People's Government of Tiedong District and Tiexi District, all relevant departments of the municipal government:
"Siping City Shantytown Housing Proposed Expropriation Compensation Program" has been agreed by the municipal government, and is hereby issued to you, please follow the implementation seriously.
Siping Municipal People's Government Office
October 10, 2013
Siping City shantytown houses to be expropriated compensation program
In accordance with the provincial government on the shantytown renovation work arrangements and deployment, according to the "State-owned land housing expropriation and compensation regulations" (State Council Decree No. 590) and relevant laws and regulations, the municipal government to organize After the relevant departments to study and justify, it is proposed to decide on the identified shantytowns 9 #, 9 # -8, 18 #, 26 #, 12 #, cao la room, 207 historical block plot planning within the scope of the house to be expropriated. In order to safeguard the interests of the public ****, to protect the legitimate rights and interests of the owners of the expropriated houses, based on the actual situation in the city, the development of this program.
First, the principle of expropriation and compensation
The principle of democratic decision-making, due process, and open results.
Second, the scope of expropriation
(a) 9 # -8 land: east to Dongfeng Machinery Equipment Co. Ltd. in the east, South Yijing Street in the west, South River in the south, Changqing Vegetable Wholesale Market in the north, Municipal Commercial Storage and Transportation Company, Jilin Hongtai Construction Group Co., Ltd. in Jilin Province, Wangdu Agricultural Products Cold Storage and Preservation Depot, and the south wall of the Municipal Wind Turbine Factory. From the east of Yijing Street, west to the South River, south to the South River, north to Songyuan Grain Storage Company.
(2) Lot 9#: east to 11th Jing Street, west to 2nd Jing Street, south to North 1st Latitude Road, north to the south wall of Haohua Company.
(3) Lot 12#: east to Pingdong Street, west to Dongfeng Machinery & Equipment Co. Ltd., west to the planning of South Fourth Street, south to the planning of Sixth Hole Bridge Road, north to Dongfeng Machinery & Equipment Co.
(D) Lot 26#-4: east to Dongfeng Road, west to the planning of South 7th Weifang Road, south to the South River, north to Pingxi Road. East to South River, west to Dongfeng Road, south to South River, north to Pingdong Road.
(V) Lot 18#-4: east to the Third Chemical Plant, west to South Yijing Street, south to the North River, and north to the planned Fuxing Road.
(F) Lot 18#-3: east to the army ammunition depot, Liye Village Resin Factory, west to North Yijing Street, south to the planning of Fuxing Road, north to the Martyrs' Cemetery.
(VII) 207 Historic District Lot: east to the Harbin-Dalian Railway, west to North Renxing Street, south to Aimin Road, north to Beigou Xincun District.
(H) Caolahang (South Sports Street 35#, 62# building) plot: east to Youth Street, west to Xinhua Street, south to Fucai Road, north to South Sports Street 60# building.
The final planning scope map shall prevail.
Third, the main body of the expropriation
the people's government of the district
Fourth, the department of expropriation
the Housing and Urban-Rural Development Bureau of the district
Fifth, the expropriation of the implementation of the unit
the center of the housing expropriation in the district
Sixth, the implementation of the organization
the city government's main responsibilities (the municipal Housing and Urban-Rural Development Bureau is responsible for the implementation of the concrete)
The main responsibilities of the district government: responsible for shantytown renovation site housing expropriation work specific organization and implementation; responsible for housing expropriation project legality review to the end of all procedures; responsible for negotiation with the expropriated person to sign the housing expropriation compensation agreement; to fulfill the housing expropriation and the response to all the lawsuits; to perform the other duties stipulated in the regulations.
VII. Implementation time of the expropriation
Since the date of publication of the announcement of the expropriation decision.
VIII. Expropriation Compensation Contracting Period
The expropriation compensation contracting period is 60 days from the date of publication of the announcement of the decision on the expropriation of houses.
IX. Relevant Provisions
(1) After the announcement of the scope of expropriation, any unit or individual shall not carry out the following activities for the houses and land within the scope of expropriation:
1. New construction, alteration, extension and decoration of houses.
2. Change the use of the house.
3. Moving of household registration.
4. Other improper increase in compensation costs.
(2) The determination of the building area and house use of the expropriated house shall be based on the area and use marked on the house ownership certificate issued by the housing management department; if the house ownership certificate is not marked, the area and use marked on the cadastral registration card shall be based on the area and use marked on the cadastral registration card.
If the area of the property ownership certificate does not match the actual floor area, the mapping area shall be subject to the corresponding mapping report issued by the mapping company with mapping qualification.
No legal title certificate of the house, by the municipal government organization planning and other relevant departments to investigate, identify and deal with. Compensation will be given to those identified as legal buildings and temporary buildings that have not exceeded the approved period; no compensation will be given to those identified as illegal buildings and temporary buildings that have exceeded the approved period.
X. Basic situation of expropriated houses
The total number of households to be expropriated is 6997, and the construction area of the houses to be expropriated is about 520,650 square meters. Among them: 1,654 households should be expropriated in the 9# lot of the shed, and the building area of the house should be expropriated about 113,700 square meters; 1,297 households should be expropriated in the 9#-8 lot of the shed, and the building area of the house should be expropriated about 84,500 square meters; 367 households should be expropriated in the 12# lot of the shed, and the building area of the house should be expropriated about 42,500 square meters; 960 households should be expropriated in the 26# lot of the shed, and the building area of the house should be expropriated about 71,750 square meters. floor area of about 71,750 square meters; shanty reform 18 # plot should be levied 2,420 households, should be levied floor area of about 169,400 square meters; CaoLaFang plot should be levied 160 households, should be levied floor area of about 13,900 square meters; 207 historical block plot should be levied 139 households, should be levied floor area of about 24,900 square meters.
XI, compensation
The residential and commercial networks of the expropriated people can choose monetary compensation, or choose to move back in the form of property rights exchange.
XII, compensation standards
(a) the residential housing expropriated people choose the standard of monetary compensation. The amount of monetary compensation by a real estate price assessment agency with the appropriate qualifications in accordance with the housing expropriation assessment methods for the expropriated houses, to assess the price as the compensation standard. And the monetary incentive is given at the rate of 20% of the price per square meter.
(b) If the expropriated person chooses the property right exchange, the basic household type of the property right exchange residential housing is 14 basic household types, namely: 40 ㎡, 45 ㎡, 50 ㎡, 55 ㎡, 60 ㎡, 65 ㎡, 70 ㎡, 75 ㎡, 80 ㎡, 85 ㎡, 90 ㎡, 95 ㎡, 100 ㎡, 105 ㎡. Resettlement to 40 square meters if the levied area is within 40 square meters (including 40 square meters); resettlement to 45 square meters if above 40 square meters and within 45 square meters (including 45 square meters); resettlement to 50 square meters if above 45 square meters and within 50 square meters (including 50 square meters); resettlement to 55 square meters if above 50 square meters and within 55 square meters (including 55 square meters); resettlement to 60 square meters if above 55 square meters and within 60 square meters (including 60 square meters); resettlement to 60 square meters if above 60 square meters and within 65 square meters (including 65 square meters); resettlement to 60 square meters if above 60 square meters and within 60 square meters; resettlement to 60 square meters if above 65 square meters (including 65 square meters). 65 square meters (including 65 square meters) to 65 square meters; 65 square meters or more, 70 square meters (including 70 square meters) to 70 square meters; 70 square meters or more, 75 square meters (including 75 square meters) to 75 square meters; 75 square meters or more, 80 square meters (including 80 square meters) to 80 square meters; 80 square meters or more, 85 square meters (including 85 square meters) to 85 square meters; 85 square meters or more, 90 square meters (including 90 square meters) resettlement to 90 square meters; above 90 square meters, within 95 square meters (including 95 square meters) resettlement to 95 square meters; above 95 square meters, within 100 square meters (including 100 square meters) resettlement to 100 square meters; above 100 square meters, resettlement to 105 square meters;
1. Expropriation of multi-storey residential buildings with legal property rights certificates and licenses
(1) the implementation of "Levy one to return one point two", do not find the difference in price, the property right belongs to the expropriated person.
(2) Calculation standards for the increase in area
The part of the increase in area close to the household type is settled at the average price of 1800 yuan per square meter of the cost price of construction and safety, and the part of the increase in area other than the area to be resettled is settled at the price of the commercial house on the land of the relocation site.
(3) Compensation for indoor decoration of the expropriated person shall be assessed by the real estate price appraisal organization with appropriate qualifications in accordance with the appraisal method of housing expropriation, and the appraisal price shall be used as the compensation standard.
(4) Households living in the building, without the approval of the relevant departments, the owner of the house privately built a mezzanine floor to form an attic. According to the "property survey specification" (Chinese People's *** and national standards GB/T17986-2000) in the "house of the mezzanine, insertion layer, technical layer and its height of the stairwells, elevator and other parts of the calculation of the floor area of more than 2.20M," the provisions of the existing privately built attic height of more than 2.2 meters of the area, has a The actual living function part, after the actual measurement by the surveying and mapping company, counted in the indoor licensed area for compensation, the property right belongs to the expropriated person.
2. Expropriation of residential bungalows
(1) Expropriation of residential houses with legal title certificates (including state-owned land use certificates), the expropriated person chooses to exchange property rights, the implementation of the "expropriation of a return to a little one", do not look for the difference between the price, property rights of the expropriated person.
(2) the expropriation of no legal title license and residential function of the residential housing by the expropriator to choose the property rights exchange, by the administrative department of urban planning, is the construction of the residential housing before 1984 (including 1984), the expropriator by the expropriator to the "levy a one point one", property rights owned by the expropriated person. Residential houses constructed before (including) 2001 after 1984, as determined by the administrative department of urban planning, shall be converted into area according to the ratio coefficient of 0.54 per square meter of the floor area; residential houses constructed before (including) 2007 after 2001 shall be converted into area according to the ratio coefficient of 0.46 per square meter of the floor area. The area converted by the expropriator to its "levy a return a little one", do not find the difference in price, property rights belong to the expropriated person.
(3) In the specified time frame of the relocation of the expropriated person, licensed housing according to the area of the house title license, unlicensed housing according to the provisions of this article after discounting the area of the expropriated person 10% of the area of the house.
The expropriated person has both legal property rights license residential housing, and no legal property rights license residential housing, the expropriated person used no legal property rights license residential housing according to the provisions of this article after discounting the area and legal property rights license residential housing area, the reward area for the combination of the return relocation resettlement.
(4) Calculation standard of increased area
The part of increased area close to the household type shall be settled at the average price of RMB 1800/㎡, and the part of increased area outside the resettlement area shall be settled at the price of commercial house.
(5) The appurtenances of the expropriated person (including barns, toilets, permanent vegetable cellars, fences, gates, etc.) shall be compensated according to the standard of the appraisal price.
3. Holders of municipal civil affairs departments issued by the "minimum subsistence allowance for urban residents," the expropriated person, still continue to receive security benefits, with legal title to the license housing area and bonus area is still less than 40 square meters after the merger of the area, by the housing expropriation department after checking and confirming the gratuitous resettlement of 40 square meters, gratuitous part of the increase in the area of property rights owned by the government.
4. The property right license of the expropriated house is recorded as residential, but the expropriated person uses the house to engage in business activities, and is compensated according to the residential housing resettlement.
Residential housing with a valid business license and business activities at the time of expropriation, the loss of production and business by the actual tax starting point × 15% × 3 months. If it does not reach the minimum tax threshold is calculated according to the minimum tax threshold, i.e., the monthly loss of shutdown is 20,000 yuan / month × 15% = 3,000 yuan, calculated over three months.
5. levy unit self-management of property rights of residential housing, if the unit to give up property rights, to have the unit to give up property rights certificate, should be presented by the unit unit of housing ownership certificate or unit fixed assets account or the relevant financial original documents as a basis for confirmation, and by the unit's legal representative or person in charge of the opinion signed. After meeting the requirements for compensation according to the residential housing with private property rights license.
If the unit does not give up the property right, according to the area of the expropriated housing units accounted for 30%, individuals accounted for 70% of the proportion of compensation. If the expropriated person chooses to exchange the property right, he will be compensated according to 70% of the area obtained by the individual, and the property right will be owned by the expropriated person. The increase of area shall be implemented according to the provisions of this program. If the requisitioned person chooses monetary compensation, the real estate price appraisal organization with corresponding qualification shall appraise 70% of the area occupied by the requisitioned person in accordance with the appraisal method of housing requisition, and the appraisal price shall be taken as the compensation standard. The property right unit gets 30%, and the property right unit is compensated according to the 30% appraisal price of the expropriated house.
6. Expropriation of self-built public housing, should be funded by the unit issued by the property rights to give up the certificate, stamped with the official seal, the signature of the legal person, and issued by the account or by the competent bureau stamped by the on-site staff to confirm the verification of the implementation of the "levy a return one", do not look for the difference between the price of property rights to be expropriated people all.
7. Expropriation of independent residential housing without legal title and license and independent account, according to the provisions of the commuted area, multiplied by the coefficient and plus the bonus area, the upper leaning on the household insufficient area according to the average cost of construction and safety price of 1,800 yuan / square meter settlement, and then increase the area of the settlement of the price of commercial housing.
8. Expropriation of both legal title license housing and no legal title license housing, should be combined resettlement, but living in more than one household, with more than one household (street or community issued proof of permanent residence), legal title license housing and no legal title license housing can be resettled in separate households. There are legal title license houses can be compensated in accordance with this program, enjoy the construction cost price settlement by household area; without legal title license houses according to the provisions of this program after the commutation plus bonus area, only enjoy 5 square meters according to the construction cost price average price of 1,800 yuan/square meter settlement of preferential policies, insufficient area and then increase the area of the settlement of commercial housing prices.
9. The expropriated housing area is large, provide relocation housing sources of household area can not meet the requirements of relocation, can be divided into households, choose their own relocation household, but regardless of the division into a few households, the expropriated housing area can only enjoy the most can not be more than 5 square meters by the household to increase the area according to the price of the preferential policies by the household price, and the rest of the part of the increase in the area of the price of the settlement in accordance with the price of the commercial housing.
10. The expropriated person living in the house only one, requesting a sub-family, can be resettled in a sub-family, but only to enjoy the original housing area to enjoy a close to the basic type of household to increase the area according to the cost of construction and safety price of the settlement area, exceeding the area of the portion of the settlement of prices according to the commercial housing.
11. On the lower limbs of the disabled and due to disease inconvenience living in high-rise households
The requisitioner's family members for the lower limbs of the disabled mobility or blind people with disabilities, actively cooperate with the expropriation work, by their own application, need to be taken care of by the on-site staff to verify, and submit a copy of the certificate of disability in the agreement that the lower limbs of the disability or blindness; age of more than 75 years or Due to major diseases can not be on the upper floors, by the regular medical institutions to issue relevant certificates, verified by on-site staff, issued comprehensive materials, back to relocation can be taken care of resettlement to the first floor.
12. If the requisitioner chooses to exchange property rights for the relocation of facilities such as natural gas, cable TV and broadband, the requisitioner will be responsible for the relocation; if the requisitioner chooses to make monetary compensation, he will be compensated by the requisitioner in accordance with the valid bills for the initial installation fee and other charges provided by the requisitioner.
(C) expropriation of garage
1. Expropriation of legal title license garage (including underground garage), choose the property rights exchange, the implementation of "levy a return one", do not look for the difference in price, the property rights of the expropriated all.
2. Expropriation with legal title license garage (including underground garage) choose monetary compensation, expropriation without legal title license garage (including underground garage), by the real estate appraisal agency with the appropriate qualifications in accordance with the housing expropriation appraisal methods for its assessment, to assess the price as the compensation standard.
(D) Expropriation of non-residential housing
1. Expropriation of non-residential housing (including buildings and bungalows) with legal property rights certificates, the expropriated person requesting property rights exchange, the implementation of the "expropriation of a return of one", do not look for the difference between the price of the property rights of the expropriated person.
The part of the increased area for relocation and resettlement is settled according to the price of commercial housing.
2. The expropriation of non-residential houses with legal title license to choose monetary compensation and the expropriation of non-residential houses without legal title license should be evaluated by a real estate price assessment agency with the appropriate qualifications to assess the price as the compensation standard for compensation.
3. Expropriation of non-residential housing, its production equipment, ancillary facilities, raw and auxiliary materials by the expropriated person to dismantle, relocation, the costs incurred by the appropriate qualification of the appraisal organization to assess the price of the appraisal as the standard of compensation.
4. The target of compensation for loss of production and business suspension shall meet the following conditions at the same time:
(1) Non-residential houses whose house use is production and business house as recorded in the certificate of ownership of the house or the house registration book.
(2) A legal and valid business license.
(3) Has applied for tax registration and has a tax certificate.
(4) The company is still in continuous production and operation on the date of the announcement of the expropriation decision, and the expropriation of the house has resulted in the loss of production and business.
Except as otherwise provided by laws and regulations.
5. Scope of compensation for loss of shutdown:
(1) Compensation for loss of net profit during the period of shutdown.
(2) Compensation for loss of wages of employees during the suspension of production.
6. Compensation for loss of production and business:
(1) Compensation for loss of net profit during the period of suspension of production and business, calculated on the basis of the average value of the net profit of the previous year on the date of the announcement of the decision on the expropriation of the house, subject to the payment of income tax certificates.
(2) Compensation for the loss of wages of employees during the period of suspension of production and business, based on the number of employees who have paid the employee's pension insurance on the date of the announcement of the expropriation to determine the number of employees, and determine the compensation standard according to the basis of the payment of pension insurance to be compensated.
(3) If the enterprise cannot provide the income tax completion certificate or the certificate of pension insurance payment, the net profit and compensation for the loss of employee's salary will be compensated by the relevant departments through the accounting of the net profit value.
7. The period of compensation for loss of production and business:
(1) For those who choose to be compensated by property right exchange, the compensation shall be made from the date of signing the agreement on property right exchange to 3 months after the date of delivery of the property right exchange house to the expropriated person.
(2) If you choose monetary compensation, the relevant department will give you a one-time compensation for 3 months' loss of production and business suspension after calculating the net profit value. (A one-time compensation of 3 months for loss of shutdown is given from the date of signing the agreement on monetary compensation.)
8. If the property owner of the expropriated house is not the same as the person who produces or operates the house, the standard of the loss of shutdown is the same as the compensation standard when the property owner produces or operates the house by himself.
The distribution of the compensation for the loss of production and business stoppage shall be carried out according to the agreement of both parties; if there is no agreement, it shall be distributed by the negotiation of both parties; if the negotiation fails, the housing expropriation department shall notarize the compensation for the loss of production and business stoppage, and the payment shall be made after the negotiation of the parties or the result of the litigation is determined.
(e) Compensation for expropriation of ownership houses of enterprises and institutions
It shall be evaluated by a real estate price evaluation organization with appropriate qualifications and compensated with the evaluation price as the compensation standard, and its production equipments, ancillary facilities, raw and auxiliary materials shall be dismantled and relocated by the person to be expropriated by himself, and the expenses incurred shall be evaluated by an evaluation organization with appropriate qualifications, and the evaluation price shall be taken as the compensation standard.
If the requisitioner is responsible for dismantling and relocating the production equipment, the requisitioner shall not pay the expenses incurred for dismantling and relocating the production equipment.
XIII. Place and time of relocation and resettlement and selection of the number of relocation
If you choose the property right exchange, the place of the property right exchange house will be resettled in the area of not more than 2 kilometers. The transition period for relocation is 30 months.
The selection of the relocation housing source shall be made by the requisitioners themselves in accordance with the order number indicated on the title exchange agreement within the range of relocation housing provided by the requisitioner from small to large. In the case of guaranteed housing, the levied person is not allowed to refuse to move back to live on the grounds that the location of the building or floor is not suitable.
XIV. Moving subsidies
If the residential housing users move because of the expropriation, each household will be given a one-time moving subsidy of 500 yuan.
XV. Temporary resettlement fee for residential houses
If the requisitioned person resettles the transitional house by himself, before the delivery of the property rights exchange house, the housing requisition department will pay the temporary resettlement fee to the requisitioned person according to the area of the house requisitioned, which is RMB 9/month/㎡ (based on the area of property rights certificates, and the area of the house without legal property rights certificates is based on the area of the commuted area, and the area of the house which is not able to reach the minimum type of relocation is based on the smallest type of relocation). ). If the expropriator fails to organize the resettlement of the expropriated person on time, the temporary resettlement subsidy shall be paid to the expropriated person by one times of the standard of temporary resettlement subsidy calculated on a monthly basis.
The expropriated person settles the moving expenses, decoration compensation and other monetary compensation fees at the time of relocation and resettlement.
XVI. Protection policy
If the expropriation of individual residence, the expropriated person meets the conditions of housing protection, after examination and verification by the relevant departments, he/she will be given priority in resettlement.
XVII. Handling of failure to reach an agreement
If no compensation agreement can be reached within the signing period determined by the expropriation compensation program or if the owner of the expropriated house is unclear, the district people's government will make a decision on expropriation compensation in accordance with the expropriation compensation program, and make a public announcement within the expropriation of the house.
XVIII. Enforcement
After the district people's government issues the compensation decision, if the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, and fails to move within the period stipulated in the compensation decision, the district people's government shall apply for a ruling from the people's court to grant the compulsory enforcement according to the law.
XIX. Precautions for Expropriated Persons
During the expropriation work, tenants are requested to be vigilant to ensure safety against gas, water, electricity and other accidents. Safety precautions should be strengthened and important documents such as ID cards, real estate certificates, household registration books, marriage certificates, etc. should not be handed over to others or handled by others on their behalf, so as to avoid being deceived or causing unnecessary losses.