Provincial Governor
July 6
Measures for the Implementation of House Expropriation and Compensation on State-owned Land in Hubei Province
Contents
Chapter 1 General Provisions
Chapter 2 Expropriation Decision
Chapter 3 Collection and Assessment
Chapter 4 Expropriation and Compensation
Chapter 5 Legal Liabilities
Chapter 6 Supplementary Provisions
Chapter 1 General Provisions
Article 1 In order to regulate house expropriation and compensation activities on state-owned land, To safeguard social public interests and protect the legitimate rights and interests of owners of expropriated houses, in accordance with the "Property Law of the People's Republic of China", the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" (hereinafter referred to as the "Expropriation Regulations") and other laws and regulations, and in light of the actual conditions of this province, we have formulated this method.
Article 2: These measures apply to the expropriation and compensation of units and individual houses on state-owned land within the administrative region of this province.
Article 3. House expropriation and compensation should follow the principles of scientific and democratic decision-making, legal procedures, and fair and open compensation. When implementing house expropriation, compensation should be paid first and then demolished.
Article 4 The people's government at the higher level shall strengthen the supervision of the house expropriation and compensation work of the people's government at the lower level.
The competent department of housing and urban-rural development of the Provincial People's Government shall, in conjunction with the finance, land and resources, development and reform and other relevant departments at the same level, guide the implementation of house expropriation and compensation in the province.
Article 5 The municipal and county people’s governments are responsible for house expropriation and compensation within their respective administrative regions.
The people's governments at the municipal and county levels shall determine the house expropriation department and organize and implement the house expropriation and compensation work within their respective administrative regions.
Relevant departments of the people's governments at the city and county levels should cooperate with each other according to the division of responsibilities to ensure the smooth progress of house expropriation and compensation work.
Article 6 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The house expropriation department shall sign a written entrustment contract with the house expropriation implementation unit, clarifying the entrustment authority and scope as well as the rights and obligations of both parties. The working funds required by the housing expropriation implementation unit shall be determined by the housing expropriation department in conjunction with the financial department at the same level and included in the expropriation cost. The housing expropriation implementation unit shall not be for profit.
The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Article 7 House expropriation and compensation staff should be familiar with the laws and regulations on house expropriation and compensation, and have corresponding professional knowledge.
The house expropriation department and relevant units should entrust professional institutions with corresponding qualifications to complete the land use and planning demonstration, surveying and mapping, evaluation, legal, house demolition and other services involved in house expropriation. After the expropriation decision is announced, the housing expropriation department shall disclose relevant information of professional institutions.
Article 8 The supervisory authority shall strengthen supervision of the government and relevant departments and their staff involved in house expropriation and compensation. Audit agencies should strengthen audit supervision over the management and use of compensation fees and publish audit results.
Article 9 Any organization or individual has the right to report violations of these Measures to the relevant people's governments, housing expropriation departments and other relevant departments. Relevant people's governments, housing expropriation departments and other relevant departments that receive reports should verify and handle them in a timely manner.
Chapter 2 Expropriation Decision
Article 10 In order to protect national security, promote national economic and social development and other public interests, if there is any of the following circumstances and it is really necessary to expropriate a house, People's governments at the city and county levels should make decisions on house expropriation:
(1) National defense and diplomatic needs;
(2) Energy, transportation, water conservancy and other infrastructure organized and implemented by the government The needs of construction;
(3) The needs of public utilities such as science and technology, education, culture, health, sports, environment and resource protection, disaster prevention and reduction, cultural relics protection, social welfare, and municipal public utilities organized and implemented by the government ;
(4) The need for the construction of affordable housing projects organized and implemented by the government;
(5) The need for the reconstruction of old cities organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law;
(6) Other public interest needs stipulated in laws and administrative regulations.
Article 11 According to the provisions of Article 10 of these Measures, construction activities that really need to be expropriated shall comply with the national economic and social development plan, overall land use plan, urban and rural planning and special planning. The construction of affordable housing projects and the renovation of old areas should be included in the annual plans for national economic and social development at the municipal and county levels.
When formulating national economic and social development plans, overall land use plans, urban and rural plans and special plans, public opinions should be extensively solicited and scientific demonstrations should be conducted.
Article 12 If the provisions of Article 10 of these Measures are met, the house expropriation department shall reasonably determine the scope of house expropriation on state-owned land based on the planning opinions issued by the planning department.
According to the provisions of paragraph 5 of Article 10 of these Measures, houses to be renovated and expropriated in old urban areas shall meet the standards of concentrated dangerous houses or backward infrastructure. The specific standards shall be formulated by the people's government of the districted city. People's governments at the municipal and county levels shall organize relevant departments, units and professionals in land and resources, planning, construction, real estate management, and housing expropriation. Carry out appraisals according to specific standards and publish the appraisal results to solicit public opinions. Only when it is determined that dilapidated buildings are concentrated or infrastructure is backward can the old city be renovated.
Article 13 The house expropriation department shall organize the investigation and registration of the ownership, location, purpose and construction area of ??the houses within the scope of house expropriation, and the expropriated persons shall cooperate. The investigation results shall be announced to the persons subject to expropriation within the scope of expropriation.
Article 14: The name of the expropriated person, the nature of the house, the purpose of the house and the construction area, etc. , the record in the house ownership certificate issued by the real estate registration agency shall prevail; if the house ownership certificate is not recorded or the record is inconsistent with the house registration book, unless there is evidence to prove that the house registration book is indeed wrong, the house registration book shall prevail.
Article 15 The municipal and county people's governments shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of house expropriation in accordance with the law. Specific measures shall be formulated by the municipal and county people's governments.
Compensation shall be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; no compensation will be given to illegal buildings and temporary buildings that have exceeded the approved period.
Article 16 The house expropriation department shall work with the finance and audit departments to calculate compensation fees based on the investigation results.
Article 17 The house expropriation department shall formulate an expropriation compensation plan based on relevant laws and regulations, investigation results and calculations, and submit it to the municipal and county people's governments.
The municipal and county people's governments should organize relevant departments to demonstrate and publish the expropriation compensation plan and solicit public opinions. The period for soliciting opinions shall not be less than thirty days.
The house expropriation compensation plan should include the following contents:
(1) The purpose of house expropriation and the legal basis for house expropriation and compensation;
(2) Houses The scope of expropriation and the basic information of the expropriated houses;
(3) Compensation methods, compensation standards and calculation methods;
(4) The basic information and delivery time of property rights exchanged houses;
(5) Compensation standards and calculation methods for losses due to production and business suspension;
(6) Signing period of the compensation agreement;
(7) Relocation period and relocation transition Methods and transition period;
(8) Subsidies, rewards and calculation methods;
(9) Name of the entrusted housing expropriation implementation unit;
( 10) Other matters.
Article 18 The people's governments at the city and county levels shall promptly announce the solicitation of opinions and the modification of the compensation plan.
If houses need to be expropriated due to old city reconstruction, and during the opinion solicitation period, more than half of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of the "Expropriation Regulations" and these Measures, the municipal and county-level people's governments shall Organize hearings with the participation of expropriated persons and public representatives, and modify the expropriation compensation plan based on the hearing.
Article 19 The people's government of a city divided into districts shall coordinate the expropriation and compensation work within its jurisdiction. The expropriation and compensation plan formulated by the municipal district people's government shall be reported to the municipal people's government before making a decision on house expropriation.
Article 20: Before making a decision on house expropriation, the municipal and county-level people's governments shall designate departments with statutory responsibilities or entrust disinterested parties in accordance with the relevant provisions of the country and the province's social stability risk assessment. A third-party specialized agency conducts a social stability risk assessment on the legality, rationality, feasibility, and controllability of house expropriation, and formulates corresponding risk prevention, resolution, and disposal measures and emergency plans based on the assessment conclusions.
The conclusion of the social stability risk assessment should be an important basis for making a decision on whether to expropriate a house. No decision on housing expropriation shall be made without a social stability risk assessment.
Article 21 If a house expropriation decision involves a large number of people to be expropriated, it shall be discussed and decided at a government executive meeting. The specific number of people shall be stipulated by the city or county people's government.
Article 22 Before making a decision on house expropriation, compensation fees should be paid in full, stored in a special account, and used exclusively for special purposes. If the compensation fee is not in place, no decision to expropriate the house shall be made. If the exchange of house property rights is used to compensate the expropriated person, the value of the exchange of house property rights shall be included in the total compensation fee.
Article 23 The municipal and county people’s governments shall issue an announcement within seven days after making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights, consultation location, supervision telephone number and other matters.
If the expropriated person is dissatisfied with the house expropriation decision, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
City- and county-level people’s governments and housing expropriation departments should disclose relevant information on house expropriation and compensation in accordance with the law, and do a good job in publicity and explanation of house expropriation and compensation.
If houses are expropriated in accordance with the law, the state-owned land use rights will be recovered at the same time.
Article 24: After the scope of house expropriation is determined, no new buildings, reconstructions, expansions or changes in the use of houses shall be made within the scope of house expropriation. No compensation will be given for violations of regulations.
The housing expropriation department shall notify the land and resources, planning, construction, real estate management, industry and commerce, taxation and other departments in writing regarding the matters listed in the preceding paragraph to suspend relevant procedures in accordance with the law, and make an announcement to the public. The written notice shall specify the suspension period, which shall not exceed one year at most.
Chapter 3 Collection and Assessment
Article 25 The value of the expropriated houses and the houses whose property rights have been exchanged shall be determined by a real estate price evaluation agency with corresponding qualifications in accordance with the "Houses on State-Owned Land" The assessment will be carried out according to the "Measures for Expropriation and Assessment", and the assessment time will be the date when the decision to expropriate the house is announced.
Article 26 Real estate price evaluation shall be carried out in accordance with the technical standards and evaluation procedures prescribed by the state and with reference to the market price of similar real estate to the expropriated house.
Real estate price evaluation agencies, real estate appraisers and real estate price evaluation expert committees should carry out house expropriation evaluation and appraisal activities independently, objectively and impartially, and no unit or individual may interfere with house expropriation evaluation and appraisal activities.
Article 27 The municipal and county real estate management departments shall regularly publish to the public a directory of real estate price evaluation agencies that are registered in accordance with the law, have qualifications of Level 3 or above, and have no bad credit records, for the expropriated persons to choose from.
Article 28 The real estate price evaluation agency shall be selected by the expropriated person through negotiation; if the negotiation fails, it shall be determined by voting or drawing lots.
If the expropriated person negotiates to select a real estate price evaluation agency, the housing expropriation department will organize and implement it. Negotiations are conducted in the form of a consultation form, and the expropriated person shall submit the consultation form to the housing expropriation department for statistical verification within the specified period. Within seven working days, if more than two-thirds of the expropriated persons choose the same real estate price assessment agency, it will be regarded as a negotiated choice, and the housing expropriation department will announce the results of the negotiation.
If the expropriated persons fail to reach consensus within seven working days and determine the real estate price assessment agency through voting, the number of expropriated persons participating in the voting shall not be less than two-thirds of the total number of expropriated persons. If more than half of the expropriated persons participating in the voting choose the same real estate price assessment agency, it will be deemed as voting.
If voting or drawing of lots is used to determine the real estate price assessment agency, it shall be conducted publicly and notarized on the spot by a notary office, and the housing expropriation department shall announce the determination results.
Article 29 If you have any objection to the evaluation result, you should apply to the original real estate price evaluation agency for a review of the evaluation within ten working days from the date of receipt of the evaluation report. If you have any objection to the review results, you should apply for appraisal to the Municipal Real Estate Price Appraisal Expert Committee where the house is located within ten working days from the date of receipt of the review results.
Chapter 4 Expropriation and Compensation
Article 30 The municipal and county-level people's governments that make decisions on house expropriation shall provide the following compensation to the expropriated persons in accordance with regulations according to different circumstances:
(1) Value compensation for expropriated houses;
(2) Relocation compensation and temporary resettlement caused by expropriated houses;
(3) Causes caused by expropriated houses Compensation for losses.
Compensation for the value of internal decoration of the house in the value compensation of the expropriated house shall be determined by the house expropriation department and the expropriated person through negotiation; if the negotiation fails, a real estate price evaluation agency selected or determined in accordance with these Measures may be entrusted to conduct the evaluation. Assessment confirmed.
The people's governments at the city and county levels should formulate subsidies and reward measures, provide subsidies to those with special difficulties, and reward those who sign contracts and relocate on time.
Article 31 The expropriated person may choose monetary compensation or house property rights exchange.
If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide a house for property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the property rights exchanged with the expropriated person. Houses used for property rights exchange must comply with national quality and safety standards and must pass the completion inspection before they can be delivered for use.
If the expropriated person chooses to exchange the property rights of the house in the reconstruction area due to the expropriation of personal residences in the old city, the people's government at the city or county level shall provide houses in the reconstruction area or nearby areas.
Article 32: If an individual house is expropriated and the person being expropriated meets the conditions for urban housing security, the city or county-level people's government that makes the decision on house expropriation shall make the decision based on the relevant provisions of urban housing security and the conditions of the person being expropriated. Based on the actual situation, priority will be given to implementing housing security. Housing security and other departments should promptly handle the procedures related to affordable housing for the expropriated persons in accordance with the order of signing the compensation agreement and relocation.
Article 33 The municipal and county people’s governments shall formulate the building area standards for demolition compensation. When expropriating personal houses, if the building area of ??the expropriated house is less than the local minimum compensated building area and it is the only house of the expropriated person, compensation will be given based on the value of the house that is not less than the local minimum compensated building area.
Article 34 The compensation for the value of the expropriated houses shall not be lower than the market price of similar real estate of the expropriated houses on the date of announcement of the house expropriation decision.
Article 35 The standard rent and compensation standards for public housing shall be separately formulated by the municipal and county people's governments.
Article 36: When a personal house is expropriated, and the expropriated person chooses to exchange the property rights of the house, before the property rights exchange house is delivered for use, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide a turnover room; Those who provide transitional housing will no longer pay temporary resettlement fees.
Article 37 If production and business are suspended due to house expropriation, the loss compensation for the expropriated person shall meet the following conditions:
(1) The expropriated house has a house ownership certificate or It is recognized as a legal building, and the house is a non-residential building used for production, business, etc.;
(2) It has a legal and valid business license, and the residence (business place) stated in the business license is expropriated House;
(3) Tax registration has been completed and a tax payment certificate has been issued.
If there is a leasing relationship between the expropriated house and the production operator who is not the expropriated person, the compensation for loss due to production and business suspension and the compensation for interior decoration value will be distributed according to the agreement between the expropriated house and the expropriated person.
Article 38 To compensate for losses caused by house expropriation, the amount of compensation can be determined through negotiation between the house expropriation department and the expropriated person; if negotiation fails, an evaluation agency with corresponding qualifications can be entrusted to conduct evaluation and determination.
Article 39 Compensation for losses caused by house expropriation shall be determined based on the tax situation, business scale and the period of suspension of production and business before the house was expropriated.
Article 40 If a house is expropriated due to the suspension of production and business, and the expropriated person chooses to exchange property rights, the period of suspension of production and business shall be calculated according to the transition period agreed in the expropriation compensation agreement; if monetary compensation is selected, the period of suspension of production and business shall not exceed Six months calculation.
Article 41 If a personal house is expropriated and the person being expropriated changes the use of the house to commercial use, he shall be compensated according to the expropriation situation of the residential house; if a business license has been obtained in accordance with the law, compensation shall be paid according to the business situation and business use. Based on actual conditions such as age and tax status, appropriate subsidies will be given to the portion actually used for business operations. Specific subsidy measures shall be formulated by the municipal and county people's governments.
Article 42 The house expropriation department and the expropriated person shall, in accordance with the relevant regulations, negotiate the compensation method, compensation amount and payment period, property rights exchange location and area of ??the house, relocation costs, temporary resettlement costs or turnover Compensation agreements shall be entered into for matters such as housing, losses from production and business suspension, relocation period, transition method and transition period.
After a compensation agreement is concluded, if one party fails to perform its obligations under the compensation agreement, the other party may initiate litigation in accordance with the law.
Article 43 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the contract period specified in the expropriation compensation plan or the expropriated person is unknown, the house expropriation department shall report to the city that made the house expropriation decision. , the county-level people's government reports, makes compensation decisions based on the expropriation compensation plan, and announces it within the scope of house expropriation.
If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Article 44: After the city or county people's government that makes the decision to expropriate houses provides compensation to the expropriated persons, the expropriated persons shall complete the relocation within the relocation period stipulated in the compensation agreement or determined in the compensation decision.
Article 45 If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county level that made the decision on house expropriation shall The people's government shall apply to the people's court for compulsory execution in accordance with the law.
The application for enforcement should be accompanied by the amount of compensation, the account number of the special account, the location and area of ??the property rights exchange house and the turnover house.
Article 46 No unit or individual may force the expropriated person to relocate by means of violence, threats, or violation of regulations to interrupt water supply, heat supply, gas supply, power supply, and road transportation.
Before the housing expropriation department and the expropriated person have signed a compensation agreement or the people's government at the city or county level has not made a compensation decision in accordance with the law, no unit or individual may forcibly demolish the expropriated person's house, forcing the expropriated person to move.
Construction units are prohibited from participating in relocation activities.
Article 47 The house expropriation department shall establish house expropriation compensation files in accordance with the law, and announce the household compensation status to the expropriated persons within the scope of expropriation.
Chapter 5 Legal Responsibilities
Article 48 Staff members of municipal and county-level people’s governments and housing expropriation departments fail to perform their duties stipulated in these Measures during housing expropriation and compensation work , or abuse of power, neglect of duty, or engage in malpractice for personal gain, the superior administrative agency or relevant department shall order corrections and notify criticism; if losses are caused, the person shall be liable for compensation in accordance with the law; the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law; If a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 49 If the expropriated person is forced to relocate by using violence, threats or other illegal means or by interrupting water supply, heating, gas supply, power supply and road traffic in violation of regulations, he shall be ordered to make corrections; if losses are caused, he shall Bear liability for compensation in accordance with the law; the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law; if it constitutes a violation of public security management, he shall be punished in accordance with the law; if it constitutes a crime, he shall be held criminally responsible in accordance with the law.
Article 50 In violation of the provisions of these Measures, the house expropriation department and the expropriated person have not signed a compensation agreement or the city or county people's government has not made a compensation decision in accordance with the law, forcibly demolishing the expropriated person's house, forcing If the expropriated person relocates and causes losses, he shall be liable for compensation in accordance with the law; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 51: Anyone who embezzles, misappropriates, privately distributes, withholds or defaults on compensation shall be ordered to make corrections, the relevant funds shall be recovered, the illegal gains shall be returned within a time limit, and the relevant responsible units shall be warned and criticized; If losses are caused, the liability for compensation shall be borne in accordance with the law; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 52: Anyone who uses violence, threats or other methods to hinder the house expropriation and compensation work carried out in accordance with the law, which constitutes a violation of public security management, shall be punished in accordance with the law; if it constitutes a crime, criminal responsibility shall be pursued in accordance with the law.
Article 53 Anyone who forges, alters, buys and sells, steals, robs or destroys official documents, certificates or relevant certification materials of state agencies to defraud house expropriation compensation shall be recovered in accordance with the law, and the relevant responsible persons shall be investigated in accordance with the law. legal liability.
Article 54 If a real estate valuation agency or real estate appraiser issues a valuation report with false records or major errors, the issuing authority shall order it to make corrections within a time limit, give a warning, and impose a fine of 50,000 yuan on the real estate valuation agency. A fine of not less than 200,000 yuan but not more than 30,000 yuan shall be imposed on the real estate appraiser, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed on the real estate appraiser, and the fine shall be recorded in the credit file; if the circumstances are serious, the qualification certificate and registration certificate shall be revoked; if losses are caused, the real estate appraiser shall bear the liability for compensation according to law; constitute Anyone who commits a crime shall be held criminally responsible in accordance with the law.
Real estate price assessment agencies that collect fees in violation of regulations shall be punished by the price authorities in accordance with the law.
Chapter 6 Supplementary Provisions
Article 55 The municipal and county people’s governments shall formulate specific implementation rules in accordance with the provisions of these Measures.
Article 56: These Measures shall come into effect on September 1, 2020. Before the implementation of the expropriation regulations, projects that have obtained house demolition permits in accordance with the law will continue to be processed in accordance with the original regulations, but the government shall not instruct relevant departments to force demolition. Before the implementation of these Measures, projects for which a house expropriation decision has been made in accordance with the law shall be implemented in accordance with the compensation plan and relevant regulations stipulated in the original expropriation decision.