Liupanshui government office letter [2015] No. 91

City People's Government Office on the issuance of Liupanshui City shantytown renovation implementation rules (provisional) notice

The people's governments of the counties, special districts, districts, the management committee of the economic development zones, the municipal people's government departments, departments and subordinate agencies, the central and provincial administrative enterprises and institutions in the city:

"Liupanshui City shantytown transformation implementation rules (provisional)" has been agreed by the Municipal People's Government, is issued to you, please follow.

August 12, 2015

(This document is publicly released)

Liupanshui City Shantytown Renovation Implementing Rules (Interim)

Chapter I General Provisions

Article 1 In order to better promote the city's shantytown renovation, solve the housing difficulties of low-income families in cities and towns, improve the living environment, improve the function of the service, improve the city's taste and promote the Ecological civilization city construction, according to the "State Council on accelerating the transformation of shantytowns views" (Guofa [2013] No. 25), "Ministry of Finance, State Administration of Taxation on the transformation of shantytowns on the notice of tax policy" (Cai Shui [2013] No. 101), "Ministry of Finance, Housing

Ministry of Housing and Urban-Rural Development on the issuance of the "central financial urban guaranteed security housing project special fund management measures The notice "(Caixuan [2014] No. 14)," "General Office of the Provincial People's Government on Further Strengthening the Construction and Management of Urban Guaranteed Housing Projects" (Qianfu Banfa [2013] No. 39), "General Office of the Provincial People's Government on the Implementation of Accelerating Shantytown Renovation" (Qianfu Banfa [2014] No. 16) and other relevant provisions, combined with the city's actual development of the implementation of these rules. .

Article 2 shantytown renovation includes urban shantytowns (dilapidated buildings), state-owned industrial and mining shantytowns, state-owned forestry dilapidated buildings, state-owned reclamation dilapidated buildings, centralized decentralized local coal mine shantytowns, railroad shantytown renovation.

Urban shantytowns (dilapidated buildings) transformation, refers to the urban planning area within the scope of the simple structure of more houses, building density, the use of a long time, poor housing quality, building safety hazards, the use of imperfect functionality, supporting the transformation of infrastructure is not sound area.

State-owned industrial and mining shantytown renovation, refers to the improvement of people's livelihood, to promote the coordinated economic and social development of the state-owned industrial and mining shantytowns to implement the overall coordination of infrastructure and housing renovation work. For the original workers and residents living in them to improve their living conditions by building new housing in kind.

State-owned forest farms dilapidated housing reconstruction, refers to the State Forestry Administration in the record of the State-owned forest farms in the mud and grass, board with mud, dry barriers, adobe houses and other simple houses, in line with the "Dangerous House Identification Standards" (JGJ125-99) C, D level of dangerous houses; built more than 30 years of housing and the basic function of the unsound housing reconstruction, in order to improve the living conditions of employees.

State-owned dilapidated housing reconstruction in reclamation areas refers to the reconstruction of dilapidated houses in reclamation areas that are seriously damaged, more than 40 years old, adobe, mud and grass structures, with incomplete infrastructure facilities or failing to meet the required standards, and with serious safety hazards, as well as the reconstruction of dilapidated houses in reclamation areas in which dilapidated bungalows are concentrated and linked together, and the area of which is more than 50% in order to improve the living conditions of the workers.

Central decentralized local coal mine shantytown renovation, refers to the original central ministry of the coal mining enterprises housing supporting infrastructure renovation.

Railway shantytown renovation, is an important part of the urban security housing project, unified into the urban and state-owned industrial and mining shantytown renovation scope.

Article 3 Liupanshui City, urban planning area within the scope of urban and state-owned industrial and mining shantytown transformation of the implementation of the rules.

Article IV shantytown renovation should be based on national economic and social development planning, urban master planning, land use planning, land reserve planning, special planning for human defense projects, environmental protection planning and other planning, combined with the transformation of the old city, the administrative department of the planning organization to prepare a special plan for shantytown renovation, in accordance with the statutory procedures for approval and implementation.

Article 5 The transformation of shantytowns should adhere to the "government-led, market-oriented, people-oriented, safeguard people's livelihood, unified planning, step-by-step implementation, integrated layout, optimization of space, integrated development, supporting the construction, improve the function of the overall balance," the principle of "first resettlement, after the transformation.

Article VI shantytown renovation in accordance with the city co-ordination, county (SAR, district, economic development zone) is responsible for the principle of construction.

Article 7 According to the special planning for shantytown renovation, the city shantytown renovation office (hereinafter referred to as the city shantytown renovation office) to lead the development of the city's shantytown annual renovation plan; counties (special districts, districts, economic development zones) shantytown renovation projects should be included in the city's renovation plan, the annual renovation plan for the approval of the Municipal People's Government after the implementation.

The city shantytown reform office is responsible for coordinating the relevant municipal departments to do a good job related to shantytown transformation; according to the shantytown transformation plan to guide, check and evaluate the counties (special zones, districts, economic development zones) shantytown transformation work. At the same time, by the municipal shantytown renovation headquarters office on a regular basis or from time to time to coordinate and solve the shantytown renovation process difficulties and problems.

Article VIII of the shantytown renovation project in accordance with the principle of territorial management, the county (special zones, districts, economic development zones) People's Government (Management Committee) as the shantytown renovation of the responsibility of the main body and implementation of the main body.

Chapter II transformation goals and mode of operation

Article IX downtown urban shantytown renovation project land into the city land resources reserve trading center reserves, to determine the specific implementation of public bidding. Liuzhi Special Zone, Pan County shantytown renovation project is implemented accordingly.

2014-2017, the gradual completion of the city's shantytown renovation plan, 2016 downtown urban areas to complete the shantytown renovation tasks, 2017 Liuzhi Special Zone, Pan County to complete the shantytown renovation tasks.

Article 10 of the shantytown transformation to take "government-led, market operation" transformation, encourage state-owned enterprises to participate in the shantytown transformation of the first level of land consolidation, to support the strength of the credibility of enterprises involved in shantytown transformation.

Article 11 of the shantytown renovation project with market-oriented operating conditions, to the county (special districts, districts, economic development zones) People's Government (Management Committee) as the main body, to take investment and other market operation, to determine the specific implementation of the unit of public bidding for the first level of development of the land, and in accordance with the provisions of the secondary market of the land to carry out the "bidding, auctioning and hanging".

The low-income housing difficulties of more families, do not have the conditions of market operation, but there are funds to support the ability of the state-owned large and medium-sized industrial and mining enterprises shantytown renovation projects, in line with the city's overall planning, the premise of the general plan for land use, approved by the Municipal People's Government, the enterprise can be used by the enterprise to use their own land, mobilize the enthusiasm of the enterprise employees, a reasonable assumption of the resettlement of the construction of housing funds, participation in the transformation of the building.

For other shantytown renovation projects that do not have the conditions for market operation, the people's government of the county (SAR, district, economic development zone) (management committee) is responsible for organizing the construction of resettlement housing and sheltered housing to improve the housing conditions of the people in the shantytowns, approved by the Municipal People's Government, the municipal government may give appropriate subsidies; or approved by the Municipal People's Government, with the city center city limits of the other development of value of a better Plots bundled in accordance with the procedures for the implementation of the development of the main unified implementation.

Chapter III Policy Support

Article 12 The city and county levels of development and reform, land resources, housing and urban and rural construction, environmental protection and other departments to *** with the establishment of shantytown renovation project administrative approval fast track, take joint office and other ways to simplify the approval process, improve efficiency, improve service, the project in line with the provisions of the project, the completion of the project within a period of time, planning permission, land use, construction permits and other administrative procedures. The project is in line with the provisions of the project, the deadline for the completion of the project, planning permission, land use, construction permits and other approval procedures.

Article XIII of the city and county planning departments should be timely, in conjunction with the land and resources departments, strictly based on the approved detailed planning of the control, to determine the shantytown renovation area of all the proposed supply of land planning and design conditions. Involving supporting facilities for the elderly, science, education, culture and health facilities, should also specify the type of facilities, proportion, area, facility conditions, and the completion of the delivery of the government or the government acquisition of the conditions and other requirements, as a condition of land supply.

Article XIV approved by the Municipal People's Government to implement the shantytown renovation project, the construction of land into the local annual land use plan, the annual land reserve plan and the land supply plan priority arrangements should be guaranteed as much as possible, to simplify the administrative approval process. Shantytown renovation resettlement housing involved in public **** rental housing construction projects and other non-profit infrastructure and public utilities facilities land can be allocated through land supply. Shantytown renovation resettlement community supporting commercial, service industry and other operational facilities in the land is not suitable for separate "bidding, auction, hanging" method of land supply, can be in accordance with the market price through the agreement to transfer the land in accordance with the law, the proceeds of the land transfer according to the provisions of the county (special districts, districts) retained portion of a variety of special funds, all of which are used to ensure the security of the Housing non-operational cultural and sports facilities construction.

Article 15 of the shantytown renovation project land grant price paid in accordance with the provisions. The concession in accordance with national and provincial regulations, deducting the accrual part of the city, county (special zones, districts, economic development zones) two levels of financial retention of part of the shantytown renovation as a special fund, by the city, county (special zones, districts, economic development zones) financial budget arrangements.

Article 16 of the shantytown renovation projects in line with the provisions of the exemption of urban infrastructure support fees and other administrative fees and government funds.

Communications, water supply, gas (heating), radio and television networks and municipal utilities to support the shantytown renovation projects, appropriate reduction or exemption of operating charges, no longer charge the network, pipe network capacity charges; enterprises involved in the government unified organization of shantytown renovation expenditures, in line with the prescribed conditions, allowed in the enterprise income tax deduction.

Article 17 The relevant tax incentives in accordance with Cai Shui [2013] No. 101.

Article 18 The specific number of units to be resettled and returned by expropriation in a shantytown renovation project shall be subject to the agreements signed between the people's governments at each county level and the expropriated households.

The development and construction unit holding the city or county-level people's government approved the agreement by the unit to implement the shantytown renovation of the documents, before the land and resources, housing and urban-rural construction, taxation and related municipal utilities and other units for the enjoyment of the shantytown renovation policy to support the relevant procedures.

Chapter IV Land Acquisition and Resettlement Compensation

Article 19 of the shantytown renovation project involves collective land to be converted to state-owned construction land, the implementation of the main body should be timely to the land and resources departments to apply for land and declare in accordance with the procedures, the land and resources departments should be prioritized to arrange for the annual land use plan for the transfer of agricultural land and land acquisition procedures.

Article 20 The housing expropriation and land acquisition compensation work involved in the shantytown renovation project shall be organized and implemented by the people's government of the county in which the project is located (special districts, districts, economic development zones) in accordance with the relevant laws and regulations.

Article 21 The shantytown renovation project should be located near the first construction or acquisition of resettlement housing, resettlement first, after the transformation.

Article 22 The transformation of shantytowns to take monetary compensation, housing property rights exchange and comprehensive remediation of three ways. House property rights exchange to nearby resettlement, the construction of resettlement houses on the other side, should choose convenient transportation, infrastructure more complete area. Comprehensive remediation should be based on the actual situation with the construction of kitchen, bathroom and other functional rooms, reinforce the main structure of the house, repair the external wall, update and reform the internal old pipeline, and improve the road, water, electricity, gas, public toilets and other municipal infrastructure and community education, medical, cultural and other ancillary service facilities.

For resettlement, the corresponding compensation will be increased or decreased according to the land level difference. In accordance with the principle of proximity, the public rental housing that has been built and not yet allocated can be used for the transitional resettlement of squatters in the transformation of the expropriated people.

Chapter V Project Implementation Guarantee

Article 23 The organization and implementation of the main body of the shantytown renovation program should be filled out in the form of a consultation form or convene a meeting of residents to fully listen to the views of the residents within the scope of the renovation, more than half of the residents believe that the expropriation and compensation program does not comply with the relevant provisions of the counties (special districts, districts, economic development zones) should be organized to renovate the scope of the residents and the public representative convene hearings and revise the expropriation compensation plan according to the hearings. If the hearing is not passed for three consecutive times, the shantytown renovation plan shall be canceled upon approval by the municipal people's government.

Article 24 The transformation of shantytowns to take financial subsidies, bank loans, corporate bonds, land reserve funds, corporate support, mass self-financing, market development and other ways to raise funds through multiple channels.

Actively strive for the central and provincial financial support and credit support from financial institutions. Make full use of the central and provincial shantytown transformation policy, encourage and attract social capital participation.

Financial departments at all levels in strict accordance with the prescribed channels, from the public **** budget, urban maintenance and construction tax, urban utilities surcharge, urban infrastructure support costs and land transfer proceeds to arrange funds to support the transformation of shanty towns, shanty towns transformation subsidies should be earmarked for special purposes, and timely disbursement.

Article 25 The governments at all levels to take the "prize instead of subsidies" to promote shantytown renovation, the implementation of the target responsibility system management, and is responsible for monitoring and evaluation. Timely and full issuance of the central and provincial shantytown renovation "award instead of subsidy" and other policy support funds.

Chapter VI Responsibilities and time frame

Article 26 The relevant departments at all levels and the director of each office (deputy director) according to the division of labor to conscientiously fulfill their responsibilities.

County (SAR, district, economic development zones) People's Government (Management Committee): responsible for shantytown renovation projects within the jurisdiction of the household mapping survey, project declaration, the release of the expropriation notice and expropriation compensation and resettlement program, expropriation compensation and resettlement agreement signed, resettlement housing construction, project packaging, fund-raising and use of funds and management, and investment promotion and other work.

Municipal Land and Resources Bureau: responsible for land ownership investigation and verification, the recovery of land use rights in accordance with the law, the development of land disposal program, carry out land resumption, land supply procedures, simplify the approval process, and timely supply of land in accordance with the law.

Municipal Housing and Urban-Rural Development Bureau: responsible for shantytown renovation construction guidance, strengthen the supervision and management of the quality and safety of shantytown renovation projects, and strive for financial support from the higher levels, with the demolition of illegal structures in accordance with the law.

Municipal Planning Bureau: responsible for organizing the downtown area and guidance (counties, special districts, districts) to prepare shantytown renovation special planning (including resettlement housing construction planning), the development of planning and implementation of safeguard measures, based on the approval of the detailed planning control issued by the project planning design conditions, and timely handling of the project-related planning procedures.

Municipal Finance Bureau: with the relevant departments to strive for financial support from higher levels, timely disbursement of subsidies from higher levels, to assist the owner of the shantytown renovation unit to carry out the financing work, the shantytown renovation funds for the implementation of supervision.

Municipal Development and Reform Commission: lead the various types of shantytown renovation supporting infrastructure construction projects in the central budget funds to declare and strive for; according to the capital construction procedures to do a good job within the purview of the shantytown renovation and supporting infrastructure projects for approval.

Municipal Economic and Information Technology Commission: is responsible for assisting the municipal people's government to authorize the supervision of enterprise shantytown renovation work, supervise and promote the work of state-owned enterprises shantytown renovation. The coordination of shantytown transformation of other state-owned enterprises is the responsibility of the corresponding enterprise authorities.

Municipal Environmental Protection Bureau: responsible for guiding and coordinating the approval of environmental impact assessment documents for shantytown renovation projects.

Municipal Public Security Bureau: responsible for coordinating the investigation and handling of acts of obstruction of official duties.

Municipal Government Finance Office: responsible for cooperating and coordinating with the relevant departments to promote the financing of shantytown transformation.

The People's Republic of China Liupanshui City Central Branch and Liupanshui Banking Supervision Branch: responsible for leading the coordination of financial credit support.

Other departments of the Municipal People's Government: within the scope of their duties to cooperate with the housing expropriation compensation work, the implementation of relevant preferential policies.

Municipal investment and financing platform companies: responsible for assisting the counties, special districts, district people's governments and Zhongshan Economic Development Zone Management Committee to carry out household mapping surveys, resettlement housing construction and other work.

Municipal shantytown transformation command office director: responsible for the overall coordination and promotion of shantytown transformation work.

Municipal shantytown transformation command office deputy director (municipal government in charge of the deputy secretary-general or assume the responsibilities of the deputy secretary-general of the municipal government office of other leaders): is responsible for shantytown transformation of the integrated coordination work.

Municipal shantytown transformation command office deputy director (City Land and Resources Bureau in charge of the person in charge): responsible for shantytown transformation of the land grant, shantytown transformation resettlement housing construction land indexes for the resettlement of land for the construction of land procedures for the coordination of the work.

Municipal shantytown renovation command office deputy director (City Planning Bureau in charge of the person in charge): responsible for shantytown renovation and resettlement housing construction projects, planning red line map, planning design conditions, planning permits and other related planning formalities to coordinate the work.

Municipal shantytown transformation command office deputy director (municipal government financial office in charge of the person in charge): responsible for guiding, coordinating shantytown transformation financing work.

Municipal shantytown renovation headquarters office deputy director (city shantytown reform office responsible person): responsible for shantytown renovation project index declaration, decomposition; on the expropriation of compensation and resettlement agreement signed and resettlement housing construction and other work supervision, inspection, scheduling; lead the organization of the counties, special districts, districts and zhongshan economic development zone shantytown renovation work quarterly and year-end assessment.

Article 27 of the shantytown renovation project to implement "one-stop" service, unified into the municipal people's government service center. The shantytown renovation plan has been included, in line with the relevant provisions and complete information on the project, according to the specified time limit.

Municipal Development and Reform Commission from the date of receipt of shantytown renovation project application information, approval authority at the municipal level, 5 working days to complete the project feasibility study report approval, 6 working days to complete the project preliminary design approval. Approval authority at the provincial level, within 2 working days to complete the preliminary examination and forwarding.

The Municipal Planning Bureau from the date of receipt of application materials for shantytown renovation projects, within 10 working days to complete the planning red line map delineation, planning and design conditions to provide; within 7 working days to complete the land use planning permit, construction project planning permit.

Municipal Land and Resources Bureau from the date of receipt of shantytown renovation project application information, involving the stock of construction land, within 14 working days to complete the land use procedures; involving the new construction land, within 12 working days to complete the preliminary examination of land use procedures, reported to the municipal people's government to review and agree to the people's government at or above the provincial level for approval.

The Municipal Housing and Urban-Rural Development Bureau will complete the formalities of exempting infrastructure support fees and building construction permits within 7 working days from the date of receipt of the application information of the shantytown renovation project.

The Municipal Human Defense Office from the date of receipt of the application materials of the shantytown renovation project, within five working days to complete the procedures for the construction of air-raid basements; in line with the conditions of the construction of easy access, within five working days to complete the approval procedures for the construction of easy access, eligible for exemption from easy access to the construction fee, according to the provisions of the completion of the exemption procedures.

The Municipal Environmental Protection Bureau is responsible for guiding and coordinating the counties, special districts and districts Environmental Protection Bureau from the date of receipt of the application information of the shantytown renovation project, within 14 working days to complete the environmental assessment procedures.

The Municipal Local Taxation Bureau will complete the formalities of exempting, halving, reducing or exempting urban land use tax and stamp duty within 40 working days from the date of receipt of the application information of the shantytown renovation project.

Communications, water supply, gas supply (heating), radio and television networks and municipal utilities from the date of receipt of application materials for shantytown redevelopment projects, within 7 working days to complete the relevant work.

Chapter VII Supervision and Evaluation

Article 28 The implementation of shantytown renovation projects should be strictly enforced basic construction procedures and relevant technical standards and specifications, the relevant departments to perform their duties in accordance with the law, supervision in place to ensure project quality and safety.

Article 29 The main body of the implementation of shantytown renovation should be strictly in accordance with the approval of the renovation program to implement the renovation; implementation of the renovation process needs to be changed, shall be submitted for approval in accordance with the original procedures;

Not according to the approval of the implementation of the renovation program, by the relevant departments according to law.

Article 30 of the shantytown renovation project in the implementation of civil disputes, by the county (special zones, districts, economic development zones) the relevant departments to coordinate the handling of the coordinated handling of disputes still can not be resolved, the parties concerned can be sued to the People's Court or in accordance with the agreement to submit to the Arbitration Commission arbitration.

Article 31 The relevant departments of the counties (SARs, districts, economic development zones) to increase the disposal of illegal construction activities, to eliminate new illegal construction activities. The proposed implementation of shantytown renovation projects, to immediately control the status quo of the areas involved, and clear responsibilities, strict rewards and punishments to control illegal construction behavior. Enterprises and public institutions are strictly prohibited to borrow shantytown renovation policy to build welfare housing, strictly prohibited in the name of shantytown renovation of new construction, relocation, alteration and expansion, acquisition and maintenance of government buildings, to prevent the construction of shantytown renovation of the opportunity to build a large plaza, a large road, and other image projects. Due to illegal construction seriously affect the construction of the project, according to the provisions and procedures of accountability.

Article 32 The management and staff of shantytown renovation shall conscientiously fulfill their duties. Abuse of power, dereliction of duty, favoritism, dereliction of duty and malfeasance of units and personnel, by their units or higher authorities in accordance with the law; suspected of committing a crime, transferred to the judicial organs in accordance with the law; to the parties concerned to cause losses, be compensated in accordance with the law.

Article 33 of the shantytown renovation work into the municipal people's government major supervisory supervision matters, in strict accordance with the "Office of the Municipal People's Government on the issuance of the People's Government of Liupanshui City People's Government Supervision and Inspection of the work of the Interim Measures notice" (Liupanshui government office issued [2014] No. 23) to strengthen the supervision. The implementation of the work is not implemented, the measures are not in place of the implementation of the main body to start the accountability process, to pursue the responsibility of the relevant responsible person.

Chapter VIII Supplementary Provisions

Article 34 The implementation of the rules by the Municipal Housing and Urban-Rural Development Bureau is responsible for interpretation.

Article 35 These Implementing Rules shall come into force 30 days after the date of publication, and at the same time, the "Municipal People's Government on vigorously promoting shantytown renovation work" (Municipal Government [2012] No. 5) shall be repealed. Previously inconsistent with the implementation of the rules, the implementation of the rules shall prevail.