General Provisions Article 1 These Measures are formulated in accordance with laws and regulations in order to regulate the expropriation and compensation activities of houses on state-owned land, protect public interests and safeguard the legitimate rights and interests of expropriated persons.
This article is in the public interest, and the units and individuals receiving state-owned land shall give fair compensation to the expropriated person (hereinafter referred to as the expropriated person).
Second housing expropriation and compensation should follow the principles of democratic decision-making, due process and open results.
The people's governments of cities and counties shall be responsible for the house expropriation and compensation within their respective administrative areas.
The house expropriation departments of the people's governments of cities and counties (hereinafter referred to as the house expropriation departments) shall organize and implement the house expropriation and compensation work within their respective administrative areas.
The municipal and county people's governments shall follow the rules and regulations, and the people's governments shall be responsible for the division of labor, coordinate and cooperate to ensure the smooth progress of the house expropriation and compensation work.
Article 3 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. Units that implement house expropriation should not be for profit.
The housing management department shall supervise the house expropriation and compensation behavior of the units entrusted by the implementation of house expropriation, and shall be responsible for the consequences caused by their own actions.
Article 3 The people's governments at higher levels shall strengthen the supervision over the house expropriation and compensation work of the people's governments at lower levels.
The State Council Department is responsible for the coordination between urban and rural housing and the competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, as well as the relevant departments of finance, land and resources, development and reform, and strengthen the guidance on housing expropriation and compensation.
Seventh in violation of the provisions of this Ordinance, any organization or individual has the right to punish the relevant people's government, the housing levy department and other relevant departments. After receiving the report, the people's government, the house expropriation department and other relevant departments shall promptly verify and handle it.
The supervisory organ shall strengthen the supervision of the government and relevant departments or units and their staff involved in house expropriation and compensation. return
Expropriation Decision Article 8 In order to safeguard national security, promote economic and social development and other public interests, the municipal or county people's governments decide to expropriate houses and implement house expropriation under any of the following circumstances:
(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; /& gt； (three) to meet the needs of government science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, protection, social welfare, municipal utilities and other public utilities;
(four) the organization and implementation of government construction of affordable housing demand;
(5) "Urban and Rural Planning Law", the government organizes and implements websites that need to be rebuilt in the old city, such as concentrated danger and poor infrastructure, in accordance with relevant regulations;
(6) Laws, administrative regulations and other public interests.
Article 9 stipulates that according to the provisions of Article 8, the implementation of housing construction activities 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 economic and social development of cities and counties.
National economic and social development planning, overall land use planning, urban planning and special planning shall solicit public opinions and conduct scientific argumentation.
Article 3 The house expropriation department shall prepare a compensation plan for expropriation and submit it to the people's government of the city or county.
The municipal and county people's governments shall organize relevant departments to conduct feasibility studies, and publish compensation schemes to solicit public opinions. The consultation period shall not be less than 30 days.
Article 1 1 The municipal and county people's governments shall solicit opinions and publish them in a timely manner according to public opinions.
Reconstruction needs to be levied, because of the old city housing, most people think that the compensation scheme is not in conformity with the provisions of this Ordinance, the people's government of the city or county shall participate in the hearing of the collection organization and citizens, and according to the hearing scheme.
Twelfth city and county people's governments shall follow the relevant provisions of the social stability risk assessment of house expropriation before making a decision on house expropriation; The decision to be levied involves a large number of people, which shall be discussed and decided by the executive meeting of the government.
When making decisions on house expropriation, the compensation fee shall be complete, stored in special accounts and earmarked.
Thirteenth city and county people's governments shall make a timely announcement after making a decision on house expropriation. The requisition announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
City and county people's governments and housing expropriation departments shall publicize and explain the situation of housing expropriation and compensation.
If the house is stipulated by law, the state-owned land use right shall be recovered at the same time.
Article 14 If the municipal or county government refuses to accept the decision on house expropriation, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Fifteenth of the housing management departments within the scope of the housing ownership, location, use, construction area, etc. to investigate and register, and organize and coordinate the collection work. The survey results shall be collected and published within the scope of house expropriation.
Sixteenth to determine the scope of housing expropriation, increase compensation for improper acts such as building, expanding, rebuilding and changing the use of houses within the scope of housing expropriation, and no compensation will be given for illegal implementation.
The house expropriation department shall notify the relevant departments specified in the preceding paragraph in writing to suspend the relevant procedures for listing. The written notice of suspension of relevant formalities shall specify the suspension period. The suspension period shall not exceed one year.
Chapter compensation
Seventeenth city and county people's government to make the housing levy compensation decisions include:
(1) Compensation for the value of the expropriated house
(2) Compensation for house relocation and temporary resettlement;
(three) compensation for losses caused by the cessation of house expropriation.
The municipal and county governments shall formulate measures for subsidies and incentives, and determine the objects of subsidies.
Article 18 If the expropriated individual house meets the housing guarantee conditions, the people's government of the city or county that made the decision on house expropriation shall give priority to housing guarantee. Formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Nineteenth the value of the house to be expropriated shall not be lower than the real estate market price of similar houses announced on the same day. The value of the expropriated house is assessed and determined by a qualified real estate price assessment agency in accordance with the house expropriation assessment method.
If there is any objection to the assessed value determined by the expropriated house, it may be reviewed and assessed by the real estate price assessment agency. If there is any objection to the results of the review, it may be appraised by the real estate price appraisal expert committee.
Measures for the assessment of house expropriation shall be publicly solicited by the municipal departments of the State Council in the process of urban and rural housing development.
Twentieth real estate price assessment agencies should be selected through consultation. If negotiation fails, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate specific measures and determine them by majority decision and random selection.
Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.
Article 2 1 If the expropriated person chooses monetary compensation, he may choose property right exchange.
If the property right exchange is selected, the people's governments at the city and county levels shall provide the requisitioned property right exchange houses, calculate the value of the requisitioned houses, and settle the value difference of the requisitioned property right exchange houses.
For the expropriation of personal property due to the transformation of the old city, the property right exchange and reconstruction will be carried out at the selected location, and if it is decided to expropriate houses within the city, the county government will provide a large number of houses in or near the reconstruction area.
Twenty-second housing levy caused by the relocation, the housing levy department shall pay the relocation fee to the expropriated person; If property rights exchange is selected, before the delivery of the property rights exchange house, the house expropriation department shall pay temporary resettlement to the expropriated person or provide labor premises.
Twenty-third compensation for losses caused by the cessation of housing expropriation shall be determined according to the housing welfare before expropriation and the long-term nature of the cessation. Formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-fourth city and county people's governments and relevant departments should strengthen the supervision and management of construction activities and deal with construction that violates urban and rural planning according to law.
Before the people's government of the city or county makes a decision on house expropriation, the expropriated person shall organize relevant departments to investigate, identify and deal with unregistered buildings according to law. Confirmed as legal buildings and temporary buildings that have not exceeded the time limit, compensation shall be given; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Twenty-five departments shall, in accordance with the provisions of these regulations, conclude compensation agreements on the collection of compensation, the time limit for compensation payment, the location and area of houses for property rights exchange, relocation, temporary resettlement or revolving houses.
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.
Twenty-six departments have failed to reach a compensation agreement with the time limit stipulated in the housing expropriation compensation plan, or the owner of the expropriated house is unknown. The house expropriation department shall promptly announce the house expropriation decision made by the municipal and county governments in the house expropriation announcement, and make compensation according to the expropriation decision and compensation scheme in accordance with the provisions of these regulations.
The compensation decision shall be fair, including the provisions of the first paragraph of Article 25 of these Regulations and relevant compensation agreements.
If a party refuses to accept the decision to levy compensation, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Twenty-seventh after the implementation of housing expropriation compensation, housing should be relocated.
The people's government of the city or county that made the decision on house expropriation shall compensate the expropriated land, and the compensation shall be decided by agreement compensation or relocation within a time limit, and the relocation shall be completed.
No unit or individual may, by violence, threat or violation of regulations, carry out forced demolition by illegal means such as water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
Twenty-eighth city and county people's government does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, it shall apply to the people's court for compulsory execution according to law.
The application for implementation must be accompanied by the amount of compensation, the account number, the location and area of the property exchange house and the revolving house.
Twenty-ninth housing expropriation departments should establish housing expropriation compensation files, and collect and publish family compensation information within the scope of housing expropriation.
Audit institutions shall strengthen the supervision and audit of the management and use of compensation fees, and publish the results. return
Article 30 If the staff of the people's governments of cities and counties and their housing management departments fail to perform their duties as stipulated in these Regulations or abuse their powers in the process of house expropriation and compensation, and the people's government at a higher level or the local people's government is ordered to make corrections due to dereliction of duty, informed criticism; If losses are caused, it shall be liable for compensation, and the directly responsible person in charge and other directly responsible personnel shall be punished; Those who constitute a crime will be investigated for criminal responsibility.
Article 3 1 If anyone forcibly moves by means of violence, threat or interruption of water, electricity, heating, gas, electricity and road traffic in violation of regulations, and thus causes losses, he shall be liable for compensation; if the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law; Violation of public security management shall be dealt with according to law.
Thirty-second by violence or threat to hinder the housing expropriation and compensation work according to law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Violation of public security management shall be dealt with according to law.
Article 33 Those who embezzle, misappropriate, privately divide or intercept the compensation fees in arrears shall be ordered to make corrections, recover the relevant funds within a time limit, return the illegal income, and give informed criticism and warning to the relevant responsible units; If losses are caused, the directly responsible person in charge and other directly responsible personnel shall be liable for compensation according to law. If the case constitutes 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 34 If a real estate appraisal institution or real estate appraiser issues a false or grossly wrong appraisal report, it shall be confiscated by the issuing authority and given a warning. The real estate appraisal institution shall be fined between RMB/kloc-0 and RMB 50,000 and RMB 200,000, and the real estate appraiser shall be fined between RMB 65,438 and RMB 30,000, which shall be included in the credit file. If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; Those who cause losses shall be liable for compensation, and those who constitute a crime shall be investigated for criminal responsibility according to law.
Chapter V Supplementary Provisions
Article 35 These Provisions shall be promulgated as of the date of entry into force. 2001June 13 The Regulations on the Management of Urban House Demolition promulgated by the State Council shall be abolished at the same time. The demolition projects implemented before obtaining the demolition permit of this Ordinance according to law will continue to be implemented in accordance with the existing regulations, but the government cannot instruct the relevant departments to forcibly expel them.