Compensation standard for rural house demolition in Chaohu, Anhui Province

The "Measures for Compensation and Resettlement of House Demolition by Expropriating Collectively Owned Land in Chaohu City Planning Area" has been adopted at the 57th executive meeting of the municipal government on 20 10/0, and is hereby issued to you, please follow it. 20 10 year 1 month 28th Measures for Compensation and Resettlement of House Demolition by Expropriating Collectively Owned Land in Urban Planning Area of Chaohu City Chapter I General Provisions Article 1 In order to standardize the compensation and resettlement of House Demolition by Expropriating Collectively Owned Land in Urban Planning Area of our city, protect the legitimate rights and interests of the parties involved in demolition and ensure the smooth progress of urban construction, Article 2 In accordance with the Land Administration Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this Municipality, these Measures are applicable to the demolition of houses and ancillary facilities on collectively-owned land in the urban planning area of Chaohu City, as well as the compensation and resettlement for the demolished people. Article 3 The demolition of houses on collectively owned land shall follow the principle of "demolition according to law and reasonable compensation and resettlement", conform to the overall land use planning and urban and rural planning, and be conducive to saving intensive land. Article 4 The term "demolisher" as mentioned in these Measures refers to the institution that implements the house demolition work of expropriation of collectively owned land. The term "demolished person" as mentioned in these Measures refers to the owner of the demolished house and its ancillary facilities. Article 5 The municipal department of land and resources shall, jointly with the municipal department of housing and urban-rural development, supervise and manage the compensation and resettlement for house demolition on collective land in this Municipality. City planning, development and reform, agriculture, public security, real estate, industry and commerce, human resources and social security, civil affairs, urban management administrative law enforcement and other departments shall, according to their respective functions and duties, * * * do a good job in the management of compensation and resettlement of collectively owned land. Article 6 The Juchao District People's Government and the Municipal Development Zone Management Committee shall, in accordance with the provisions of these Measures, be specifically responsible for the organization and implementation of compensation and resettlement for collective land and housing demolition in their respective jurisdictions. Chapter II Management of Demolition Article 7 After the announcement of the collective land expropriation plan, the relevant municipal departments, Juchao District and the administrative committee of the municipal development zone shall not handle the following matters within the scope of demolition: (1) Newly approved homestead and other construction land; (two) to handle the formalities for the change of housing and land use; (three) for the transfer of housing ownership and homestead use right transfer procedures; (four) to approve the construction, renovation and expansion of houses; (five) for households or households; (6) Issuing business licenses for industry and commerce. After the announcement of land acquisition, if the matters listed in this article are handled without authorization, it will not be recognized when the demolition is carried out. Eighth residents should be based on the relevant provisions of the collective land acquisition plan and these measures, formulate the implementation plan of collective land acquisition, housing demolition and compensation and resettlement. Ninth municipal land and resources departments in the audit of collective land expropriation and housing demolition compensation and resettlement implementation plan, it should be publicly informed that the demolition and other interested parties have the right to request a hearing. Demolition and other interested parties to apply for a hearing, the municipal land and resources department shall timely organize a hearing. Article 10 The municipal department of land and resources shall, within 5 days from the date of approval of the implementation plan for compensation and resettlement of collectively owned land and houses, issue a notice on compensation and resettlement, and announce the name of the construction project, the demolisher, the scope of demolition, the methods and standards of compensation and resettlement, the relocation period, the relief channels and other matters. Demolition should be announced to the demolition of specific compensation and resettlement programs, and do a good job in publicity and explanation. Eleventh houses on collectively owned land can be demolished by themselves, or other organizations with corresponding qualifications can be entrusted to carry out the demolition. Twelfth demolition and demolition should be signed in accordance with the provisions of the demolition compensation and resettlement agreement. The agreement shall specify the compensation standard and amount, payment period, resettlement method, location and area of resettlement house, delivery period of resettlement house, relocation period, transition mode, transition period, relocation subsidy and temporary resettlement subsidy, liability for breach of contract and other provisions that the parties think need to be concluded. Thirteenth after the signing of the demolition compensation and resettlement agreement, if one party fails to perform the agreement, the other party may apply to the Chaohu Arbitration Commission for arbitration according to the agreement, or bring a lawsuit to the people's court according to law. Chapter III Provisions on Compensation and Resettlement Article 14 The demolisher shall compensate and resettle the demolished person according to the purpose of the demolished house. Houses are divided into residential houses and non-residential houses. The term "residential houses" as mentioned in these Measures refers to houses used for daily life obtained in accordance with the law on collectively owned land. The term "non-residential houses" as mentioned in these Measures refers to the productive and public welfare houses obtained in accordance with the law on collectively owned land except residential houses. Without the approval of the planning or land administrative departments at or above the county level, the use of the house is changed without authorization, and the compensation for demolition is determined according to the original use of the house. Fifteenth houses on collective land demolition shall be compensated reasonably according to the area registered in accordance with the law in the demolition land and house ownership certificate or the area specified in the approved homestead approval form and house ownership certificate. Sixteenth any of the following circumstances, no compensation: (a) beyond the approved use period, or although the use period is not clear, but has been used for more than 2 years of temporary buildings; (two) the construction of residential houses after the demolition of the new homestead, but not returned to the original homestead, the original residential houses remain unchanged; (three) houses, temporary sheds and other facilities that have been newly built, rebuilt or added within the scope of demolition after the announcement of demolition; (four) flowers, seedlings and trees planted after the announcement of demolition; (five) other circumstances in which compensation is not given according to the regulations. Seventeenth residential housing demolition compensation and resettlement, property rights exchange and monetary compensation. People who are demolished can choose their own compensation and resettlement methods. Article 18 Where the demolished person chooses the way of property right exchange for resettlement, the resettlement area shall be calculated and determined according to the following provisions: (1) If the per capita construction area of the demolished house exceeds 40 square meters, the resettlement area shall be calculated according to the resettlement standard of 40 square meters per capita population, and monetary compensation shall be implemented for the excess; (two) the per capita construction area of the demolished house is less than 40 square meters, and the resettlement area can be calculated according to the per capita population of 40 square meters. Nineteenth the resettlement population of the demolished houses refers to the members of the collective economic organizations of the villagers' groups, and there are contracted land in the land contract of the villagers' groups. (1) Persons under any of the following circumstances are included in the resettlement population: 1, before the students' accounts in colleges and universities move in, before the accounts of active duty conscripts and non-commissioned officers are cancelled (except those that conform to the national military resettlement policy), before the accounts of reeducation-through-labor personnel are cancelled, etc. , and the original household registration relationship is in the location of house demolition; 2. One party's household registration is in the villagers' group, and the spouse or minor children's household registration is in a different place and there is no homestead and they do not enjoy the government welfare housing allocation policy; 3, to receive the "one-child parents honor certificate" of family households, an additional resettlement population; 4, in line with the provisions of laws, regulations and policies of the household conditions, given to the home; 5 other circumstances identified by the Municipal Certification Office. (2) In any of the following circumstances, it is not included in the resettlement population: 1, people who live in a house, foster care, send them to school or hang them empty; 2. Persons who leave the collective economic organization because of marriage, but do not live in the original villagers' group or occasionally, although their household registration has not moved out. Twentieth people who choose property rights exchange and resettlement shall be settled according to the following provisions: (1) The part that should enjoy the resettlement area shall be combined into a new mutual settlement price difference according to the current replacement price announced by the municipal government. (two) the part that exceeds the resettlement area that should be enjoyed shall be given monetary compensation at the replacement price. (three) the lack of enjoyment area (plus or minus 3%), the demolition requirements to make up, make up part of the replacement price announced by the municipal government to buy. (four) the difference between the agreed resettlement area and the actual resettlement area shall be settled by the municipal government at the current replacement price. (5) If the types of resettlement houses provided allow, each resettlement population can purchase resettlement houses with an area of no more than 4 square meters (including 4 square meters) at the cost price of resettlement houses. If the purchase area exceeds 4 square meters per capita (the per capita purchase area does not exceed 8 square meters), it shall be settled according to the market price assessed by the resettlement housing community. The cost price and evaluation market price of resettlement houses shall be formulated by the city investment company jointly with relevant departments and implemented after being approved by the municipal government. Twenty-first people who choose monetary compensation, the demolition of houses in accordance with the replacement price to give monetary compensation. The demolished person shall sign a monetary compensation and resettlement agreement with the demolished person, and the agreement shall specify the matters that the demolished person gives up the property right exchange and resettlement. Twenty-second ancillary facilities of the house to be demolished shall not be placed, and the demolisher shall give corresponding monetary compensation. Demolition of temporary buildings that have not exceeded the service life shall be appropriately compensated according to the replacement price combined with the remaining service life. The demolisher shall compensate the renovation cost of the demolished house. Twenty-third demolition of residential houses, the demolition of property rights exchange resettlement needs temporary transition, the demolition agreement should be clear about the transition period and transition mode, and give temporary resettlement subsidies to the demolition. Twenty-fourth demolition should be taken to pay relocation subsidies; The implementation of property rights exchange and resettlement needs temporary transition, the demolition should pay two moving subsidies. Twenty-fifth people should be removed within the prescribed time limit to complete the relocation. Relocation in advance, the demolition can give appropriate incentives. Twenty-sixth non residential housing demolition, monetary compensation and resettlement. The compensation area shall be determined according to the provisions of Article 15 of these Measures, and the compensation standard shall be compensated according to the replacement price. Twenty-seventh demolition of non-residential houses caused by the demolition of production, business and relocation, transition, the demolition should be based on the demolition of housing construction area, combined with the demolition of housing use, location, operating conditions and other factors to pay a one-time economic subsidy. Twenty-eighth demolition of rental (lending) residential or non-residential housing, the user will not be resettled and compensated, and the owner of the house will handle the lease relationship by himself. Chapter IV Supervision and Management Article 29 Anyone who violates the provisions of these measures and interferes with, hinders or resists the demolition work shall be punished in accordance with relevant state laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirtieth units and individuals that harm the interests of farmers, occupy or misappropriate the compensation for demolition shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-first demolition staff dereliction of duty, abuse of power, corruption, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter V Supplementary Provisions Article 32 The demolition compensation and resettlement standards in these Measures shall be formulated by the municipal land and resources department in conjunction with the municipal housing and urban-rural construction, real estate and price departments, and promulgated and implemented after being approved by the Municipal People's Government. Thirty-third specific issues in the application of these measures shall be interpreted by the municipal land and resources department in conjunction with the municipal housing and urban and rural construction, real estate and other departments according to their respective responsibilities. Thirty-fourth outside the scope of the city planning area, the expropriation of collectively owned land, housing demolition compensation and resettlement, with reference to these measures. Article 35 These Measures shall be implemented as of the date of promulgation.