article 1 these regulations are formulated in order to regulate the expropriation and compensation activities of houses on state-owned land, safeguard the public and protect the legitimate rights and interests of the owners of expropriated houses.
article 2 if the houses of units and individuals on state-owned land need to be expropriated for the benefit of the public, fair compensation shall be given to the owner of the expropriated house (hereinafter referred to as the expropriated person).
article 3 the principle of democratic decision-making, due process and open results shall be followed in the expropriation and compensation of houses.
article 4 the municipal and county people's governments shall be responsible for the house expropriation and compensation within their respective administrative areas.
the house expropriation departments determined by the people's governments at the municipal and county levels (hereinafter referred to as the house expropriation departments) shall organize and implement the house expropriation and compensation work within their respective administrative areas.
the relevant departments of the people's governments at the city and county levels shall cooperate with each other in accordance with the provisions of these regulations and the division of responsibilities stipulated by the people's governments at the corresponding levels to ensure the smooth progress of housing expropriation and compensation.
article 5 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.
the house expropriation department is responsible for supervising the house expropriation and compensation activities carried out by the house expropriation implementation unit within the scope of entrustment, and taking legal responsibility for the consequences of its actions.
article 6 the people's government at a higher level shall strengthen supervision over the house expropriation and compensation work of the people's government at a lower level.
The competent departments of housing and urban construction in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the relevant departments of finance, land and resources, development and reform at the same level, strengthen the guidance on the implementation of housing expropriation and compensation.
article 7 any organization or individual has the right to report any violation of these regulations to the relevant people's government, the house expropriation department and other relevant departments. After receiving the report, the relevant 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, relevant departments, units and their staff involved in the house expropriation and compensation work.
chapter ii decision on expropriation
article 8 in order to safeguard national security and 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 people's government at the city or county level shall make a decision on expropriation of houses:
(1) the needs of national defense and diplomacy;
(2) the needs of infrastructure construction such as energy, transportation and water conservancy organized by the government;
(3) the needs of public undertakings 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;
(4) the needs of the construction of affordable housing projects organized and implemented by the government;
(5) The need for the reconstruction of old urban areas in areas with concentrated dilapidated houses and backward infrastructure organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law;
(6) other public interests as stipulated by laws and administrative regulations.
article 9 in accordance with the provisions of article 8 of these regulations, the construction activities of houses that really need to be expropriated shall conform to the national economic and social development plan, the overall land use plan, urban and rural planning and special planning. The construction of affordable housing and the reconstruction of old urban areas should be incorporated into the national economic and social development plans of cities and counties.
the formulation of national economic and social development plans, overall land use plans, urban and rural plans and special plans should be based on extensive public opinions and scientific argumentation.
article 1 the house expropriation department shall draw up a compensation plan for expropriation and submit it to the people's government at the city or county level for approval.
the people's governments at the city and county levels shall organize relevant departments to demonstrate and publish the compensation plan for expropriation and solicit public opinions. The time limit for soliciting opinions shall not be less than 3 days.
article 11 the people's governments at the municipal and county levels shall promptly announce the situation of soliciting opinions and making amendments according to public opinions.
if houses need to be expropriated due to the reconstruction of the old city, and most of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these regulations, the people's governments at the city and county levels shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Article 12 Before making a decision on house expropriation, the people's government at the city or county level shall conduct social stability risk assessment in accordance with relevant regulations; The decision of house expropriation involves more people to be expropriated, which shall be discussed and decided by the executive meeting of the government.
before making a decision on house expropriation, the compensation fee for expropriation should be fully paid, stored in a special account and earmarked.
article 13 the people's governments at the municipal and county levels shall make a timely announcement when making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
the municipal and county people's governments and the house expropriation departments should do a good job in publicizing and explaining the house 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 14 if the expropriated person refuses to accept the decision of the municipal or county people's government on house expropriation, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
article 15 the house expropriation department shall organize an investigation and registration on the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.
article 16 after the scope of house expropriation is determined, it is not allowed to build, expand, rebuild houses or change the use of houses within the scope of house expropriation, which will increase the compensation fees improperly; In violation of the provisions of the implementation of compensation, no compensation.
the house expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspension of relevant formalities shall specify the suspension period. The longest suspension period shall not exceed one year.
chapter iii compensation
article 17 the compensation given by the people's governments at the municipal and county levels to the houses to be expropriated includes:
(1) compensation for the value of the houses to be expropriated;
(2) compensation for relocation and temporary resettlement caused by house expropriation;
(3) compensation for the loss caused by the expropriation of houses.
the people's governments at the municipal and county levels shall formulate measures for subsidies and incentives to the expropriated people.
article 18 if the expropriated individual houses meet the housing security conditions, the people's government at the city or county level that made the decision on housing expropriation shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
article 19 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 day when the house expropriation decision is announced. The value of the house to be expropriated shall be assessed and determined by the real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.
if you have any objection to the value of the expropriated house determined by the assessment, you can apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for evaluation.
The measures for the assessment of house expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process.
Twentieth real estate price appraisal institutions shall be selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
real estate price assessment agencies shall independently, objectively and impartially carry out the assessment of house expropriation, and no unit or individual may interfere.
article 21 the expropriated person may choose monetary compensation or exchange of house property rights.
if the expropriated person chooses to exchange house property rights, the people's governments at the municipal and county levels shall provide houses for house property rights exchange, and calculate and settle the price difference between the expropriated house value and the house value for house property rights exchange with the expropriated person.
if the expropriated person chooses to exchange the property right of the house in the rebuilt area because of the expropriation of individual houses in the old urban area, the people's government at the city or county level that made the decision on house expropriation shall provide houses in the rebuilt area or the nearby area.
Article 22 If the house expropriation causes relocation, the house expropriation department shall pay the relocation fee to the expropriated person; If the expropriated person chooses to exchange the property rights of the house, the house expropriation department shall pay the expropriated person a temporary resettlement fee or provide a revolving house before the property rights exchange house is delivered for use.
article 23 the compensation for the loss of production and business suspension caused by house expropriation shall be determined according to the benefits before house expropriation, the period of production and business suspension and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
article 24 the municipal and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with those who violate urban and rural planning.
before making a decision on house expropriation, the people's government at the city or county level shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. If it is recognized as a legal building and a temporary building that does not exceed the approved period, it shall be compensated; Belonging to illegal buildings and temporary buildings exceeding the approved period, no compensation will be given.
article 25 the house expropriation department and the expropriated person shall, in accordance with the provisions of these regulations, sign a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property rights exchange, relocation expenses, temporary resettlement expenses or revolving houses, loss of production or business suspension, relocation period, transition mode and transition period.
after the signing 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 26 the house expropriation department and the expropriated person cannot reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or if the owner of the expropriated house is unclear, the house expropriation department shall report to the people's government of the city or county where the house expropriation decision is made, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this ordinance, and make an announcement within the scope of house expropriation.
the compensation decision shall be fair, including matters related to the compensation agreement stipulated in the first paragraph of Article 25 of these Regulations.
if the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
article 27 in the implementation of house expropriation, compensation and resettlement shall be made first.
after the people's government at the city or county level that made the decision on house expropriation has compensated the expropriated person, the expropriated person shall complete the relocation within the time limit agreed in the compensation agreement or determined in the compensation decision.
no unit or individual may force the expropriated person to move by violence, threat or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations. The construction unit shall not participate in the relocation activities.
article 28 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 people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
when applying for compulsory execution, materials such as the compensation amount, the account number of the purchasing and storage account, the location and area of the property right exchange house and the turnover house shall be submitted at the same time.
article 29 the house expropriation department shall establish a compensation file for house expropriation according to law, and publicize the household compensation within the scope of house expropriation to the expropriated person.
Audit institutions should strengthen supervision over the management and use of compensation fees, and announce the audit results to the public.
Chapter IV Legal Liability
Article 3 If the staff of the people's government at the city or county level and the house expropriation department fail to perform their duties as stipulated in these Regulations, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the people's government at a higher level or the people's government at the same level shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 31 if the expropriated person is forced to move by illegal means such as violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic, and losses are caused, he 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; If it constitutes a violation of public security administration, it shall be punished according to law. If it constitutes a violation of public security administration, it shall be punished according to law.
Article 32 If violence, threats or other means obstruct the lawful house expropriation and compensation, which constitutes 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.
Article 33 Anyone who embezzles, misappropriates, embezzles, intercepts or defaults on the compensation fee for land acquisition shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to informed criticism, the responsible unit; If losses are caused, it shall be liable for compensation according to law; 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. Give punishment according to law.
Article 34 If a real estate appraisal agency or real estate appraiser issues a false appraisal report or makes a major mistake, the issuing authority shall order it to make corrections within a time limit, give a warning to the real estate appraisal agency and impose a fine of not less than 5, yuan but not more than 2, yuan; A fine of not less than 1, yuan but not more than 3, yuan shall be imposed on the real estate appraiser and recorded 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 35 These Regulations shall come into force as of the date of promulgation, and the Regulations on the Administration of Urban House Demolition promulgated by the State Council on June 13, 21 shall be abolished at the same time. Before the implementation of these regulations, the projects that have obtained the house demolition permit according to law will continue to be implemented in accordance with the original provisions, but the government shall not instruct the relevant departments to forcibly remove them.
Baidu Encyclopedia-People's Republic of China (PRC) * * * *, National Regulations on Expropriation and Demolition Compensation