments of the municipal and county governments shall, in accordance with the provisions of these regulations and the division of responsibilities of the people's governments, ensure the smooth progress of the house expropriation and compensation work.
The house expropriation department entrusts the house expropriation implementation unit to undertake the house expropriation and compensation work. For the purpose, not for profit, for the housing levy implementation unit.
The house expropriation department is responsible for supervising the house expropriation and compensation for the implementation of the unit house expropriation within the authorized scope, and shall bear legal responsibility for the consequences of its actions.
Article 6 The people's government at a higher level shall strengthen supervision over the house expropriation and compensation work of the people's government at a lower level.
The housing and urban-rural construction department is the housing and urban-rural construction department of the government directly under the people's governments of the State Council and all provinces, autonomous regions and municipalities directly under the Central Government. It should strengthen the house expropriation and demolition work in conjunction with the relevant departments of finance, land and resources at the same level.
Article 3 Organizations and individuals who violate the provisions of these Regulations have the right to report to the people's government, the house expropriation department and other relevant departments. The people's government that received the report gave guidance on the implementation of house expropriation and compensation. Other relevant departments shall promptly verify and handle the report. ,
The supervision department shall strengthen the supervision of the government and relevant departments to participate in the work of house expropriation and compensation or the units and their staff.
Decision on collection BR/> VIII. In order to safeguard national security and promote the public interests of national economic and social development, the people's government of the city or county shall decide to expropriate the house under any of the following circumstances:
(a) the needs of national defense and diplomacy;
(two) to meet the needs of the government, energy, transportation and water conservancy infrastructure construction;
(a) the implementation of government requirements of science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, municipal public facilities and other public utilities;
Building affordable housing projects;
(five) in accordance with the relevant provisions of the Urban and Rural Planning Law on the renovation of dilapidated buildings and the renovation of old urban areas with backward infrastructure, which need to be organized and implemented by the government;
(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 Regulations, the implementation of housing construction activities, affordable housing projects and the transformation of old urban areas that conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning shall be incorporated into the annual plans for national economic and social development of cities and counties.
National economic and social development planning, overall land use planning, urban and rural planning and special planning should solicit public opinions and conduct scientific argumentation.
Article 15 (Application for Expropriation and Compensation Plan) The housing management department is responsible for summarizing the expropriation and compensation plan and reporting it to the municipal and county (city) governments.
The municipal and county governments shall organize relevant departments to demonstrate the compensation scheme and solicit public opinions, and the consultation period shall not be less than 30 days.
Article 1 1 The municipal and county (city) governments shall publish it in a timely manner and according to public opinions.
Need to be levied, because of the transformation of the old city, most of the collection fees and citizen representatives to participate in the hearing, the collection of compensation procedures do not meet the provisions of this Ordinance, by the city and county government organization committee.
12, before the people's government of the city or county makes a decision on house expropriation, it shall discuss the decision on house expropriation involving a large number of people in accordance with the relevant provisions of social stability risk assessment, and it shall be decided by the executive meeting of the government.
Before making a decision on house expropriation, we should fully consider the storage and earmarking of compensation expenses.
Thirteenth municipalities, counties (cities) government made a decision on housing expropriation, it should be announced in a timely manner, and the announcement should specify the compensation plan, administrative reconsideration and administrative litigation rights.
City and county people's governments and housing levy departments should do a good job in the publicity and explanation of housing levy and compensation.
The Law on House Expropriation stipulates that the right to use state-owned land shall be recovered at the same time.
The county (city) government 14 may apply for administrative reconsideration or bring an administrative lawsuit according to law if it refuses to accept the decision on house expropriation.
15. The house expropriation department shall determine the scope, location, use and construction area of the house expropriation. It shall cooperate with the organization of investigation and registration, and the results of the investigation on the ownership of the expropriated house shall be announced. Fines within the scope of house expropriation.
Sixteenth to determine the scope of housing expropriation, it should be implemented within the scope of housing expropriation, new construction, expansion, renovation and housing exchange, as well as improper behavior to increase compensation fees; In violation of the provisions of the implementation, no compensation.
The house expropriation department shall notify the relevant departments in writing from the above matters and suspend the relevant procedures. The written notice of suspension of relevant procedures shall be suspended within the specified time limit. The suspension period shall not exceed 1 year.
Chapter compensation
17 the provisions of the people's governments of cities and counties on compensation that have made a decision on house expropriation include:
(a) Compensation for the value of the house;
(two) housing relocation and temporary resettlement compensation;
(three) losses caused by the suspension of production and business, the collection of housing compensation fees.
The municipal and county governments shall formulate measures for subsidies and incentives, and use the fines for subsidies and incentives.
Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, the city and county governments that have made the decision on housing expropriation should give priority to low-rent housing security. Provinces, autonomous regions and municipalities directly under the central government.
The value of the house to be expropriated shall not be lower than the similar real estate market price of the house to be expropriated as determined by the house expropriation authority on the date of this announcement. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.
When assessing, it is determined that the real estate price assessment agencies that have objections to the value of the houses to be expropriated apply for assessment and review, and the results of the objection review shall be appraised by the real estate price assessment expert committee.
In the process of housing and urban and rural construction decision-making, the the State Council department responsible for formulating the measures for the assessment of housing expropriation shall disclose its opinions.
Twentieth real estate price assessment agencies selected through consultation; If negotiation fails, the development of provinces, autonomous regions and municipalities directly under the Central Government shall be determined by majority decision and random selection.
Real estate price assessment agencies shall conduct house expropriation and assessment independently, objectively and impartially, and no unit or individual may interfere.
Article 2 1, monetary compensation can be levied or property rights can be exchanged.
If the property right exchange is selected, the people's governments of the cities and counties shall provide the right to exchange the property right of the houses, and settle the difference of the house value by exchanging the property right of the houses to be expropriated.
Because of the expropriation of individual houses in the old city, people choose urban expropriation and a large number of property rights exchange, and decide to levy houses. The people's government at the county level shall provide land for reconstruction or land for building nearby.
Twenty-second when the house is relocated, the house expropriation department shall pay the relocation fee to the expropriated person; Choose property rights exchange, property rights exchange of housing delivery, the housing levy department shall pay temporary resettlement fees, or provide revolving housing.
Article 23 compensation for losses caused by suspension of production or business. Houses that have been expropriated according to the previous effect are expropriated, stopped production or the life of the enterprise is determined. Development of provinces, autonomous regions and municipalities directly under the central government.
Twenty-fourth city and county people's governments and their relevant departments should strengthen the supervision and management of construction activities and deal with violations of urban and rural planning and construction according to law.
City and county people's governments shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope prescribed by law before making a decision on house expropriation. Legal buildings and temporary buildings that have not exceeded the approved period shall be compensated; Illegal buildings and temporary buildings exceeding the approved period shall not be compensated.
Twenty-fifth housing expropriation departments in accordance with the provisions of this Ordinance, the compensation method, the amount of compensation and the payment period of the place and area of property rights exchange? Housing, relocation expenses, temporary resettlement expenses or revolving houses, losses due to suspension of production or business, relocation period and transition period, and sign compensation agreements.
After the compensation agreement is reached, if one party fails to perform its obligations under the compensation agreement, the other party may bring a lawsuit according to law.
Twenty-sixth house expropriation departments can not reach a compensation agreement in the signing procedure of the decision on expropriation compensation, or the owner of the house is not clear, the house expropriation department shall report to the city that made the decision on house expropriation. The county people's government shall, in accordance with the provisions of these regulations, make a compensation decision according to the compensation plan for expropriation and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including the compensation agreement for the matters specified in Article 25.
& gt Anyone who refuses to accept the compensation decision may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Twenty-seventh the implementation of housing expropriation should be compensated first, and then moved. BR/>； When the city makes a decision on house expropriation, the county party committee and the county government shall complete the relocation within the relocation period stipulated in the compensation agreement or compensation decision.
It is forbidden for any unit or individual to forcibly expropriate water, heat, gas, electricity and road traffic by violence, threat or illegal interruption in the process of demolition, and participate in the relocation activities.
Article 28 If the expropriated person fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, the compensation decision not to relocate shall be made by the urban house expropriation organ, and the people's government at the county level shall apply to the court for compulsory execution within the statutory time limit decided by the government.
The application for compulsory execution shall be accompanied by the amount of compensation and the explanatory materials of the location and area of the special account, the property right exchange house and the revolving house.
Twenty-ninth house expropriation departments shall establish compensation files for house expropriation, and announce the compensation provisions for families within the scope of house expropriation.
Audit institutions shall strengthen supervision over the management and use of compensation, and publish the audit results.
Chapter X Legal Liability
Thirtieth city, county people's government or the house expropriation department staff in the house expropriation and compensation work, do not perform the duties stipulated in these regulations or abuse of power, by the higher people's court or the people's government shall be ordered to make corrections, informed criticism. Losses, shall be liable for compensation; The directly responsible person in charge and other directly responsible personnel shall be punished, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 3 1 Anyone who forcibly interrupts the passage of water, heat, gas, electricity and roads by violence, threat or illegal means, and who violates the regulations and causes losses by expropriation or demolition, shall be subject to? The law should be liable for compensation; 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 given administrative punishment.
Thirty-second by violence, threats and other means to obstruct the housing expropriation and compensation, which constitutes a crime according to law, shall be investigated for criminal responsibility according to law; If it constitutes a violation of public security administration, it shall be given administrative punishment.
Thirty-third responsible units of corruption, misappropriation, interception, arrears of levy compensation fees, given to informed criticism, ordered to make corrections within a time limit, the deadline to recover the money, return the illegal income; Losses and 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.
If a real estate appraisal institution or appraiser issues a false or grossly wrong appraisal report, the issuing authority shall order it to make corrections within a time limit, give it a warning, impose a fine of less than 5 million yuan on the real estate appraisal institution, impose a fine of 6,543,800 yuan on the real estate appraiser, and deduct the credit file. If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; Losses, shall be liable for compensation, constitute a crime, shall be investigated for criminal responsibility according to law.
& gt Chapter V Supplementary Provisions
Article 35 These Regulations shall come into force as of the date of promulgation. On June 3rd, 20001year, the Regulations on the Management of Urban House Demolition promulgated by the State Council was abolished at the same time. Before the mandatory implementation of these regulations, if the project has obtained the house demolition permit according to law, it will continue to be handled in accordance with the original provisions, but the government shall not instruct the relevant departments to forcibly expel it.