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Notice of the municipal government on printing and distributing the Interim Measures for the management of collective land and house demolition in Huai 'an No.33 [2007].
County (District) people's governments, municipal committees, offices and bureaus, and municipal units:
The Interim Measures for the Administration of Urban Collective Land and Housing Demolition in Huai 'an are hereby issued, and hope to implement them conscientiously.
February 2007 15
Interim Measures of Huai 'an Municipality on the Administration of Collective Land and House Demolition
Chapter I General Principles
Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China and the Regulations for the Implementation of the Land Administration Law of the People's Republic of China in order to standardize the management of collective land house demolition, ensure the smooth progress of urban construction and safeguard the legitimate rights and interests of the parties involved in the demolition. "Jiangsu Province Land Management Regulations" and "Jiangsu Province Urban Housing Demolition Management Regulations", combined with the actual situation of this Municipality.
Article 2 In the urban planning areas of Qinghe District, Qingpu District and Huai 'an Economic Development Zone of this Municipality, these Measures shall apply to the demolition of houses and their appendages on collective land due to urban construction and development, and the compensation and resettlement of the house owners (hereinafter referred to as the people to be demolished), but the homestead resettlement cannot be adopted according to urban planning.
Major infrastructure demolition projects such as roads, railways, water conservancy, electric power, communications, etc. determined by the state and the province shall be subject to its provisions unless otherwise stipulated by the state and the province.
Third city land and resources administrative departments responsible for collective land and housing demolition related land management; City real estate management department is responsible for the management of collective land demolition and resettlement housing construction. The municipal people's government housing demolition management institution (hereinafter referred to as the municipal demolition management institution) is responsible for the collective land housing demolition compensation and resettlement management.
The relevant functional departments of the district, township people's government, sub-district office and municipal government where collective land houses are demolished shall, according to their respective duties, do a good job in compensation and resettlement for house demolition.
Chapter II Demolition Management
Article 4 After the planning department issues the construction land planning permit (with the red line attached), the municipal demolition management institution shall, according to the application of the land-using unit (hereinafter referred to as the demolition), notify in writing the planning, land and resources, real estate, industry and commerce, taxation, public security, culture, education, health and other departments and the township people's government and sub-district office where the demolition project is located to stop going through the relevant examination and approval procedures.
Article 5 The following procedures shall be followed in the implementation of house demolition:
(a) to carry out the demolition investigation;
(two) the demolition to the city demolition management agencies to apply for demolition;
(three) the city demolition agency issued a demolition notice;
(four) the demolition and relocation of people to conclude a written demolition compensation and resettlement agreement;
(five) according to the demolition compensation and resettlement agreement for demolition compensation and resettlement;
(six) the implementation of housing demolition.
Article 6 A demolisher applying for house demolition shall submit the following materials to the municipal demolition management institution:
(a) construction land planning permit (with red line map);
(two) land acquisition approval documents and land acquisition plan notice;
(3) Proof of compensation and resettlement funds;
(four) the implementation plan of compensation and resettlement.
City demolition institutions shall review the materials declared by the land units, and issue a notice of demolition if they meet the conditions.
Seventh housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
City demolition management agencies should strengthen the supervision of demolition compensation and resettlement funds.
Eighth people should choose a unit with the qualification of demolition to carry out the demolition, and sign a demolition entrustment contract with the housing demolition implementation unit. The entrusted demolition implementation unit shall not transfer the demolition business.
Demolition workers must hold relevant certificates. City demolition management agencies should strengthen the supervision and management of demolition staff, and conduct training and assessment of relevant legal and business knowledge for those engaged in demolition work.
Article 9 After the conclusion of an agreement on compensation and resettlement for house demolition, if the demolition parties dispute the agreement on compensation and resettlement, they may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law.
Tenth people should be taken before the implementation of the demolition and demolition in accordance with the provisions of these measures on compensation, demolition and other matters signed a written agreement. The contents of the agreement shall specify the form and amount of compensation. If negotiation fails, it shall be decided by the municipal demolition management institution upon the application of the parties. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the ruling, it shall be handled by the municipal demolition management institution according to law. If the land acquisition is hindered by the dispute over the compensation standard for land acquisition, it shall be handled by the municipal administrative department of land and resources according to law.
Chapter III Compensation and Resettlement for Demolition
Eleventh people should be taken in accordance with the provisions of these measures, to be taken compensation.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved time limit shall be compensated according to the construction cost shared by the remaining service period. When issuing the permit for temporary construction project planning, the planning department has indicated that it needs to be demolished free of charge due to urban construction within the approved period, so it will not be compensated.
Twelfth the compensation price of the house to be demolished is determined by the evaluation agency. The assessment institution shall have the qualification of real estate assessment of Grade III or above issued by the construction administrative department at or above the provincial level, and be included in the list of demolition assessment institutions in Huai 'an.
Thirteenth the legal basis for house demolition shall be based on the house ownership certificate held by the demolished person or the legal construction procedures obtained before the announcement of land acquisition investigation.
Fourteenth the use of the house to be demolished shall be subject to the purpose stated in the house ownership certificate and the land ownership certificate; If the purpose of the house ownership certificate and the land ownership certificate is not specified or is inconsistent, the purpose specified in the legal construction procedures shall prevail.
Fifteenth demolition of housing construction area, to the housing management authority certificate or legal building procedures specified in the construction area shall prevail.
Sixteenth the compensation price of legal buildings within the scope of demolition shall be determined by combining the replacement price into a new assessment. The specific assessment methods shall be formulated separately by the municipal demolition management institution in conjunction with the municipal price and land departments.
If a newly-built legal residential house is demolished within 6 months from the date of approval to less than 5 years from the date of announcement of house demolition, the compensation shall be increased according to 15% of the unit price of the legal construction area of the house.
Seventeenth residential housing demolition compensation is generally the exchange of property rights, and the multi-storey residential houses with unified planning and unified construction are provided by the demolition people for demolition and resettlement.
Eighteenth resettlement area is the sum of the legal construction area of the house to be demolished and the area of the nearest stall. If there is more than one property exchange room, the maximum area of the nearest booth is 10 square meter. The price of resettlement area shall be assessed and determined by the assessment agency using the same assessment method as that of the house to be demolished. The area increased due to demolition (including the stall area exceeding 10 square meter) shall be implemented according to the government guidance price approved by the municipal price department or the market price evaluated by the evaluation agency.
If all or part of the demolished people give up resettlement, the part that gives up resettlement will be compensated according to the assessed price, and then resettlement subsidies will be given. The standard of giving up the resettlement subsidy is 0.7 times of the unit price of the demolished house.
Article 19. If the demolished person has been engaged in business for more than 1 year by using the legal residence, and can provide the industrial and commercial business license and continuous legal and valid tax payment vouchers, the actual business area shall be compensated according to the assessed price of the residence at the time of demolition, and then the compensation shall be appropriately increased. The standard of increasing compensation shall be formulated separately by the municipal demolition management institution in conjunction with the municipal price and land departments.
Article 20 If the demolished person only needs to demolish the legally-lived house, and the compensation for demolition (excluding the reward, moving fee and transition fee) is not enough to buy the minimum Xing Tao resettlement house, and the publicity is true after investigation, the demolished person shall provide the minimum Xing Tao resettlement house with a construction area of not less than 45 square meters for his residence, and the compensation for demolition shall be used to offset the purchase price.
Twenty-first demolition of non-residential housing with legal building procedures, the implementation of monetary compensation, compensation standards according to the replacement price combined with a new assessment to determine. Specific bid evaluation methods shall be implemented with reference to the provisions of Article 16.
If the demolition of non-residential houses causes losses such as suspension of production and business, the demolisher shall pay a one-time subsidy to the demolished person according to no more than 8% of the total compensation for house demolition.
Demolition enterprises production houses, the demolition should be in accordance with the total compensation for house demolition of not more than 8% to be taken to pay relocation costs and fixed equipment and facilities demolition, relocation costs.
Twenty-second demolition should be within the scope of the homestead decoration, appendages and flowers and trees for compensation.
The decoration, fitment and fittings of illegal buildings shall not be compensated. After the announcement of land requisition, flowers, trees, etc. No compensation will be paid if it is accidentally renovated, renovated or planted.
Twenty-third demolition of residential houses, the demolition should be taken to pay the removal fee, transition fee.
Twenty-fourth to actively cooperate with the demolition, demolition should be given appropriate incentives. The bonus period is generally 10 ~ 30 days, and the specific number of days is determined by the municipal demolition management institution according to the size of the demolition project and the number of relocated households, and it is clear in the demolition announcement.
The compensation standards for decoration, appendages, flowers and trees, moving expenses, transition expenses and reward standards shall be formulated separately by the municipal price and land department in conjunction with the municipal demolition management institution.
Twenty-fifth people should be taken in transition. If the demolisher chooses monetary compensation, the demolisher shall pay a one-time transition fee of 6 months. If the demolished person chooses to exchange property rights, the transition period of demolition shall not exceed 18 months from the date when the demolished person vacates the house, and the transition fee shall be settled according to the actual transition period.
If the transition period is extended due to the responsibility of the demolition, the demolition shall pay the temporary transition fee in accordance with the following provisions, unless otherwise agreed by the parties, starting from the overdue month:
If the delay time is less than 12 months, the transition fee will be increased by 1 times; If the delay time exceeds 12 months, the transition fee will be increased by 2 times from the next month after the delay.
Twenty-sixth residential housing demolition put forward to give up resettlement and make a written commitment, by the demolition of people to apply to the demolition, reported to the local township people's government, street offices for approval, you can give monetary compensation.
Twenty-seventh resettlement housing maintenance fund, and the demolition of housing construction area is equal to the part borne by the demolition, the excess part borne by the demolition.
Twenty-eighth resettlement houses or houses purchased by residents in the form of monetary compensation meet the relevant provisions of the provincial finance department on the collection and management of deed tax, and the residents can apply for exemption from house deed tax.
Twenty-ninth residents to provide resettlement housing, shall meet the following requirements:
(a) in line with national quality and safety standards;
(two) clear property rights, no rights restrictions.
Problems such as design changes and area differences of resettlement houses shall be handled in accordance with the relevant provisions on commercial housing sales.
If the resettlement house is a comprehensive building, except for the stairs, enclosure structure and basement public passage of the residential part, the rest of the public building area will not participate in the settlement of property rights exchange price.
Chapter IV Construction and Management of Resettlement Houses
Article 30 The municipal real estate administrative department shall, jointly with relevant departments, formulate the annual plan for the demolition and resettlement housing construction according to the demolition and resettlement housing construction plan declared by the administrative committee of Qinghe District, Qingpu District and Huai 'an Economic Development Zone, combined with the urban planning and demolition plan, determine the scale of the demolition and resettlement housing construction, and incorporate it into the annual real estate development plan.
Thirty-first city real estate administrative departments for urban collective land demolition and resettlement housing construction departments. Responsible for the organization and implementation of resettlement housing construction, and determine the construction mode and supply scheme of resettlement housing.
Thirty-second houses on urban collective land can be built in the following three ways:
1. The municipal real estate administrative department shall organize the implementation according to the construction plan;
2. Entrust the District People's Government where the collective land demolition project is located to organize the implementation;
3. Conduct market bidding and select enterprises with good reputation and outstanding performance to organize and implement.
Thirty-third resettlement houses shall be supplied after the price is determined according to the government guidance price and floor coefficient. The construction cost price and supply guidance price shall be approved by the municipal price department in conjunction with the relevant departments and announced after being approved by the government.
Thirty-fourth resettlement houses are all used for the development of urban construction and property rights exchange of the demolished people on collective land, and may not be sold to the market as ordinary commercial houses. After the resettlement, there are still surplus houses, which are uniformly distributed by the government for the resettlement of other demolition projects.
Chapter V Supplementary Provisions
Thirty-fifth demolition projects that have been implemented before the implementation of these measures are still implemented according to the original provisions.
Thirty-sixth counties, Huaiyin District, Chuzhou District People's government can refer to these measures, can also refer to these measures to formulate implementation measures.
Article 37 These Measures shall come into force as of March 2007. "Implementation Measures for Compensation and Resettlement of Collective Land Expropriation in Huai 'an City (Trial)" (Huai [2005] No.65) and related supporting documents shall be abolished at the same time. Where the previous relevant provisions of this Municipality conflict with these Measures, these Measures shall prevail.