Tiedong District and Tiexi District People's Governments, and relevant departments of the municipal government:
The "Compensation Plan for the Proposed Expropriation of Houses in Shanty Towns in Siping City" has been approved by the municipal government and is now issued to you. Please follow it carefully.
Siping Municipal People's Government Office
October 10, 2013
Compensation plan for the proposed expropriation of houses in shanty towns in Siping City
According to the provincial Regarding the government's arrangements for the reconstruction of shantytowns, in accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land (State Council Order No. 590) and relevant laws and regulations, the municipal government will organize relevant departments to study and demonstrate, and plan to decide on the redevelopment of shantytowns that have been identified. Houses within the planning scope of districts 9#, 9#-8, 18#, 26#, 12#, thatched houses, and 207 historical district plots will be expropriated. In order to safeguard the interests of the public and protect the legitimate rights and interests of owners of expropriated houses, this plan is formulated based on the actual situation of this city.
1. Principles of expropriation and compensation
Based on the principles of democratic decision-making, due process and open results.
2. Expropriation Scope
(1) Plot 9#-8: East to Dongfeng Machinery Equipment Co., Ltd., west to Nanyi Jing Street, south to Planning South Liuwei Road, North to the planning south Wuwei Road. To the east is Tongda Steel Pipe Co., Ltd., to the west is Nanyi Jing Street, to the south is Nanhe, and to the north is Changqing Vegetable Wholesale Market, Municipal Commercial Storage and Transportation Company, Jilin Hongtai Construction Group Co., Ltd., Wangdu Agricultural Products Refrigeration and Preservation Warehouse, and Municipal Fan Factory. south wall. It starts from Yijing Street in the east, to Nanhe in the west, to Nanhe in the south, and to Songyuan Grain Collection and Storage Company in the north.
(2) Lot 9#: bounded by Eleven Jing Street in the east, Er Jing Street in the west, North Yiwei Road in the south, and the south wall of Haohua Company in the north.
(3) Lot 12#: bounded by Pingdong Street in the east, Dongfeng Machinery Equipment Co., Ltd. in the west, Planning South Liuwei Road in the south, and Dongfeng Machinery Equipment Co., Ltd. in the north. It reaches Dongfeng Machinery Equipment Co., Ltd. in the east, Nansi Jing Street in the west, Liukongqiao Road in the south, and Dongfeng Machinery Equipment Co., Ltd. in the north.
(4) Plot 26#-4: bounded by Dongfeng Road in the east, planned Nanqiwei Road in the west, Nanhe in the south, and Pingxi Dongxi Road in the north. It reaches Nanhe in the east, Dongfeng Road in the west, Nanhe in the south, and Pingdong Road in the north.
(5) Plot 18#-4: bounded by the Third Chemical Plant in the east, Nanyi Jing Street in the west, Beihe in the south, and planned Fuxing Road in the north.
(6) Plot 18#-3: To the east is the army ammunition depot and Liye Village Resin Factory, to the west is Beijing Street, to the south is Fuxing Road, and to the north is the Martyrs Cemetery.
(7) 207 Historical Block Plot: To the east is the Harbin-Dalian Railway, to the west is Bei Renxing Street, to the south is Aimin Road, and to the north is Beigou Xincun Community.
(8) Cao Lafang (Building 35# and 62# of South Tiyu Street) plot: bounded by Qingnian Street in the east, Xinhua Street in the west, Fucai Road in the south, and 60# in South Tiyu Street in the north. building.
The final planning scope shall prevail.
3. Expropriation subject
District People’s Government
4. Expropriation department
District Housing and Urban-Rural Development Bureau
5. Expropriation Implementation Unit
District Housing Expropriation Handling Center
6. Organization and Implementation
The main responsibilities of the municipal government (administered by the Municipal Housing and Urban-Rural Development Co., Ltd. The Bureau is responsible for the specific implementation): assigns expropriation tasks according to the expropriation plan; is responsible for the formulation and modification of house expropriation and compensation methods and related documents on state-owned land in Siping City; is responsible for supervising and guiding the house expropriation and compensation work; is responsible for organizing and promoting relocation and resettlement work; Responsible for the collection, storage, payment and use supervision of housing expropriation and compensation funds.
The main responsibilities of the district government: Responsible for the specific organization and implementation of house expropriation work on shanty town reconstruction plots; Responsible for all procedures from the legality review to the completion of house expropriation projects; Responsible for negotiating and signing house expropriation compensation agreements with expropriated persons; Respond to all lawsuits arising from house expropriation; perform other duties stipulated in regulations.
7. Collection implementation time
It will be implemented from the date of announcement of the collection decision.
8. Expropriation and compensation signing period
The expropriation and compensation signing period is within 60 days from the date of announcement of the house expropriation decision.
9. Relevant Regulations
(1) After the expropriation scope is announced, no unit or individual may conduct the following activities on the houses and land within the expropriation scope:
1. Newly built, renovated, expanded and renovated houses.
2. Change the use of the house.
3. Household registration transfer.
4. Other behaviors that inappropriately increase compensation fees.
(2) The construction area and purpose of the expropriated house shall be determined based on the area and purpose marked on the house ownership certificate issued by the housing management department; if the house ownership certificate is not marked, the property registration shall be used. The area and purpose indicated on the registration card shall prevail.
If the area in the property rights certificate does not match the actual building area, the surveyed area in the corresponding surveying and mapping report issued by a surveying and mapping company with surveying and mapping qualifications shall prevail.
Houses without legal property rights certificates will be investigated, identified and dealt with by the municipal government’s planning and other relevant departments. Compensation will be given to temporary buildings that are deemed to be legal construction and have not exceeded the approved period; no compensation will be given to temporary buildings that are deemed to be illegal construction and have exceeded the approved period.
10. Basic situation of expropriated houses
The total number of households to be expropriated is 6,997, and the building area to be expropriated is approximately 520,650 square meters. Among them: 1,654 households should be expropriated for the shantytown reform plot 9#, and the building construction area to be expropriated is about 113,700 square meters; 1,297 households should be expropriated for the 9#-8 plot for shantytown renovation, and the building construction area to be expropriated is about 84,500 square meters; 12# The land should be expropriated to 367 households, with a building area of ??about 42,500 square meters; the 26# land should be expropriated for 960 households, with a building area of ??about 71,750 square meters; the 18# land should be expropriated for 2,420 households, with a building area of ??about 71,750 square meters. The construction area to be expropriated is about 169,400 square meters; the Cao La House plot should be expropriated for 160 households, with a construction area of ??about 13,900 square meters; the 207 historical block plot should be expropriated for 139 households, with a construction area of ??about 24,900 square meters.
11. Compensation method
The expropriated person’s residence and business network can choose monetary compensation, or they can choose to relocate back through property rights exchange.
12. Compensation Standards
(1) Standards for monetary compensation selected by persons whose residential houses have been expropriated. The amount of monetary compensation shall be assessed by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method, and the assessed price shall be used as the compensation standard. And a monetary reward will be given based on 20% of the price per square meter.
(2) If the expropriated person chooses to exchange property rights, the basic unit types of the property rights exchanged residential houses are 14 basic unit types, namely: 40㎡, 45㎡, 50㎡, 55㎡, 60㎡, 65㎡ , 70㎡, 75㎡, 80㎡, 85㎡, 90㎡, 95㎡, 100㎡, 105㎡. Those with an expropriated area of ??less than 40 square meters (including 40 square meters) will be resettled to 40 square meters; those above 40 square meters and within 45 square meters (including 45 square meters) will be resettled to 45 square meters; those above 45 square meters and within 50 square meters (including 50 square meters) will be resettled to 50 square meters. ㎡; above 50㎡ and within 55㎡ (including 55㎡) shall be placed to 55㎡; above 55㎡ and within 60㎡ (including 60㎡) shall be placed to 60㎡; above 60㎡ and within 65㎡ (including 65㎡) Those above 65㎡ and within 70㎡ (including 70㎡) shall be resettled to 70㎡; those above 70㎡ and within 75㎡ (including 75㎡) shall be resettled to 75㎡; those above 75㎡ and within 80㎡ shall be resettled ( Those above 80㎡ and within 85㎡ (including 85㎡) will be relocated to 85㎡; those above 85㎡ and within 90㎡ (including 90㎡) will be relocated to 90㎡; those above 90㎡ will be relocated to 85㎡. Those within 95㎡ (including 95㎡) shall be relocated to 95㎡; those above 95㎡ and within 100㎡ (including 100㎡) shall be relocated to 100㎡; those above 100㎡ shall be relocated to 105㎡;
1. Expropriation of multi-story residential buildings with legal property rights certificates
(1) Implement the "expropriation of one point for one point and two points", no price difference is required, and the property rights belong to the expropriated person.
(2) Calculation standard for increased area
The increased area close to the apartment type will be settled at an average construction and installation cost price of 1,800 yuan/㎡, and the increased area beyond the resettlement area will be settled as resettlement Settlement of land commercial housing prices.
(3) Compensation for interior decoration, etc. of the expropriated person shall be assessed by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method, and the assessed price shall be used as the compensation standard.
(4) For residents of a building, the property owner privately builds a mezzanine to form an attic without the approval of the relevant departments. According to the "Real Estate Measurement Specifications" (National Standard of the People's Republic of China GB/T17986-2000), "the mezzanine, interlayer, technical layer in the house and its stairwell, elevator room and other parts with a height above 2.20M are calculated. "Building Area" stipulates that the area of ??an existing privately built attic with a floor height of 2.2 meters or more, which has actual residential functions, will be included in the indoor licensed area for compensation after actual measurement by the surveying and mapping company, and the property rights will belong to the expropriated person.
2. Expropriation of residential bungalows
(1) Expropriation of residential houses with legal property rights certificates (including state-owned land use certificates), and if the expropriated person chooses to exchange property rights, the "expropriation of one-story house" will be implemented "One point for one point", no price difference is required, and the property rights belong to the expropriated person.
(2) If the expropriated residential houses without legal property rights certificates and with residential functions are expropriated and the expropriated person chooses to exchange the property rights, the urban planning administrative department shall determine that the houses were built before 1984 (including 1984). For a house, the expropriator will give it "one point for one expropriation", and the property rights will belong to the expropriated person. As determined by the urban planning administrative department, the residential houses built after 1984 and before 2001 (including 2001) shall be converted into area with a proportional coefficient of 0.54 per square meter; if they are built after 2001 and before 2007 (including 2007) For residential houses built, the area shall be converted according to the proportion coefficient of 0.46 per square meter of building area. The converted area will be paid by the expropriator "one point for one point expropriated" without any price difference, and the property rights will belong to the expropriated person.
(3) For expropriated persons who move within the specified time range, the area of ??the houses with licenses will be calculated according to the property ownership certificate, and the area of ??unlicensed houses will be reduced according to the provisions of this article, and 10% of the area of ??the houses of the expropriated persons will be rewarded.
The expropriated person has both residential houses with legal property rights certificates and residential houses without legal property rights certificates. The residential houses without legal property rights certificates used by the expropriated people will be converted into the same area as those with legal property rights certificates according to these regulations. The house area and reward area will be combined for resettlement.
(4) Calculation standard for increased area
The increased area close to the apartment type will be settled at an average price of 1,800 yuan/㎡, and the increased area beyond the area to be resettled will be settled at the price of commercial housing.
(5) The expropriated person’s attachments (including warehouses, toilets, permanent vegetable cellars, walls, gates, etc.) will be compensated based on the assessed price.
3. If the expropriated person holds the "Urban Resident Minimum Living Security Fund Receipt Certificate" issued by the civil affairs department and continues to receive the security fund, the area of ??the house with legal property rights certificate and the bonus area are still insufficient after combining If the area is 40 square meters, it will be resettled to 40 square meters free of charge after verification and confirmation by the housing expropriation department. The property rights of the increased area for free will belong to the government.
4. If the property ownership certificate of the expropriated house is recorded as a residence, but the expropriated person uses the house to engage in business activities, the resettlement compensation will be as a residential house.
For residential houses that have a valid industrial and commercial business license and are engaged in business activities at the time of collection, the loss fee for production and business suspension shall be calculated based on the actual tax threshold × 15% × 3 months. If the minimum tax threshold is not reached, the minimum tax threshold will be calculated, that is, the monthly loss from production and business suspension is 20,000 yuan/month × 15% = 3,000 yuan, calculated based on 3 months.
5. Expropriation of residential houses with self-managed property rights by the unit. If the unit gives up the property rights, proof of the unit's surrender of property rights must be provided. The unit should present the unit's house ownership certificate or the unit's fixed assets account or original financial documents as the basis. Confirm and have the opinion signed by the legal representative or person in charge of the unit. After meeting the requirements, compensation will be based on residential houses with private property certificates.
If the unit does not give up its property rights, compensation will be provided in the proportion of 30% for the unit and 70% for the individual of the expropriated house area. If the expropriated person chooses to exchange property rights, he or she will be compensated based on 70% of the area of ??personal income, and the property rights will belong to the expropriated person. The increase in area shall be implemented in accordance with the provisions of this plan.
If the expropriated person chooses monetary compensation, a real estate price assessment agency with corresponding qualifications will evaluate 70% of the area occupied by the expropriated person in accordance with the house expropriation assessment method, and the assessed price will be used as the compensation standard. 30% of the property rights unit's income will be compensated based on 30% of the assessed price of the expropriated house.
6. For expropriation of self-built public-assisted houses, the investor shall issue a property rights relinquishment certificate with an official seal, signature of the legal person, and issue a ledger or be stamped by the competent bureau and verified by on-site staff. , implement "one expropriation for one", no price difference will be found, and the property rights will belong to the expropriated person.
7. For the expropriation of independent residential houses without legal property rights certificates and with independent household registration, after converting the area according to regulations, multiplying by the coefficient and adding bonus area, the average construction and installation cost price for the above-mentioned units with insufficient area is 1,800 yuan/ The settlement is based on square meters, and any additional area will be settled according to the price of commercial housing.
8. The expropriation of houses with legal property rights certificates and houses without legal property rights certificates should be combined and resettled. However, if there are multiple households living in them, they have multiple household registrations (the street or community must issue a long-term residence certificate), and they have legal property rights. Houses with certificates and houses without legal property rights certificates can be resettled in separate households. Houses with legal property rights certificates can be compensated according to this plan, and enjoy settlement based on the construction and installation cost price based on the floor area; houses without legal property rights certificates are converted according to the provisions of this plan and bonus area is added, and only enjoy 5 square meters at the construction and installation cost price with an average price of 1,800 yuan/ Preferential policy for square meter settlement, the insufficient area and additional area will be settled according to the price of commercial housing.
9. If the area of ??the expropriated house is large and the area of ??the house type provided for relocation cannot meet the relocation requirements, you can divide it into households and choose the type of house to be relocated. However, no matter how many households are divided into, the area of ??the expropriated house can only be Enjoy the preferential policy of settling the area according to the unit type up to a maximum of 5 square meters, and the rest of the additional area will be settled at the price of commercial housing.
10. If the expropriated person lives in only one house and requires to be divided into households, he can be resettled into households. However, he will only enjoy the original house area and enjoy the one-time increase in area close to the basic unit type, and the area will be settled at the construction cost price. The excess area will be settled at the price of commercial housing.
11. Regarding disabled people with lower limbs and residents who are inconvenient to live in high-rise buildings due to illness
The family members of the expropriated person are disabled people with lower limb disabilities or blindness, and they actively cooperate with the expropriation If you are working, if you apply in person and need care, the on-site staff will verify it, and hand in a copy of the disability certificate to indicate lower limb disability or blindness on the agreement; if you are over 75 years old or unable to go to a high-rise due to serious illness, Relevant certificates issued by formal medical institutions, verified by on-site staff, and comprehensive materials issued, can be taken care of and placed on the first floor when moving back.
12. If the expropriated person who chooses property rights exchange involves the relocation of natural gas, cable TV, broadband and other facilities, the expropriated person will be responsible for the relocation; if the expropriated person chooses monetary compensation, the expropriated person will be moved by the expropriated person according to the amount provided by the expropriated person. Valid bills such as initial installation fees will be compensated.
(3) Expropriation of garages
1. Expropriation of garages (including underground garages) with legal property rights certificates, and if you choose to exchange property rights, "one for one" will be implemented, and no price difference will be charged. The property rights belong to the expropriated person.
2. If you choose monetary compensation for the expropriation of garages (including underground garages) with legal property rights certificates, or the expropriation of garages (including underground garages) without legal property rights certificates, the real estate appraisal agency with corresponding qualifications shall follow the house expropriation assessment methods. Evaluate it and use the evaluated price as the compensation standard.
(4) Expropriation of non-residential houses
1. Expropriation of non-residential houses (including buildings and bungalows) with legal property rights certificates, and the expropriated party requires the exchange of property rights, the "expropriation of one house" shall be implemented "Repay one", no price difference is required, and the property rights belong to the expropriated person.
The increased area for relocation will be settled at the price of commercial housing.
2. The expropriation of non-residential houses with legal property rights certificates and the selection of monetary compensation and the expropriation of non-residential houses without legal property rights certificates should be evaluated by a real estate price evaluation agency with corresponding qualifications to evaluate the price. Compensation will be given as compensation standard.
3. When non-residential houses are expropriated, their production equipment, ancillary facilities, and raw and auxiliary materials will be dismantled and relocated by the expropriated parties themselves. The costs incurred will be assessed by an appraisal agency with corresponding qualifications to assess the price. as compensation standard.
4. The objects of compensation for losses due to suspension of production and business operations must meet the following conditions at the same time:
(1) The purpose of the house recorded in the house ownership certificate or house registration book is for production and business purposes. Residential houses.
(2) Have a legal and valid business license.
(3) Have gone through tax registration and have tax payment certificates.
(4) Production and operations were still continuing on the date of announcement of the expropriation decision, and losses due to the suspension of production and business were caused by the expropriation of houses.
Except as otherwise provided by laws and regulations.
5. Compensation scope for losses due to production and business suspension:
(1) Compensation for net profit losses during the suspension of production and business.
(2) Compensation for employee wage losses during the suspension of production and operations.
6. Compensation standards for losses due to suspension of production and business:
(1) Compensation for net profit losses during the suspension of production and business shall be calculated based on the average net profit of the previous year on the date of the announcement of the house expropriation decision, specifically based on The tax payment certificate for income tax payment shall prevail.
(2) Compensation for employee wage losses during the suspension of production and operations shall be determined based on the number of employees who paid employee pension insurance on the date of the announcement of the expropriation, and the compensation standard shall be determined based on the pension insurance payment base and compensation shall be provided.
(3) If the income tax payment certificate or pension insurance payment certificate cannot be provided, compensation for net profit and employee wage losses will be compensated by the relevant departments after calculating the net profit value.
7. Compensation period for losses caused by suspension of production and business:
(1) If property rights exchange compensation is chosen, the period from the date of signing the property rights exchange agreement to the date when the property rights exchange house is delivered to the expropriated person Ending in the next 3 months.
(2) If monetary compensation is selected, the relevant department will provide a one-time compensation for the three-month production and business suspension losses after calculating the net profit value. (From the date of signing the monetary compensation agreement, a one-time compensation for losses due to production and business suspension for 3 months will be given.)
8. If the property owner of the expropriated house is inconsistent with the producer or operator, the loss due to production and business suspension will be compensated at one time. The standard is the same as the compensation standard when the property owner produces and operates on its own.
The distribution of compensation for losses due to production and business suspension shall be carried out according to the agreement if there is an agreement between the two parties; if there is no agreement, the distribution shall be negotiated by both parties; if the negotiation fails, the housing expropriation department shall process the deposit and notarization of the compensation for losses due to production and business suspension. Payment shall be made after negotiation between the parties or after the outcome of the litigation is determined.
(5) Compensation for the expropriation of houses owned by enterprises and institutions
They should be evaluated by a real estate price evaluation agency with corresponding qualifications, and compensation will be given based on the evaluated price as the compensation standard. The production equipment, ancillary facilities, and raw and auxiliary materials will be dismantled and relocated by the expropriated person on his own. The costs incurred will be assessed by an assessment agency with corresponding qualifications, and the assessed price will be used as the compensation standard.
If the collector is responsible for demolition and relocation, the collector will no longer pay the costs incurred for demolition and relocation.
13. Relocation location, time and relocation number selection method
If property rights exchange is chosen, the location of the property rights exchange house will be resettled within an area of ??no more than 2 kilometers. The transition period for resettlement is 30 months.
In the selection of relocation housing, the expropriated person shall choose the relocation housing from the smallest to the largest within the range of relocation housing provided by the expropriator according to the sequence number indicated on the property rights exchange agreement. When the housing supply is guaranteed, the expropriated person is not allowed to refuse to move back in because of the inappropriate location of the building or floor.
14. Relocation subsidy
If the user of a residential house moves due to expropriation, each household will be given a one-time relocation subsidy of 500 yuan.
15. Temporary resettlement fees for residential houses
If the expropriated person settles a transitional house on his own, before the property rights are exchanged and the house is delivered, the housing expropriation department shall pay the expropriated person a temporary payment based on the expropriated area of ??the house. The resettlement fee is 9 yuan/month/㎡ (based on the area of ??the property rights certificate. Houses without legal property rights certificates will be calculated based on the converted area. If the area does not meet the minimum resettlement house type, it will be calculated according to the minimum resettlement house type). If the collector fails to organize the relocation of the expropriated persons as scheduled, the temporary resettlement subsidy will be doubled to the expropriated persons on a monthly basis.
The expropriated persons shall settle monetary compensation such as moving expenses, decoration compensation, etc. when they are relocated.
16. Security Policy
If individual residences are expropriated and the expropriated persons meet the housing security conditions, they will be given priority for resettlement after review and verification by relevant departments.
17. Measures for failure to reach an agreement
If a compensation agreement cannot be reached within the signing period specified in the expropriation compensation plan or the owner of the expropriated house fails to It is clear that the district people's government will make expropriation and compensation decisions in accordance with the expropriation compensation plan and make an announcement within the scope of house expropriation.
18. Enforcement
After the district people’s government issues a compensation decision, if the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, the compensation decision shall If the property is not relocated within the time limit, the district people's government shall apply to the people's court for a ruling to grant compulsory execution in accordance with the law.
19. Precautions for expropriated persons
During the expropriation work, residents are asked to be vigilant, ensure safety, and prevent gas, water, electricity and other accidents. Security precautions should be strengthened. Do not give important documents such as ID card, real estate certificate, household register, marriage certificate, etc. to others or have others handle them on your behalf to avoid being deceived or causing unnecessary losses.