(Draft for Comment)
Chapter I General Provisions
Article 1 In order to strengthen the management of compensation and resettlement for house demolition due to expropriation of collective land, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of expropriation of collective land and project construction, according to the Land Administration Law of the People's Republic of China and the Implementation Regulations of the Land Administration Law of the People's Republic of China. "Regulations on Land Management in Hebei Province" and other relevant laws and regulations, referring to the relevant provisions on the management of house demolition on state-owned land, combined with the actual situation of this Municipality.
Article 2 In the urban planning area of Cangzhou City, these Measures shall apply to the compensation and resettlement for the demolition of houses and other buildings due to the expropriation of collective land.
Article 3 The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the right to use construction land according to law.
By the government unified purchasing and storage of land, by the municipal land reserve center as the demolition; Project land, with the approval of the project construction and land use rights of the unit for the demolition.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
The term "lessee" as mentioned in these Measures refers to the units and individuals that have a legal lease relationship with the demolished.
Fourth city land management department is the competent department of collective land housing demolition compensation and resettlement. The district and county people's governments where residents live are responsible for the specific work related to the compensation and resettlement of collective land and housing demolition. The township (town) people's government, neighborhood offices and village (neighborhood) committees where the residents are taken shall cooperate with the work of house demolition and resettlement on collective land.
All relevant departments shall, in accordance with the provisions of these measures, cooperate with each other to ensure the smooth progress of the management of house demolition.
Fifth people should be taken to the demolition of compensation and resettlement; The demolished person shall not obstruct the land acquisition, and shall complete the relocation within the prescribed time limit.
Chapter II Demolition Management
Article 6 After the expropriation of land is approved according to law, the district and county people's governments responsible for the specific implementation of compensation and resettlement shall, jointly with the municipal land administrative departments, formulate compensation and resettlement plans for house demolition according to these measures and the standards of the Measures for the Administration of Land Expropriation in Cangzhou City (Trial) (Order No.3 of Cangzhou Municipal People's Government [2003]).
The compensation and resettlement plan for house demolition shall be incorporated into the compensation and resettlement plan for land acquisition, and announced in the township (town) and village where the land is expropriated, and the opinions of the rural collective economic organizations and farmers whose land is expropriated shall be listened to. Those who apply for a hearing shall organize a hearing according to law.
The land requisition compensation and resettlement plan shall be implemented after being approved by the Municipal People's Government.
Seventh demolition and demolition shall sign a written agreement on compensation and resettlement for house demolition. The agreement shall include the methods and standards of compensation and resettlement, the payment of compensation fees, the relocation period, the location of the newly-built property exchange house, the start and end time of the project, the transition mode, the transition period and the liability for breach of contract.
The demolition compensation and resettlement agreement shall be reported to the municipal land administrative department for the record.
Eighth residents and residents due to compensation and resettlement standards disputes, can not reach an agreement or can not fulfill the agreement, in accordance with legal procedures. The dispute over compensation and resettlement does not affect the implementation of the land acquisition plan.
Refuse to dismantle within the prescribed time limit, the municipal land administrative department shall order it to dismantle and hand over the land, and apply to the people's court for compulsory execution if it refuses to hand over the land.
Article 9 After the pre-announcement of land acquisition is issued, the district and county people's governments and the municipal land management departments shall, according to the determined scope of land acquisition and demolition, notify the relevant departments to suspend the following matters:
(a) account migration, household;
(2) Issuing business licenses and temporary business licenses;
(3) Building, expanding or rebuilding houses;
(four) housing transactions, gifts, exchange, mortgage, pawn, lease;
(five) change the use of houses and land, land transfer.
The time to suspend the above matters is generally not more than one year.
Tenth because of the expropriation of collective land demolition of houses, the demolition of qualified units entrusted by the demolition. These measures have provisions on the management of the demolition and demolition implementation units, and if there are no provisions, they can be implemented with reference to the provisions of the "Measures for the Administration of Urban Housing Demolition in Cangzhou City".
Eleventh houses to be demolished need to be compensated at a fixed price, and the house evaluation should be conducted by an intermediary agency with real estate evaluation qualifications. Demolition should provide at least two intermediary agencies with real estate appraisal qualifications for demolition to choose.
Article 12 The evaluation results shall be published by the evaluation unit in a timely manner within the scope of demolition, and the contents of the evaluation results shall include: the legal construction area, construction area and evaluation amount of the demolished house and its appendages (houses, doorways, ceilings and other structures). ).
Thirteenth demolition and demolition in 10 days have objections to the evaluation, you can put forward a re-evaluation, or entrust other intermediary agencies with evaluation qualifications to re-evaluate, and determine the evaluation price in accordance with the following provisions:
(1) If the difference between the re-evaluation price and the original evaluation price is less than or equal to 5% of the original evaluation price, the original evaluation price shall be implemented, and the evaluation fee shall be paid by the entrusting party;
(2) If the difference between the re-evaluation price and the original evaluation price exceeds 5% of the original evaluation price and is less than 10%, it shall be determined as the average value of the two evaluation prices, and the re-evaluation fee shall be paid by the client and the original evaluation agency.
(3) If the difference between the two evaluation prices is equal to or greater than the first evaluation price 10%, the municipal land administrative department shall organize relevant professional and technical personnel or designated evaluation agencies to make an evaluation, and determine it according to the results of the third evaluation. The third assessment fee shall be paid by the assessment agency with large difference between the first, second and third assessments.
If the re-evaluation result and the re-evaluation result still cannot reach an agreement, you can apply for technical appraisal to Cangzhou Real Estate Price Appraisal Expert Committee within 7 days after receiving the evaluation report, and the appraisal fee shall be borne by the responsible party.
Article 14 When evaluating the demolished houses, the evaluation institution shall notify the demolished persons to be present. If the demolished persons do not cooperate after receiving the notice, the evaluation institution may make an evaluation, and its evaluation behavior is effective.
Fifteenth demolition of houses with property disputes, the demolition, village collective compensation scheme and the parties to negotiate, negotiation fails, after the demolition of houses to save evidence, in accordance with relevant laws and regulations, the implementation of compulsory demolition.
Chapter III Compensation and Resettlement for Demolition
Sixteenth housing demolition can be monetary compensation, or provide unified housing for property rights exchange, where conditions permit, can also provide homestead placement.
Article 17 The formula for calculating monetary compensation is:
Monetary compensation price = (reset to new price × construction area)+(homestead location compensation price × legal homestead area)+subsidiary compensation price+demolition incentive price.
The standard and calculation rules for the compensation price of homestead location shall be formulated by the municipal land administrative department and implemented after the approval of the Municipal People's government. The price standard of compensation for homestead location should be adjusted in time and announced to the public.
The demolition reward price is determined according to the specific demolition and resettlement situation, and the maximum price shall not exceed 10% of the assessed price of the demolished house.
In accordance with the provisions of the preceding paragraph, monetary compensation shall be given to the people who have been demolished, and housing placement shall not be carried out or the homestead shall be approved separately.
Eighteenth the implementation of property rights exchange, the demolition and demolition should calculate the amount of compensation for the demolition of houses and the price of the exchange of houses, and settle the price difference of property rights exchange.
Price of resettlement house = construction area of resettlement house × (price of land use right per unit area of resettlement house+construction cost of resettlement house Jian 'an square meter). If the resettlement house is equipped with a utility room, the valuation standard of the utility room is 60% of the construction cost of the resettlement house. (Xiamen)
The price of resettlement houses is determined by the evaluation results of qualified real estate evaluation agencies.
Nineteenth the legal basis of the house to be demolished shall be based on the house ownership certificate, land ownership certificate or legal construction procedures held by the demolished person before the announcement of land pre-requisition.
Twentieth the original purpose of the demolished house shall be based on 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. If the house is changed to business use without approval, it will be compensated according to residential use.
Twenty-first demolition compensation to determine the housing construction area, to the housing ownership certificate, land ownership certificate marked area shall prevail; Without obtaining the house ownership certificate and land ownership certificate, but with the construction documents approved by the planning administrative department, it shall be determined according to the approved construction area.
Where the actual construction area is inconsistent with the area indicated on the legal certificate, the area on the legal certificate shall prevail.
Article 22 If the house built on the homestead before the implementation of these Measures fails to obtain the house ownership certificate, the land ownership certificate and the approval document of the planning administrative department, meets the application conditions of the homestead, and is indeed a long-term resident, appropriate compensation shall be given according to the assessed housing construction and installation costs.
To determine whether the demolished person meets the compensation conditions stipulated in the first paragraph of this article, the demolished person shall apply to the villagers' committee, which shall be audited by the township (town) people's government and reported to the municipal land administrative department for approval.
Twenty-third after the announcement of land pre-requisition, if the demolished person has obtained legal building procedures but the new house has not yet been built, the demolished person shall immediately stop building, and the demolished person shall make compensation according to the evaluation results.
Twenty-fourth the following circumstances shall not be compensated:
(a) illegal construction;
(2) Failing to demolish temporary buildings within the time limit or unconditionally demolishing temporary buildings after approval;
(three) the old houses that have been built and should be demolished but not demolished;
(four) after the release of the pre-announcement of land acquisition, the demolition of the house and its attachments for new construction, renovation, expansion or surprise decoration.
Article 25 If rural villagers meet the conditions for the examination and approval of homestead, but have not actually obtained homestead, and it is indeed difficult to resettle according to the implementation plan of demolition, the demolished person may apply for resettlement according to the resettlement price of unified resettlement house after being audited by the township (town) people's government and approved by the municipal land administrative department, and the resettlement area shall not exceed 35 square meters per person who needs resettlement, except that the demolition implementation plan determines that the homestead shall be separately approved for compensation and resettlement.
Twenty-sixth demolition of non-residential houses, all monetary compensation, land compensation fees paid to the village collective economic organizations according to the comprehensive land price standard of urban land acquisition area. Buildings on the ground with legal approval procedures shall be compensated to the owner of the house at the new price.
Twenty-seventh provide homestead resettlement, the demolition of houses in accordance with the replacement price combined into a new price to give monetary compensation. The compensation for house demolition does not include the location compensation price of the homestead, and the land compensation fee is paid to the collective economic organization according to the comprehensive land price.
The calculation formula is: monetary compensation price = replacement price × building area+subsidiary compensation price+demolition incentive price.
Homestead resettlement should be subject to the overall urban planning and urban land use planning. The control standards and examination and approval of each household's homestead area shall be implemented in accordance with the land management regulations and the relevant provisions of this Municipality.
Conditional village collectives can resettle the immigrants built by the village collectives in the approved collective construction land.
Twenty-eighth people or the lessee of the house to be demolished generally solve it by themselves. The demolisher shall pay temporary resettlement subsidies and relocation subsidies to the demolished person or the lessee of the demolished house in accordance with the following standards.
(a) the implementation of monetary compensation, one-time settlement of relocation compensation, the subsidy standard according to the demolition of housing construction area per square meter of 8 yuan (except for breeding houses).
(two) the implementation of property rights exchange, the demolition of their own arrangements for the transition, the transition period is generally eighteen months, the longest shall not exceed two years. Relocation subsidy shall be paid according to the construction area of the demolished house per square meter 16 yuan, and temporary resettlement subsidy shall be paid according to the construction area of the demolished house per square meter per month in 4 yuan. The demolition of housing turnover, do not pay temporary resettlement subsidies.
The lessee of the demolished house only enjoys a relocation allowance in the demolition, and does not enjoy the temporary resettlement allowance.
Article 29 If the relocation house cannot be delivered on schedule due to the responsibility of the residents, and the transition period is extended, the residents shall continue to pay the temporary resettlement subsidy for the extended period, and increase the temporary resettlement subsidy in accordance with the provisions of the Measures for the Administration of Urban Housing Demolition in Cangzhou City. (self-arranged residence, overdue for less than half a year, increased by 25%, increased by 50% for more than half a year but less than two years, increased by 75% for more than one year and increased by100% for more than two years; If residents provide revolving houses, they will pay 25% of the temporary resettlement subsidy for less than one year, 50% for more than one year and less than two years, and 75% for more than two years overdue).
Thirtieth demolition of the original pipeline gas, wired telephone, cable TV, broadband network, etc. , should pay a one-time transfer fee according to the current industry standards; If it is really impossible to move, the initial installation fee should be paid according to the current price standard.
Thirty-first houses demolished by the demolition, the residual value belongs to the demolition. Houses that do not calculate the compensation for demolition shall be demolished free of charge within the time limit specified in the demolition notice.
Thirty-second the deed tax of the house purchased by the demolition and the compensation value of the house to be demolished shall be reduced or exempted by the collection department according to the demolition compensation and resettlement agreement. The deed tax that exceeds the compensation value of the demolished house shall be paid by the demolished person. If you purchase commercial housing outside the resettlement area by yourself, the deed tax shall be borne by the purchaser. (For tax-related clauses, it is recommended to seek the opinions of the tax authorities)
Thirty-third who actively cooperate with the relocation, relocation can be issued to the relocation bonus. The bonus payment methods and standards shall be announced separately together with the demolition compensation and resettlement announcement.
Chapter IV Legal Liability
Article 34 If the personnel responsible for the implementation of compensation management of collective land and house demolition, in violation of the provisions of these measures, expand the scope of compensation and increase the amount of compensation without approval, fail to perform their duties of supervision and management, or fail to investigate and deal with illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Thirty-fifth approach by the municipal land administrative departments responsible for the interpretation of.
Article 36 These Measures shall be implemented as of the date of promulgation. Before the promulgation of these measures, the compensation and resettlement for house demolition has not been carried out, and these measures shall be implemented.