Relevant sub-district offices, relevant government departments and relevant units:
With the consent of the district government, the Detailed Rules for the Implementation of Non-residential Housing Demolition Compensation in the Geological Disaster Area of Xinfu District (6 14 1 household) are hereby printed and distributed to you, please conscientiously implement it according to the actual situation.
Xinfu District People's Government Office
2065438+April 28, 2008
The geological disaster area in Xinfu District (6 14 1 household) is non-residential.
Detailed rules for the implementation of housing demolition compensation
According to the general arrangement of the municipal party committee and the municipal government on the relocation of residents in the "6 14 1" geological disaster area, the relocation and resettlement of residents' houses in the "6 14 1" geological disaster area in our district has been basically completed, and now it has entered the stage of compensation for the relocation of non-residential houses downstairs. In order to do this work well, these rules are formulated.
First, the basis for safe-haven relocation and related policies for reference
(1) Legal basis
Regulations on the Prevention and Control of Geological Disasters (Order No.394 of the State Council) and Administrative Enforcement Law of the People's Republic of China (Order No.49 of the President of the People's Republic of China).
(2) Reference policy
1. Implementation Plan for Relocation and Resettlement of Residents in Geological Disaster Area of Fushun City ("6 14 1" households) (Fu Zhengban Fa [20 16] 14No.);
2. Detailed Rules for Safe Relocation and Resettlement of Residents in Fushun Geological Disaster Area ("6 14 1" households) (Fu Zhengban Fa [20 16] 15);
3. Notice of the General Office of Fushun Municipal People's Government on Printing and Distributing the Compensation Scheme for Non-residential House Demolition in Fushun Geological Disaster Area (Fu Zheng Ban Fa [20 14 1 household);
4. Implementation Measures for the Expropriation and Compensation of Houses on State-owned Land in Fushun City (Fu Zhengban Fa [20 15] 19);
5. Other relevant laws and regulations.
Second, the scope of safe haven relocation
The residents of "6 14 1" in Xinfu District moved the non-residential houses downstairs safely. Non-residential houses to be compensated should have the house ownership certificate, or buildings that should be compensated by the district government.
Third, the compensation method for safe haven relocation.
Mainly monetary compensation, supplemented by property rights exchange.
Within the scope of safe-haven relocation, the non-residential houses that have been determined to be compensated for safe-haven relocation shall be evaluated by the evaluation company determined by public bidding, and the evaluation report shall be publicized to the relocated people. Compensation for relocation and resettlement of private property houses due to risk aversion shall be paid in full monetary compensation or equal property rights replacement according to the assessed amount. The city (county, district) directly under the public non-residential housing, only monetary compensation. After compensation, the original lease relationship is terminated. Non-residential housing tenants who hold industrial enterprise housing lease certificates shall be compensated according to 70% of the monetary assessment compensation amount, and the remaining 30% shall be compensated to the housing owners.
Fourth, the determination of compensation area
Based on the registered area of the house property right certificate, the Xinfu District Mining and Settlement Office is responsible for verification, and will publicize the names of the relocated residents and the approved compensation area in the relevant media for 7 days. When evaluating compensation, the planned use shall prevail.
Determination of the amount of compensation by verb (abbreviation of verb)
Compensation amount = compensation amount for non-residential houses+other compensation.
(1) Housing compensation
Compensation for private non-residential houses = area × evaluation price; City (county, district) directly under the control of public non-residential housing compensation amount is = area × evaluation price (of which industrial and commercial housing use permit holders account for 70% of the compensation amount and housing owners account for 30%).
(2) Other compensation
1. Equipment that cannot be restored to use shall be converted into newly calculated compensation according to the replacement price.
2. Freight transportation and equipment disassembly costs.
3. Compensation expenses for indoor and outdoor decoration.
4. Subsidies for suspension of production and business due to safe-haven relocation. Give a one-time subsidy of 12 months (30 yuan per square meter per month) to the owner of private non-residential houses and the lessee who holds the municipal (county, district) direct public non-residential housing lease certificate.
Conditions for subsidies for suspension of production and business: holders of valid industrial and commercial business licenses (providing tax registration certificates); Can not provide a valid business license, the relocation of people to apply and explain, after the community, street, district relocation office agreed to give compensation.
1 Confirmation of legality of industrial and commercial business license. The relevant streets need to arrange a special person to check the business license provided by residents to the issuing authority, and after verifying its legality, collect copies for the record. The copy shall be signed "This copy is consistent with the original" and stamped with the official seal.
2. Determination of the validity period of the industrial and commercial business license. According to the Supplementary Notice of the General Office of Fushun Municipal People's Government on Issues Related to Relocation and Resettlement of Residents in Geological Disaster Areas (6 14 1 household) (Fu Zhengban [20 16] No.23), real estate transactions are prohibited in the relocated areas from February16. Therefore, it is determined that those who hold valid business licenses after February of 1, 20 16 (including those cancelled during February of 1, 201,1,and 8 years) are eligible to enjoy subsidies for suspension of production and business.
3. The object of subsidies for suspension of production and business. If the legal representative of the industrial and commercial license is inconsistent with the property owner, and the registered address of the industrial and commercial license is consistent with the registered address of the house property certificate, the property owner shall be given subsidies for suspension of production and business, and the disputes between the property owner and the lessee arising therefrom shall be borne by the property owner; For houses with public property right certificates, subsidies will be given to the users of houses (with lease certificates) to stop production and business; The resulting disputes between the property owner and the lessee shall be the responsibility of the house user (holding the lease certificate).
5. The self-built part connected with the main house shall be surveyed by the district mining and sinking office, and the assessment company shall compensate according to the surveyed area and the residual value assessment price.
6. Sign the relocation agreement.
The text of the evacuation agreement shall be uniformly formulated by the municipal government. On behalf of the district government, the relevant sub-district offices signed the Compensation Agreement for Relocation of Non-residential Houses in Fushun Geological Disaster Area (6 14 1 house), Supplementary Agreement for Relocation of Non-residential Houses in Fushun Geological Disaster Area (6 14 1 house) (I) and Fushun Geological Disaster Area (665433).
1. Recover the original non-residential house ownership certificate from the house owner with private property rights; Provide the original housing ownership certificate to the unit holding the industrial and commercial enterprise ownership certificate, keep a copy (in octuplicate), and affix the official seal to the copy.
2. The owner of the house holding private property rights shall provide the house ownership certificate and identity card, and the owner with clear divorce or property rights division shall also provide the court judgment or the property rights division agreement recognized by the owner; The lessee holding the industrial enterprise housing lease certificate shall provide the housing ownership certificate (lease certificate or lease contract) and the industrial enterprise housing ownership certificate, ID card and legal person certificate. If there is a business license, a business license is required; If there is no business license, another application and explanation, photos and business fact approval form issued by the street are needed.
All relevant streets should strengthen the file management of the compensated person and establish a file for each household.
Seven, the demolition compensation fund payment and the demolition of dangerous houses.
(1) Pay compensation funds. According to Liaoning Jinqiao Real Estate Price Appraisal Consulting Co., Ltd. determined by the bidding of Fushun Coal Mining Subsidence Relocation Office, the non-residential houses in our district are appraised according to "one household, one price". According to the evaluation results, all relevant streets should promptly organize and sign the relocation compensation agreement with the compensated person, and the district mining and sinking office will timely declare the compensation payment instruction to the Provincial Development Bank in accordance with the "6 14 1" household relocation and resettlement fund payment procedure to ensure that the compensation is in place on time and distributed to the compensated person by the relevant streets.
(2) Acceptance of old houses. This work is the responsibility of the relevant street.
(3) House demolition. This work is led by the district mining and sinking office. After the relevant street confirms that the compensated person has been evacuated from the original house, it will immediately organize the demolition company and various pipe network units to carry out house demolition. This work will be completed before June 30th. 10.
Eight. Preferential and incentive policies
The compensated person who is encouraged to move out of danger actively cooperates with the government to carry out the move out of danger. The government will give the following rewards: for the private property owners who move out of the original houses in the dangerous area according to the prescribed time limit and the tenants who are directly responsible for the public non-residential houses in the city (county, district), a cash reward of 100 yuan/square meter will be given according to the area of the original non-residential houses, which will be issued by the district clearing office, and the moving-out period will be confirmed by the relevant streets.
If the compensated person fails to sign a safe-haven relocation agreement and moves out of the original house in the dangerous area within the prescribed time limit, he will not enjoy the incentive policy of 100 yuan/square meter.
IX. Forced relocation measures
According to the relevant provisions of the Regulations on the Prevention and Control of Geological Disasters, geological disasters have occurred in the above-mentioned geological disaster areas in our region, which may cause personal injury or heavy property losses to residents in the region. The district government will organize public security, comprehensive law enforcement, notarization, street and other departments to take compulsory measures to ensure that all resettlement objects threatened by disasters move out of the geological disaster area and ensure the safety of life and property of residents in the geological disaster area.