The Interim Measures for the Expropriation and Compensation of Houses on State-owned Land in Tonghua City have been adopted at the 1 executive meeting of the municipal government on February 6, 20/2, and are hereby promulgated and shall come into force as of the date of promulgation.

Mayor of Tian Yulin

201March 214th

Interim Measures of Tonghua Municipality on Expropriation and Compensation of Houses on State-owned Land

Chapter I General Principles

Article 1 In order to regulate the expropriation and compensation activities of houses on state-owned land in our city, safeguard public interests and protect the legitimate rights and interests of the owners of houses to be expropriated, these measures are formulated in accordance with the People's Republic of China (PRC) Property Law, the People's Republic of China (PRC) Urban Real Estate Management Law and the the State Council Regulations on Expropriation and Compensation of Houses on State-owned Land, and combined with the actual situation of our city.

Article 2 In order to meet the needs of public interests, the expropriation of houses of units and individuals on state-owned land shall give fair compensation to the owner of the expropriated house (hereinafter referred to as the expropriated person).

Article 3 These Measures shall apply to the expropriation and compensation of houses on state-owned land within the urban area of our city.

Fourth housing expropriation and compensation should follow the principles of democratic decision-making, due process and open results.

Article 5 The municipal government shall be responsible for the house expropriation and compensation within the urban area, and supervise and guide the house expropriation and compensation of the county (city, district) government.

The municipal government may, according to the specific circumstances of the construction project and the expropriated land, determine that the government at the same level or the district government where the expropriated land is located is responsible for the expropriation. The municipal government is responsible for the collection, and the compensation scheme for the collection is demonstrated and published by the municipal government to solicit public opinions. The district government is responsible for the collection, and after the compensation plan is approved by the municipal housing collection office, the district government will organize relevant departments to demonstrate and publish it for public comments.

City housing levy office is the housing levy department determined by the municipal government, responsible for organizing the implementation of housing levy and compensation work within the urban area of this Municipality.

The main responsibilities of the city housing levy office:

(1) Entrusting the implementation unit of house expropriation to undertake the specific work of house expropriation and compensation, and supervising the entrusted house expropriation and compensation;

(two) to draw up a compensation plan and report to the municipal government;

(three) to organize the investigation and registration of the ownership, location, use and construction area of the houses within the scope of expropriation, and publish the results of the investigation;

(four) notify the relevant departments in writing to suspend the construction, expansion, alteration and change of housing use and other related procedures within the scope of housing expropriation;

(five) signed a compensation agreement with the expropriated person;

(VI) If a compensation agreement cannot be reached with the expropriated person or the owner of the expropriated house is uncertain within the signing period determined by the expropriation compensation scheme, it shall be reported to the municipal government to make a compensation decision;

(seven) the establishment of housing expropriation compensation files in accordance with the law, and the household compensation within the scope of housing expropriation shall be announced.

Planning, land resources, development and reform, finance, auditing, supervision, public (housing security), public security, urban management and other departments, neighborhood offices and township (town) governments shall cooperate with each other in accordance with the prescribed division of responsibilities and jointly do a good job in housing expropriation and compensation.

Article 6 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit, and shall not undertake the task of house expropriation by contract.

The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.

Article 7 Personnel engaged in house expropriation and compensation shall be trained in relevant laws, regulations and relevant knowledge, and only after passing the training can they take up their posts with certificates.

Chapter II Collection Decision

Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the municipal and district governments shall make a decision on the expropriation of houses:

(a) the needs of national defense and diplomacy;

(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;

(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;

(four) the needs of the construction of affordable housing projects organized and implemented by the government;

(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;

(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 Measures, if it is really necessary to expropriate houses for all construction activities, it shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning. The construction of affordable housing projects and the transformation of old urban areas should be included in the annual plan for national economic and social development.

City housing levy department shall, according to the national economic and social development plan and annual plan, prepare the city's annual housing levy plan, and report it to the municipal government for approval before implementation.

Tenth housing levy in accordance with the following procedures:

(1) The house expropriation department determines the scope of house expropriation according to the house expropriation plan.

(II) The house expropriation department shall organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of house expropriation, and the competent department of urban and rural planning shall investigate, identify and deal with unregistered buildings within the scope of house expropriation. The survey results are announced to the expropriated person within the scope of house expropriation.

(3) To draw up a compensation plan.

(four) the municipal and district governments shall conduct social stability risk assessment in accordance with the relevant provisions, and draw up a work plan.

(five) the compensation fee for house expropriation shall be deposited in the account designated by the house expropriation department, and the special account shall be stored for special purposes.

(six) the city and district government made a decision on housing expropriation, and announced it to the expropriated person in the form of an announcement within the scope of expropriation.

(7) After the scope of house expropriation is determined, the house expropriation department shall notify the relevant departments in writing to suspend the relevant procedures (the longest suspension period shall not exceed 1 year).

(eight) the housing levy department organizes the collection of compensation and resettlement work.

(nine) the house expropriation department shall organize the implementation of house demolition according to law.

(ten) the establishment of housing expropriation files.

Eleventh after the scope of house expropriation is determined, it is not allowed to build, expand, rebuild houses and change the use of houses within the scope of house expropriation, and so on to increase the compensation fees improperly; In violation of the provisions of the implementation, no compensation.

Article 12 The compensation scheme shall be formulated according to the following procedures:

(a) the housing levy department to develop a compensation plan, reported to the municipal and district government. The compensation scheme for expropriation shall include the scope of expropriation, the time of expropriation, the survey results of expropriated houses, the compensation method, the amount of expropriation compensation, the resettlement place of the houses with property rights exchange, the relocation period, the transitional mode of relocation, the transitional period, the signing period of expropriation compensation, and the reward standard.

(two) the municipal and district governments shall organize relevant departments to demonstrate and publish the compensation scheme and solicit public opinions. The time for soliciting opinions shall not be less than 30 days.

(three) the municipal and district governments will solicit opinions and modify the situation according to public opinions.

Because of the transformation of the old city, houses need to be expropriated, and more than 50% of the expropriated people do not agree to the expropriation compensation scheme, the municipal and district governments that have made the decision on house expropriation shall organize relevant departments to hold a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.

Thirteenth housing expropriation decisions involving more than 800 households (including 800 households), should be discussed and decided by the municipal government executive meeting.

Article 14 After the municipal and district governments make a decision on house expropriation, they shall make an announcement within the scope of expropriation. The announcement shall include the following contents:

(a) The purpose and basis of the collection;

(2) The place and scope of collection;

(3) Compensation scheme;

(four) no agreement can be reached or the measures to be taken are not clear;

(five) the administrative reconsideration and administrative litigation rights of the expropriated person;

(six) the name of the housing levy implementation unit;

(seven) other matters that should be announced.

Fifteenth city, district government and housing expropriation departments should do a good job in the publicity and explanation of housing expropriation and compensation.

If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.

Article 16 If the expropriated person refuses to accept the house expropriation decision made by the municipal or district government, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Chapter III Compensation

Seventeenth the city and district government that made the decision on house expropriation compensation for the expropriated person includes:

(1) Compensation for the value of the expropriated house;

(two) relocation compensation and temporary resettlement caused by the expropriation of houses;

(3) Compensation for losses caused by expropriation of houses.

The municipal and district governments shall give subsidies and rewards to those who meet the requirements of these measures.

Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, should give priority to housing security.

Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. 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.

Twentieth city, district housing levy departments should be levied within the scope of the collection of people with the corresponding qualifications announced the list of real estate price assessment agencies.

Within 5 days from the date of the announcement of the house expropriation decision, the house expropriation department shall organize the expropriated person to negotiate and choose the real estate price assessment agency. If the negotiation fails, the assessment institution shall be selected by the majority of the expropriated person or by public lottery or lottery, and the process and result of lottery and lottery shall be notarized by the notary organ on the spot.

The selected real estate price appraisal institution shall independently, objectively and impartially carry out the house expropriation appraisal work in accordance with the Measures for House Expropriation Appraisal, and no unit or individual may interfere. Real estate price agencies with bad business records shall not participate in the assessment.

The real estate price appraisal institution shall evaluate the expropriated house and the land use value of the house together, and separately evaluate the interior decoration, accessory value and main value of the expropriated house.

If the house expropriation department or the expropriated person does not cooperate with the house appraisal work or provide relevant information, the real estate price appraisal institution shall refer to similar houses, make an assessment according to the registration of the ownership of the expropriated house, and explain the situation in the assessment report.

If there is any objection to the assessment results of house expropriation, you can apply to the real estate price assessment agency for review and assessment within 10 days from the date of receiving the assessment report. The real estate price appraisal institution shall issue the review results and deliver them within 10 days from the date of receiving the application for review.

If you have any objection to the review results, you can apply to the real estate appraisal expert committee for appraisal within 10 days after receiving the review results. The real estate appraisal expert committee shall issue a written appraisal opinion within 10 days from the date of receiving the appraisal application.

Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.

Twenty-second expropriated people choose housing property rights exchange, the municipal and district governments shall provide housing for property rights exchange.

The minimum construction area of multi-storey buildings for property rights exchange and resettlement shall not be less than 45 square meters; The minimum floor area of a high-rise building for property rights exchange is not less than 50 square meters.

The identification of the construction area and use of the expropriated house shall be subject to the area and use marked by the house ownership certificate issued by the house registration agency; If the house ownership certificate is not marked or marked inconsistent with the house registration book, the area and purpose marked in the house registration book shall prevail.

For public housing, legal tenants can voluntarily carry out housing reform before and after expropriation. Do not apply for housing reform, the property rights exchange can continue to maintain the lease relationship.

Article 23 If the expropriated residential house chooses property right exchange, the construction area of the expropriated house is equal to that of the property right exchange house, and the construction area of the expropriated house is less than the minimum apartment building construction area (multi-storey building construction area is 45 square meters), the difference will not be settled; High-rise building construction area of 50 square meters), according to the construction and installation project cost settlement price difference.

Subsidies are as follows:

(a) bungalow placement of multi-storey buildings, each household free of charge to increase 5 square meters, enjoy the construction and installation project cost of 5 square meters, and then increase the area according to the market price settlement difference; For bungalow high-rise buildings, each household will increase 8 square meters for free, and enjoy the construction and installation project cost of 5 square meters. The difference will be settled according to the market price.

(two) the placement of multi-storey buildings, an increase of 3 square meters per household, enjoy the construction and installation project cost of 5 square meters, and then increase the area according to the market price settlement; If the multi-storey building is a high-rise building, each household will be increased by 5 square meters free of charge and enjoy the construction and installation cost of 5 square meters. The price difference will be settled according to the market price in the extra area.

(three) the area of the house to be expropriated exceeds 70 square meters, and it needs to be resettled by households. The above two standards only enjoy one household.

Article 24 If the expropriated person who holds the "Certificate of Minimum Living Guarantee for Urban Residents" issued by the Municipal Civil Affairs Department continues to receive the security fund, after the house property right exchange is verified and confirmed by the house expropriation department, the price difference will not be settled within 45 square meters of multi-storey buildings and 50 square meters of high-rise buildings, and the area will be increased, according to the provisions of Item (1) and (2) of Paragraph 2 of Article 23.

Twenty-fifth residential housing construction and installation project cost according to the annual standard published by the municipal construction administrative department.

Twenty-sixth non residential housing expropriated people choose property rights exchange, in accordance with the following provisions:

(1) If the expropriated house and the property right exchange house are of the same building structure, the price difference of the original area structure will not be settled; Different building structures, the original area settlement structure price difference.

(two) the property exchange housing area is greater than the area of the house to be expropriated, and the difference is settled at the market price.

Twenty-seventh relocation caused by the expropriation of houses shall be compensated in accordance with the following provisions:

(a) the expropriation of residential houses, according to the standard of each household 1000 yuan, to give the expropriated relocation compensation.

(two) the relocation fee and parking fee of the indoor telephone, cable TV, gas, Internet and other supporting facilities and equipment of the expropriated house shall be compensated according to the relevant industry charging standards.

(three) the expropriation of non-residential houses, according to the expenses incurred by equipment disassembly and transportation, according to the actual amount of compensation.

Twenty-eighth temporary resettlement caused by the expropriation of residential houses shall be compensated in accordance with the following provisions:

(1) If the expropriated person chooses to exchange property rights, during the transition period, the compensation for temporary resettlement shall be calculated according to the construction area marked by the expropriated house ownership certificate per square meter per month 10 yuan. If the building area marked by the house ownership certificate is less than 50 square meters, the temporary resettlement compensation fee shall be calculated according to 50 square meters.

(2) If it is necessary to overwinter, each household will be given an overwintering subsidy according to the standard of 1000 yuan every winter.

(3) Transition period: 65,438+08 months for multi-storey buildings and 30 months for high-rise buildings.

(4) During the transitional period, the compensation for temporary resettlement shall be settled on the date of signing the expropriation compensation agreement, and the settlement time for multi-storey building resettlement shall be 12 months, and the settlement shall be made in the last 6 months after handling the housing resettlement procedures; The settlement time for the resettlement of high-rise buildings is 24 months, and the settlement will be carried out in the last 6 months of the housing resettlement procedures. Less than half a month is counted as half a month, and more than half a month is counted as 1 month (counting from 1 5). During the transition period, the temporary resettlement compensation fee will not be paid.

(five) due to the responsibility of the house expropriation department, if the house has not been resettled beyond the transition period, the temporary resettlement compensation fee will be paid from the date of overdue. The compensation for overdue resettlement is calculated per square meter 15 yuan per month.

If the house expropriation department provides temporary resettlement housing, it shall not pay the temporary resettlement compensation fee to the expropriated person.

Twenty-ninth non-residential housing property rights exchange, the transition period to stop production and business losses in accordance with the following provisions to compensate:

(1) If the expropriated person can provide the taxable income certificate issued by the tax department, the transition fee and the loss of production or business suspension shall be calculated according to the following formula:

Transition fee = monthly rent per square meter for houses of the same nature and similar use near the expropriated house × construction area of expropriated house × transition period (month)

Loss from production or business suspension = taxable income of the previous year ÷ 12 (month) ×3 months.

(2) If the expropriated person cannot provide the taxable income certificate issued by the tax department, or the provided taxable income certificate cannot truly reflect the loss of production or business suspension, the transition fee and the loss of production or business suspension shall be calculated according to the following formula:

Transition fee = monthly rent per square meter for houses of the same nature and similar use near the expropriated house × construction area of expropriated house × transition period (month)

Loss due to suspension of production or business = monthly rent per square meter for houses of similar nature and similar use near the expropriated houses × construction area of expropriated houses ×3 months.

If the expropriated non-residential house is rented, it shall compensate the lessee for the loss of production and business suspension, and pay the transition fee to the expropriated person.

If the non-residential houses are idle at the time of collection, only the transition fee will be given, and no compensation will be given for the loss of production or business suspension.

Thirtieth residential housing for business activities, according to the residential housing compensation; If the house expropriation department has obtained the industrial and commercial business license and tax payment certificate in accordance with the law before notifying the relevant departments in writing to suspend the relevant procedures (it should have the tax exemption certificate), the construction area used for business shall be given a one-time subsidy to the house owner according to the following standards:

(a) engaged in business activities such as commerce and service industry, according to 40% of the amount of housing assessment subsidies.

(two) engaged in office, production and other business activities, according to the housing assessment amount of 20% subsidies.

(three) engaged in warehousing and other business activities, according to the housing assessment amount of 10% subsidy.

(four) the loss of production and business suspension = the monthly rent per square meter of houses of the same nature and similar uses near the expropriated houses × the construction area of the expropriated houses ×3 months.

If the house is used for rental operation, it shall compensate the lessee for the loss of production or business suspension.

Thirty-first expropriation of houses to be imposed on the implementation of the reward system. Give appropriate rewards to the expropriated person who signed the agreement and moved within the signing period stipulated in the expropriation decision.

Article 32 If the expropriated person chooses to exchange the property rights of the house, the municipal and district governments that have made the decision on house expropriation shall conduct centralized and unified resettlement within the scope of house expropriation or in different places (the same type of lots).

If the expropriated person chooses to exchange property rights, it shall be sorted publicly according to the time of signing the agreement, giving priority to the apartment type, floor and building number. After signing the agreement, those who do not relocate within the specified relocation time will no longer enjoy the original priority resettlement house number.

Article 33 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Measures, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house with property right exchange, relocation expenses, temporary resettlement expenses or temporary resettlement houses, losses due to suspension of production or business, relocation period, transition mode and transition period.

After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.

Article 34 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the city or district government that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of these Measures, and make an announcement within the scope of house expropriation.

If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Thirty-fifth the implementation of housing expropriation should be compensated first, and then moved.

After the city and district government that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.

No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.

Article 36 If the expropriated person fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the time limit stipulated in the compensation decision, the municipal or district government that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.

The application for compulsory execution shall be accompanied by the amount of compensation and the account number stored in the special account, the area and location of the property right exchange house and temporary resettlement house, the provision of temporary resettlement houses or the provision of temporary resettlement subsidies and other materials.

Thirty-seventh house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.

Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.

Chapter IV Legal Liability

Thirty-eighth house expropriation department staff in the process of house expropriation and compensation, abuse their powers, neglect their duties, engage in malpractices for selfish ends, shall be given administrative sanctions; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-ninth by violence, threats or in violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic and other illegal means to force the expropriated person to move, resulting in losses, it 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 constitutes a violation of public security administration, it shall be punished according to law; If it does not constitute a crime, it shall be punished according to law.

Fortieth the use of violence, threats and other methods to hinder the housing expropriation and compensation work in accordance with the law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.

Article 41 Whoever embezzles, misappropriates, privately divides, intercepts or defaults in collecting compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to the relevant responsible units, informed criticism; If losses are caused, it 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.

Article 42 If a real estate appraisal institution or real estate appraiser issues a false or grossly wrong appraisal report, the issuing authority shall order it to make corrections within a time limit, give a warning, impose a fine of 50,000 yuan to 200,000 yuan on the real estate appraisal institution, and impose a fine of 6,543.8+0,000 yuan to 30,000 yuan on the real estate appraiser, and record it in the credit file; If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 43 These Measures shall come into force as of the date of promulgation. The Measures for the Implementation of the Management of Urban House Demolition in Tonghua City promulgated by the municipal government on June 28, 2002 and the Measures for the Management of Compulsory House Demolition in Tonghua City promulgated on June 28, 2007 shall be abolished at the same time.

The State Council's "Regulations on Expropriation and Compensation of Houses on State-owned Land" has been implemented in accordance with the law to obtain the permit for house demolition, including the shantytown renovation project being implemented, and it will continue to be implemented in accordance with the original provisions, but the relevant departments shall not force the demolition.

Forty-fourth approach by the city housing levy office is responsible for the interpretation of. Counties (cities, districts) government can refer to these measures, combined with local conditions, formulate measures for the implementation of housing expropriation and compensation on state-owned land.