The Interim Measures for Compensation and Resettlement of Houses on Collective Land in Xianyang Urban Planning Area have been discussed and passed at the 25th executive meeting of the municipal government on April 1 day, and are hereby printed and distributed to you, please follow them carefully.
Xianyang Municipal People's Government
April 16
Interim Measures for Compensation and Resettlement for House Expropriation on Collective Land in Xianyang Urban Planning Area
Chapter I General Provisions
Article 1 In order to standardize the compensation and resettlement of houses on collective land in urban planning areas, safeguard the legitimate rights and interests of collective economic organizations, units and individuals (hereinafter referred to as "expropriated persons") and ensure the smooth progress of urban construction, in accordance with the Property Law of People's Republic of China (PRC), 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 laws and regulations.
Article 2 These Measures shall apply to the expropriation, compensation and resettlement of houses on collective land in the urban planning area of this Municipality (excluding Xixian New Area Urban Planning New Area, hereinafter referred to as "urban area").
The State Council and the provincial people's government have other provisions on the collection and resettlement of infrastructure construction such as roads, railways, water conservancy and hydropower, from which provisions shall prevail.
Article 3 The Municipal People's Government shall be responsible for the expropriation, compensation and resettlement of houses on urban collective land.
City land and resources department is responsible for organizing the implementation of urban collective land housing expropriation and compensation and resettlement work.
The relevant departments of the municipal government shall cooperate with each other in accordance with the division of responsibilities to ensure the smooth progress of housing expropriation, compensation and resettlement on collective land. The municipal land and resources department may entrust the government of Qindu District and Weicheng District or the administrative committee of the park to undertake the specific work of house expropriation, compensation and resettlement on collective land.
Construction units and construction units shall not participate in land acquisition, demolition and house expropriation.
Article 4 Before making a decision on house expropriation, social stability risk assessment shall be conducted in accordance with relevant regulations; The decision of house expropriation involves a large number of people to be expropriated, which shall be discussed and decided by the executive meeting of the government.
Before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account and used for special purposes.
Fifth expropriation of urban collective land, in principle, no redistribution of homestead land, mainly in the form of monetary or in-kind compensation, by the expropriation of housing farmers to buy their own houses or resettlement houses provided by the government.
Sixth without the approval of the competent department of land resources and housing construction, the expropriated person who uses urban collective land shall not carry out new construction, expansion or reconstruction projects or change the land use.
After the announcement of land requisition is issued, all young crops and attachments on the ground that are built, planted and sown in the scope of land requisition will not be compensated.
Seventh after the announcement of land acquisition, the departments of land and resources, housing construction, agriculture, public security, industry and commerce, taxation and other departments shall not handle the following procedures within the scope of land acquisition:
(a) the new batch of homestead or other collective construction land;
(two) approval or renewal of registration to change the nature and use of land and houses;
(three) to examine and approve new construction, renovation and expansion of houses or other buildings (structures), to handle the transfer of houses or land, and to issue certificates of ownership of houses or land;
(four) for "farm", animal husbandry and aquatic products, facility agriculture and other procedures;
(5) Taking the expropriated resettlement house as the business place, and going through industrial and commercial, tax or other registration procedures;
(6) Procedures involving household registration and household registration, adoption of children, etc., except that it is really necessary to move into the original household and meet the conditions of household registration management because of birth, marriage, release from prison, demobilized military personnel and fresh college graduates who have not been assigned jobs or dropped out of school;
(seven) other acts of improper increase of compensation fees.
Chapter II Expropriation and Compensation
Eighth rural houses are divided into four grades according to the structure, namely brick-concrete structure, brick-wood structure, brick-civil structure and simple structure.
(a) brick-concrete structure houses are divided into three grades:
1. Grade I: Brick wall is load-bearing, and structural members such as ring beams and constructional columns are complete;
2. Grade II: Brick walls bear loads, and structural members such as ring beams and constructional columns are incomplete;
3. Grade III: Brick wall is load-bearing, and there are no structural members such as ring beams and constructional columns.
(two) brick and wood houses are divided into two grades:
1. Grade I: 240 wooden house truss, light steel roof truss, wooden purlin, wooden house panel or tile roof supported by brick wall (with brick columns or wooden columns);
2. Grade II: 240 brick wall (without brick column or wood column) bearing, wooden purlin rafters and tile roof.
(3) Brick-concrete civil buildings are divided into two grades according to the building structure:
1. The standard of first-class brick civil structure houses is full brick wall with double gables, main brick column bearing, wooden frame, adobe infilled wall, brick foundation and tile roof;
2. The standard of secondary brick-concrete civil structure houses is brick foundation, adobe wall, brick column or wooden column bearing, wooden frame, adobe infilled wall and tile roof.
(4) Houses with simple structure:
Brick walls, purlins, asbestos tiles (colored steel tiles) or other houses that do not meet the order mentioned in this clause.
Ninth to determine the level of housing is mainly based on the structure of the house, in which the simple structure of the factory building, warehouse (non-concrete, tile roof) in principle according to the level of brick-concrete civil housing; Houses with civil structure are recognized as secondary houses with brick-concrete civil structure.
Tenth types of structural grade housing levy compensation is determined according to the following standards:
(1) 430 yuan/m2 for the first-class residential building with brick-concrete structure, 390 yuan/m2 for the second-class residential building and 350 yuan/m2 for the third-class residential building;
(two) the first-class brick and wood structure building 350 yuan/square meter, the second-class building 330 yuan/square meter;
(3) 280 yuan/m2 for the first-class building and 260 yuan/m2 for the second-class building of brick-concrete structure civil buildings;
(4) Simple structure house 150 yuan/m2.
Eleventh all kinds of structural grade housing depreciation rate deducted according to the following standards:
(a) within 5 years (including 5 years) of the housing depreciation rate of 0%;
(2) The depreciation rate of houses over 5 years (excluding 5 years) to 10 years (including 10 years) is 5%;
(3) The depreciation rate of houses with 10 years or more (excluding10 years) is 10%.
Twelfth houses with a per capita construction area of more than 60 square meters shall be regarded as effective construction area (excluding simple structure houses), and the compensation standard shall be the replacement price of houses minus depreciation.
Thirteenth corridors and overhangs of houses, with column supporting structures, are calculated according to the total area, and those without column supporting structures are calculated according to the actual area.
Fourteenth for township enterprises, hospitals, nursing homes, etc. , the normal operation and use of collectively owned land in the early stage, in addition to compensation according to the provisions of Article 8 to Article 13, 30% of the total housing compensation (excluding attachments) will be increased as compensation for production stoppage and compensation for the dismantling, installation, handling and debugging of equipment and supporting facilities (the relocation expenses of machinery and equipment involved in Schedules 1 and 2 will no longer be compensated). Offices, dormitories, warehouses and other buildings shall be compensated according to the provisions of Articles 8 to 13, and no land for reconstruction shall be arranged. When collecting township enterprises, hospitals and sanatoriums that are not operating normally, the compensation shall be implemented according to Articles 8 to 13.
Fifteenth homestead compensation: generally calculated at the time of collection of 0.25 mu, each hospital compensation of 20 thousand yuan (there is a certificate of ownership of land and resources departments, according to the actual area determined by the document; Occupy the old house base that is new but not old, and no compensation will be given when it is levied). When collective land is expropriated, the homestead will not be compensated repeatedly.
Sixteenth housing decoration from the ground, walls, ceilings, doors and windows materials, etc., will be divided into first-class and second-class two grades.
(1) Level I specific standards are as follows:
1. Floor: 600×600 full polished tiles, granite floors and high-grade wood floors;
2. Interior wall: all-ceramic tile or wooden skirting, wooden European dado (including heating), wallpaper, soft bag and fireproof board wall;
3. Ceiling: wooden ceiling or glass transparent ceiling;
4. Doors and windows: aluminum alloy doors and windows, embossed wooden doors, wooden or stainless steel window covers, aluminum alloy or wooden partitions, and commodity anti-theft nets.
(2) The specific criteria for determining Class II merit are as follows:
1.500×500 and above all tiles, marble floors, colored terrazzo floors, broken marble and granite floors;
2. Interior wall: semi-ceramic tile skirting line, latex paint wall, ordinary wooden dado (including heating).
3. Ceiling: wooden semi-ceiling, latex paint ceiling;
4. Doors and windows: aluminum alloy doors and windows, wooden door and window covers, ordinary aluminum alloy or wooden partitions, self-made or non-commodity metal anti-theft nets.
Seventeenth levels of decoration compensation according to the following standards:
(1) First class 150 yuan/m2;
(2) second class 100 yuan/square meter.
Eighteenth decoration compensation depreciation is deducted according to the following standards;
(a) within 5 years (including 5 years) decoration depreciation rate of 0%;
(2) The depreciation rate for decoration over 5 years (excluding 5 years) to 10 years (including 10 years) is 5%;
(3) The depreciation rate for decoration exceeding 10 years (excluding 10 years) is 10%.
Nineteenth decoration compensation is calculated according to the actual area of house decoration. Four renovation projects, each accounting for 25%, can not meet the requirements of the project, according to the proportion of points.
Twentieth overhead floor (eaves below 2.2 meters high) and insulation layer belong to the main part of the house, giving 60 yuan/square meter (asbestos tile roof) and 65+020 yuan/square meter (tile roof) monetary compensation.
Twenty-first compensation standards for housing attachments (including) on collective land shall be implemented according to the attached table 1 of these measures.
Twenty-second compensation standards for other attachments on collective land shall be implemented in accordance with Schedule 2 of these Measures.
Twenty-third the collector shall give the expropriated person a moving fee and a transition fee. Among them, the relocation fee for the expropriated households who choose property rights exchange is 3000 yuan/household. The relocation fee for the expropriated households who choose monetary resettlement is 2000 yuan/household. The transition fee is 200 yuan per person per month, and the transition time is 30 months in principle. The transition fee is calculated according to the actual transition time. If the transition time exceeds 30 months, the deferred transition fee will be doubled. There is no transition fee for policy resettlement such as Zuting (family away) employees, single employees and monetary resettlement.
Twenty-fourth occupation of state-owned land within the scope of river delineation, illegal occupation of collective land for housing, in accordance with the provisions of the "land management law of the people's Republic of China" and "People's Republic of China (PRC) Water Law", as illegal construction.
Twenty-fifth demolition of illegal buildings (including illegal buildings) and temporary buildings exceeding the approved period, no compensation; Demolition of temporary buildings that have not exceeded the approved period can be given appropriate compensation.
Twenty-sixth in the relocation period stipulated in the expropriation announcement, no expropriation agreement is reached and the relocation is refused, which shall be dismantled according to law.
Chapter III Resettlement of Migrants
Twenty-seventh residential housing expropriation, the expropriated person can choose monetary compensation, can also choose property rights exchange.
Article 28 If the expropriated person chooses monetary compensation and resettlement, and the building area of the demolished house is an effective building area, the monetary compensation price = reset to a new price +400 yuan/square meter (subsidy), and the excess area shall be compensated according to the reset to a new price.
Twenty-ninth expropriated people choose property rights exchange and unified resettlement, and the per capita resettlement construction area is not less than 50 square meters in principle, and the maximum is not more than 60 square meters.
If there is more than one homestead that has been expropriated and has enjoyed the unified resettlement of property rights exchange according to this clause, it will no longer enjoy the resettlement of property rights exchange.
Thirtieth people who meet one of the following conditions shall be given corresponding housing placement:
(1) Having the membership of the expropriated rural collective economic organization (the membership of the rural collective economic organization is determined in accordance with the relevant provisions of the Opinions of Shaanxi Higher People's Court on Several Issues Concerning the Trial of Income Distribution Disputes of Rural Collective Economic Organizations);
(two) does not have the membership of the expropriated rural collective economic organization, but has an ancestral courtyard;
(three) the spouse has the membership of the rural collective economic organization (single employee family).
Thirty-first in any of the following circumstances, the expropriated person may increase or enjoy the corresponding housing resettlement area.
(a) the only child of a member of the rural collective economic organization (the child is under 23 years old and unmarried) can increase the resettlement area by 60 square meters with valid documents and village certificates;
(two) is a member of the rural collective economic organizations of double female ligation households, with valid documents and village cards can increase the resettlement area of 30 square meters;
(3) Ancestral heirs (employees whose families are not at home) can enjoy the resettlement area 120 square meters;
(four) the spouse has been levied as a member of the rural collective economic organization, but I can enjoy the resettlement area of 30 square meters if I work outside (except for the family of single workers);
(five) other circumstances in which houses should be placed in accordance with laws and regulations.
Thirty-second the following persons shall not be used as resettlement population:
(1) He has died before the date when the compensation and resettlement plan is determined;
(two) moved from the household registration, not in the location of the household registration, and did not form a relationship of rights and obligations with the rural collective economic organizations, and did not take the land owned by the collective economic organizations as the basic living guarantee;
(three) in violation of the family planning policy, failing to pay social support fees in accordance with the provisions;
(four) other provisions of laws and regulations do not have the membership of collective economic organizations.
Thirty-third households have only one resettlement population and choose property rights exchange. According to the resettlement price, they can choose the resettlement house with the construction area closest to 60 square meters.
Article 34 If the house to be resettled by the expropriated person is residential, the starting price of the house to be resettled shall be 730 yuan/m2. The expropriated person chooses resettlement houses by households, and the part with a total area exceeding 5 square meters is calculated according to the resettlement price, and the part with a total area exceeding 5 square meters is calculated according to the market price. Overhaul fund, deed tax, etc. The resettlement of houses shall be carried out in accordance with relevant regulations. The floor adjustment standard of resettlement housing price is determined in the implementation plan of the collection project. The delivery of resettlement houses shall meet the occupancy conditions determined by the housing construction department.
Chapter IV Awards
Article 35 Identification and reward of vacant courtyards: each courtyard of the homestead is calculated as 0.25 mu, and the existing building area of the expropriated house is uniformly converted into two floors. The other converted courtyards are vacant courtyards, and the vacant courtyards are rewarded according to the standard of 300 yuan/square meter.
Thirty-sixth people voluntarily give up part of the resettlement area, give up part of the resettlement area is calculated by 400 yuan/square meter.
Thirty-seventh expropriated housing construction area is less than the effective construction area, the insufficient part shall be subsidized according to 230 yuan/square meter.
If the per capita construction area is less than or equal to 60 square meters, on the basis of implementing the original compensation policy, each eligible expropriated person will be given a reward of 40,000 yuan.
Children who violate the family planning policy (those who are handled by the county family planning department and pay fines according to regulations) and single employees (those who are heads of households or their spouses) are only placed according to the original policy and do not enjoy the rewards stipulated in the preceding paragraph.
Article 38 If the expropriated person moves according to the specified time, the expropriated person will be rewarded by stages. The reward amount is determined by the collector in the implementation plan of the collection project.
Thirty-ninth units and individuals that have made outstanding achievements in the collection work shall be rewarded with reference to Article 21 of the Measures for Unified Land Acquisition of Construction Projects in Shaanxi Province (20 1 1 Revision).
Chapter V Legal Liability
Article 40 If the relevant units and staff fail to perform their duties as stipulated in these Measures in the work of house expropriation and compensation, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the people's government at the corresponding level shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-first by violence, threats and other illegal means or in violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic to force the expropriated person to move, resulting in losses, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.
Article 42 The expropriated person provides false or forged certificates of house, land and household registration. Those who defraud the collection of resettlement compensation fees, after investigation, the signed agreement on collection and resettlement compensation is invalid, and the paid land acquisition compensation is recovered according to law, and the responsibility of the relevant responsible person is investigated according to law. Take violence, threats and other methods to hinder the housing expropriation and compensation work carried out according to law, which constitutes a crime, and shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Article 43 Anyone who embezzles, misappropriates, privately divides, intercepts or defaults in collecting compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to the relevant responsible units, informed criticism; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Chapter VI Supplementary Provisions
Forty-fourth village housing expropriation and compensation and resettlement scheme with high level of urbanization shall be formulated by the entrusted district government or park management committee, and shall be implemented after being reported to the municipal government for approval.
Forty-fifth these measures are not clear, but in accordance with other laws and regulations should be given compensation, resettlement, subsidies, incentives, assistance, security, in accordance with the relevant laws and regulations.
Article 46 If the relevant provisions previously formulated by the municipal government are inconsistent with these measures, these measures shall prevail.
Forty-seventh before the implementation of these measures, if an agreement on expropriation and resettlement compensation has been signed, the original measures for expropriation and resettlement compensation will continue to be implemented. Before the implementation of these measures, if resettlement compensation has been implemented, it shall still be implemented according to the original provisions. Before the implementation of these measures, although the examination and approval procedures have been gone through, but the resettlement compensation has not been implemented, these measures shall be followed.
Article 48 These Measures shall come into force from May of 1 year, and shall be valid for two years. On February 1 1 day, 2003, the Interim Measures for Rural Housing Demolition Compensation in Xianyang Urban Planning Control Area (Xian Fazheng [2003] 12) issued by the municipal government was abolished at the same time.