Article 1 In order to accelerate the construction of urbanization, standardize the expropriation of collective land housing demolition and relocation compensation activities, and safeguard the legitimate rights and interests of the parties concerned, according to the relevant laws and regulations, combined with the actuality of the city, the formulation of the provisions of this regulation.
Article 2 Where in the city of Shinan District, Shibei District, Sifang District, Licang District, within the scope of the urban village overall transformation, land reserves and other expropriation of collective land and demolition of houses and their ancillary facilities compensation (hereinafter referred to as compensation for expropriation of housing demolition and relocation), shall apply to the provisions of this regulation.
Article 3 Qingdao City, land resources and housing management bureau in charge of the city's expropriation of housing demolition and relocation compensation of administrative management.
Qingdao housing demolition and relocation management office is specifically responsible for the city's Shinan District, Shibei District, Sifang District, Licang District within the scope of the administrative management of land acquisition and housing demolition and relocation compensation.
Construction, planning, agriculture, public security, industry and commerce, pricing and other management departments in accordance with their statutory duties, in cooperation with the relevant management.
Article 4 land acquisition and compensation for house demolition and relocation work, by the demolition and relocation or by its commissioned with the qualifications of house demolition and relocation of demolition and relocation contractors to implement.
Article 5 The compensation for house demolition and relocation of expropriated land (hereinafter referred to as the person to be demolished and relocated) shall be recognized by the collective land construction land use certificate issued in accordance with the law, and the compensation for house demolition and relocation of expropriated land shall be carried out according to the household.
Article 6 housing demolition and relocation compensation for the determination of the building area, issued in accordance with the law of the land title certificate or building approval documents set out in the building area of the house shall prevail.
Article 7 housing demolition compensation can be implemented in the form of monetary compensation, can also be implemented in the form of housing compensation.
Article 8 demolition of residential housing, the implementation of monetary compensation, according to the average sales price of ordinary residential housing in the area of the demolished house and the building area of the house, settlement to the demolition of the demolition compensation. The area where the demolished house is planned non-residential land, in accordance with the Municipal Price Bureau in conjunction with the Municipal Administration of Land Resources and Housing approved the price of residential housing compensation and the floor area of the house to be demolished to the demolition of the settlement of the compensation for the demolition of the people.
Demolition of residential housing, the implementation of monetary compensation, according to the sales price of affordable housing in the area of the demolished house and the floor area of the house multiplied by 0.5 coefficient of the area determined by the amount of the settlement to the demolished housing improvement costs.
Demolition of residential housing, the implementation of housing compensation, shall be settled in accordance with the monetary compensation for demolition of compensation and housing improvement costs of the total amount of housing to provide a comparable housing to the demolished. The price of housing and demolition compensation and housing improvement costs of the total difference in price, the difference should be settled.
Article 9 demolition of non-residential housing, the implementation of monetary compensation, demolition compensation in accordance with the market valuation of the house to be demolished and the building area of the house settlement, demolition compensation is paid in full to the demolished.
Demolition of non-residential housing, the implementation of housing compensation, demolition and relocation in accordance with the monetary compensation settlement of the demolition and relocation compensation for the demolition and relocation of the house to provide a comparable price of the house to the demolished. Housing price and demolition compensation, there is a difference in price, should be settled.
Article 10 of the demolition of illegal structures and overdue temporary buildings, are not compensated.
The demolition of temporary buildings within the approved period, appropriate compensation can be given, but the approval of temporary buildings, except for the provisions of the uncompensated.
Article 11 of the expropriation of land announcement, the demolished person has obtained the approval documents for the construction of the house and the house has been built, the house shall be compensated. Issued a notice of demolition or expropriation of land announcement, the demolished person has obtained the building approval documents but the new house has not yet completed the construction, the demolished person shall immediately stop the construction of the house, the specific amount of compensation can be negotiated by the parties involved in the demolition and relocation of the agreement.
Article 12 of the housing demolition compensation between the parties shall sign a demolition compensation agreement. Demolition and relocation compensation agreement shall contain the following main content: (a) demolition, demolition contractor and the demolished person situation; (b) demolition of housing address, building area; (c) compensation; (d) the implementation of monetary compensation: demolition and relocation of the amount of compensation and housing improvement fee, payment and time; (e) the implementation of the contents of the compensation for housing: compensation for the address of the housing, house number, set type, building area, Delivery time, the price of the compensated housing and the difference in the payment method and time, housing ownership and procedures; (6) relocation time and relocation subsidies, temporary transition subsidies issued; (7) breach of contract and dispute settlement; (8) other agreements.
Article 13 of the housing demolition compensation, the demolition shall be in accordance with the provisions of the one-time payment to the demolished relocation subsidies. Among them, residential housing in accordance with the 400 yuan per household, non-residential housing in accordance with the building area of 30 yuan per square meter.
Article 14 of the demolition of residential housing in accordance with the construction area of 110 yuan per square meter one-time payment to the demolished temporary transition subsidies.
Demolition and relocation of non-residential housing caused by the loss of production and business, the demolished and relocated in accordance with the construction area of 500 yuan per square meter one-time payment of operating subsidies.
The demolished and relocated people who are issued with business subsidies are no longer issued with temporary transition subsidies.
Article 15 The parties in the demolition notice within the period of time failed to sign a consensus agreement on compensation for house demolition, either party may apply to the Qingdao housing demolition and relocation of Qingdao City Office of the Administration of the ruling.
Parties who are not satisfied with the ruling, may within fifteen days from the date of receipt of the ruling to the People's Court. Late prosecution and do not fulfill the ruling, Qingdao Municipal Administration Office of housing demolition and relocation of the people's court according to law to apply for compulsory execution.
Article 16 compensation for expropriation of collective land resettlement subsidies, seedling subsidies and land compensation, in accordance with the relevant provisions of the state and province. Expropriation of collective land compensation program, in accordance with the provisions of the Qingdao Municipal Administration of Land Resources and Housing approved and implemented.
The standard of compensation for house demolition and relocation, should be included in the expropriation of collective land compensation program for public announcement.
Article 17 of the refusal to obstruct the administrative staff in the performance of their official duties, in accordance with the "People's Republic of China *** and the State Administration of Public Security Punishment Ordinance" shall be punished, the public security organs shall be punished according to law; constitutes a crime, shall be investigated for criminal responsibility.
Article 18 of the relevant administrative department staff dereliction of duty, abuse of power, favoritism and malpractice, by their units or higher competent authorities to give administrative sanctions; constitutes a crime, be held criminally responsible.
Article 19 The provisions of this August 1, 2002 shall come into force. Laoshan District, Chengyang District, Huangdao District, with reference to the implementation of these provisions.
Article 19 This provision shall come into force on August 1, 2002.