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Guiding opinions on house expropriation and compensation on collective land in downtown Nanchang

according to the relevant provisions of the law of the people's Republic of China on the administration of land and land, the measures for the implementation of the law of the people's Republic of China on the administration of land and land in Jiangxi province, and the measures for the administration of land expropriation in Jiangxi province, in order to effectively utilize the existing land resources and steadily promote the housing expropriation, compensation and resettlement on collective land in our city, this guiding opinion is formulated in combination with the actual situation of our city. I. Scope of Application of Guiding Opinions These Guiding Opinions shall apply to the housing compensation and resettlement projects on collective land within the administrative areas of the four central urban areas of this Municipality (East Lake, West Lake, Qingyunpu Scenic Resort and Qingshan Lake District). Second, the basic principles of resettlement compensation In order to ensure the basic living conditions of the expropriated person, in principle, a house should be selected for physical resettlement, and if there is a house elsewhere, monetary compensation can also be selected; Other parts within the building area of 35 square meters (inclusive) of the house to be expropriated can choose physical resettlement or monetary compensation; Household construction area of more than 35 square meters, monetary compensation. Iii. relevant regulations on population verification

(1) the government of the population verification area shall strictly verify the registered population based on the household registration information registered by the public security organs. The expropriated person and his immediate family members, whose household registration is on April 1, 214 (if the established system is changed to non-agricultural population, the time when the actual established system is changed to non-agricultural population shall prevail, the same below), are the agricultural household registration of the administrative village where the expropriated house is located, and the household registration is still in the administrative village where the expropriated house is located when the pre-announcement of collective land expropriation is issued, before they can be approved as the registered population for resettlement. Before the release of the pre-announcement of collective land expropriation, the spouses and their children registered for marriage with the villagers in the village who have reached the legal age for marriage have not yet moved into the village, and they have not moved into the household within one month from the date of the release of the pre-announcement of collective land expropriation, which is regarded as giving up the qualification for compensation and resettlement.

(2) Empty hanging households and hanging households are not counted; Before April 1, 214, active servicemen, students in colleges and universities, and prisoners in prisons who were registered in their villages, whose household registration has been cancelled or moved to their schools and prisons, and have not moved their household registration, can be counted as the registered population of agriculture. After the pre-announcement of collective land expropriation is issued, only immediate family members in the same household are allowed to handle household separation according to the law, but those who have not reached the legal age for marriage or divorced households are still identified according to the original number of households. The government of the jurisdiction shall strictly control the customs according to law and bear the main responsibility. Detailed rules for household management and identification shall be formulated separately. According to the Law of the People's Republic of China on the Administration of Land and Land, every villager can only own one homestead. If the expropriated population has been calculated when the houses on the collective land in the four central urban areas of this city (East Lake, West Lake, Qingyunpu Scenic Resort and Qingshan Lake) are expropriated, it is not allowed to repeatedly calculate the expropriated population when the houses on the collective land elsewhere are expropriated and compensated, and the government of the jurisdiction shall strictly control it. Iv. methods for publicity of identification

(I) methods for identification. the government of the jurisdiction shall formulate the identification operation rules according to the relevant regulations, organize relevant units to form an identification team to identify the area of the expropriated house, the nature of the house, the registered population of the household registration, the families with housing difficulties and the ancestral houses, and all the personnel of the identification team shall sign the identification results and bear corresponding responsibilities. the government of the jurisdiction shall review and file the identification results according to the regulations.

(2) posting publicity The government of the jurisdiction is responsible for organizing the villages and towns involved to publicize the verified information about the area of the expropriated house, the nature of the house, the registered population of the household registration, the families with housing difficulties and the ancestral houses on the bulletin board or the site of expropriation and renovation, and the publicity time shall not be less than 1 working days. The villages and towns shall keep the audio-visual materials on file after the expiration of the publicity period. V. Relevant standards of resettlement compensation The expropriated person can choose the methods of physical resettlement, monetary compensation or the combination of physical resettlement and monetary compensation according to the regulations. The specific standards are as follows:

(1) Resettlement compensation for the part of the expropriated house with a building area of 35 square meters (inclusive). For the part of the expropriated house with a building area of 35 square meters (above brick and wood), in principle, choose a house for physical resettlement in our city. For other parts within the household construction area of 35 square meters (inclusive), the expropriated person can choose physical resettlement or monetary compensation according to the benchmark price, and can choose the proportion of resettlement compensation by himself. If monetary compensation is selected to complete the relocation and delivery on time, another 1% subsidy and 1% reward will be added. The specific subsidy and reward methods and calculation standards will be defined by the government of the jurisdiction in the compensation plan.

(II) Compensation for the part of the expropriated house with a building area of over 35 square meters. For the part of the expropriated house with a building area of over 35 square meters (brick and wood structure), monetary compensation shall be made according to the construction and installation cost of the expropriated house.

(III) Resettlement compensation for the expropriated houses identified as ancestral houses

1. If the household registration of the heirs (or legatees) is not the registered population of the village, regardless of the number, it will be counted as one household. All heirs (or legatees) who inherit (or bequeathed) the share of the expropriated houses shall be consolidated and calculated, and the resettlement compensation shall be made according to the following principles:

(1) For the part of the expropriated house (the brick and wood structure can be placed in kind) with a building area of less than 35 square meters (inclusive), in principle, a house shall be selected for physical resettlement, and if there is a house within the urban area of our city, monetary compensation can also be made according to the benchmark price; Other parts with a building area of 35 square meters (inclusive) shall be compensated in monetary terms according to the benchmark price.

(2) monetary compensation shall be made according to the construction and installation cost of the expropriated house (with a structure above brick and wood) with a building area of more than 35 square meters.

2. If the household registration of the heirs (or legatees) is the registered population of the village, the expropriated houses inherited (or bequeathed) by the heirs (or legatees) shall be consolidated with my expropriated houses, and the resettlement compensation shall be made in accordance with the provisions in Items (1) and (2) of Point 5 of the Guiding Opinions.

(4) Other structures such as simple compensation and scaffolding (including steel shed) will not be placed in kind, and monetary compensation will be made according to the replacement price of the house. Buildings constructed of new materials such as steel structures shall be identified and the compensation price determined by the government of the jurisdiction according to the relevant regulations. If the corresponding structure cannot be identified, a qualified evaluation agency may be entrusted to evaluate and determine the compensation price. After the pre-announcement of collective land expropriation is issued, no compensation will be paid for building, rebuilding or expanding houses or other buildings. If the building is recognized as illegal by the government of the jurisdiction, no compensation will be given. VI. Relevant settlement provisions

(1) Settlement provisions for resettlement compensation The choice of houses for physical resettlement shall be made in strict accordance with the principle of "relying on the nearest stall". If the construction area of resettlement houses exceeds (or is insufficient for) the construction area of expropriated houses due to reasons such as house type design, the settlement shall be made according to the following provisions: 1. The expropriated person (calculated by household registration) is registered in the village and the expropriated house is its only house. If the per capita construction area of expropriated houses is less than 3 square meters, it can be purchased at the installation and installation cost of resettlement houses until the per capita construction area is 3 square meters. If the per capita construction area exceeds 3 square meters after the nearest stall, it can be built as resettlement houses. 2. If the part of the expropriated house whose construction area is less than 35 square meters (inclusive) chooses to be resettled in kind, the structure and area difference shall be calculated as follows: (1) The structure difference shall be calculated for the part with equal area, and the structure difference between the expropriated house and the resettlement house shall be calculated according to the 5 yuan per square meter of frame, brick-concrete and brick-wood; (2) If the construction area of resettlement houses exceeds the construction area of houses to be expropriated, the part within 5 square meters (inclusive) shall be settled according to the construction cost of resettlement houses, and the part above 5 square meters shall be settled according to the construction cost of resettlement houses; (3) If the resettlement housing construction area is less than the expropriated housing construction area, monetary compensation shall be made according to the provisions in Item (1) of Point 5 of the Guiding Opinions. 3. The investor of resettlement housing should entrust an evaluation agency to evaluate the construction cost of resettlement housing and the cost and price of Jian 'an before the completion and acceptance of resettlement housing community. The local government's rural housing collection department should do a good job in the settlement of resettlement houses when going through the formalities of relocation, and turn over the settlement funds to the account designated by the resettlement housing investment unit after they are collected.

(II) Provisions on Compensation for Temporary Resettlement 1. The compensation standard for temporary resettlement of forward housing in kind: after being recognized by the government of the jurisdiction according to the relevant regulations on population verification, it will be calculated and paid according to the standard of 3 yuan per person per month, and if each household is less than 1 yuan per month, it will be calculated and paid according to 1 yuan, starting from the date of completion of relocation and delivery. 2. Provisions on the transitional period of temporary placement for the physical placement of the auction house: The transitional period of temporary placement for the physical placement shall not exceed 24 months for the multi-storey building resettlement community and 36 months for the high-rise building resettlement community and the multi-storey and high-rise mixed resettlement community, and the starting time shall be subject to the time agreed in the expropriation compensation agreement. If the resettlement is not completed within the time limit, the temporary resettlement subsidy shall be increased by 5% on the basis of the original standard. 3. Compensation standard for monetary compensation or temporary resettlement of existing houses: If the expropriated person chooses monetary compensation or physical resettlement of existing houses, the temporary resettlement subsidy will be paid in one lump sum for 6 months according to the standard of 3 yuan per person per month (if each household is less than 1 yuan per month, it will be calculated in 1 yuan).

(3) The relocation allowance stipulates that the relocation allowance is only paid once. Houses to be expropriated (brick and wood structures can be placed in kind) with a total construction area of less than 1 square meters shall be subsidized by 1 yuan; If the total construction area exceeds 1 square meters, 5 yuan per square meter shall be added on the basis of 1 yuan.

(4) monetary compensation reward regulations: In order to encourage the expropriated person to choose monetary compensation, if the relocation is completed within the specified time limit, if the household construction area is less than 35 square meters (inclusive), the temporary resettlement compensation reward will be given for another six months, and the standard of temporary resettlement compensation reward will be calculated according to the 8 yuan per square meter of the construction area selected by the expropriated person.

(5) Early Relocation Reward Provisions In order to encourage the expropriated person to sign the expropriation compensation agreement in advance and move, the corresponding early relocation reward will be given. The reward period is generally 6 days, and 2 yuan will be rewarded every day in advance according to the registered household. The government of the jurisdiction can set the time and standard for the award according to the project situation, and the maximum reward standard shall not exceed 12, yuan. The time period of bonus, the proportion of bonus and the specific measures shall be defined by the jurisdiction in the compensation scheme for house expropriation.

(VI) Other relevant compensation provisions 1. Wells, grave relocation, fences, outdoor concrete floors, simple sheds, toilets, cowshed, pigsty, fruit trees and fish ponds planted by the expropriated person shall be compensated according to the standards set by the local government. 2, the foundation of the unfinished house is based on the nature of the foundation structure, and compensation is given at 6% of the replacement price of the built structure. 3. Decoration compensation: the compensation standard shall be determined by the parties involved in house expropriation through consultation, and they shall sign the negotiation results and bear corresponding responsibilities; If the negotiation fails, a qualified real estate appraisal agency shall be entrusted for evaluation according to the regulations, and audio-visual materials and evaluation list shall be kept. The government of the jurisdiction shall, in combination with the actual situation in this area, formulate the operating regulations for determining the decoration compensation standard through consultation. 4, cable TV migration according to the 12 yuan compensation for each household (with the cable TV certificate and the collection is still in use at the time of payment). 5. The broadband transfer fee shall be compensated by the 2 yuan for the telephone transfer fee of the telecommunication department (it shall be handled by the broadband bill that is still in use at the time of collection). 6. The transfer fee for split wall-mounted air conditioners is 3 yuan per set, and the transfer fee for split vertical air conditioners is 5 yuan per set. 7. The transfer fee for electric and gas water heaters is 1 yuan per set, and the transfer fee for solar water heaters is 4 yuan per set. Seven, encourage the choice of housing ticket resettlement housing ticket is the monetary quantification of the amount of housing resettlement compensation, the housing levy department issued to the expropriated person to re-purchase the housing fund settlement certificate. If the expropriated person chooses the house ticket for resettlement, the expropriated person (spouse, legal immediate family member) shall purchase new commercial housing within the specified time limit and area, and give a certain amount of house purchase subsidy according to the actual use part of the face value of the house ticket. Specific measures shall be formulated separately. VIII. Other Provisions on Resettlement Compensation for Collective Houses

(1) Resettlement Compensation for Village Collective Houses For Village Collective Industrial Houses and Village Collective Enterprise Houses (with brick and wood structures above), the public buildings in the resettlement area shall be resettled in kind according to the principle of "demolishing one and returning another" or monetary compensation shall be made according to the cost of Jian 'an; Simple, scaffolding (including steel shed) and other structures, not physical placement, monetary compensation according to the replacement price; No compensation will be given for illegal buildings and temporary buildings that exceed the approved period.

(II) Compensation for related matters of village collective enterprises 1. The houses of village collective enterprises with a height exceeding 4 meters shall be compensated by the height coefficient combined with the replacement price. If the height is more than 4 meters (inclusive) and less than 5 meters, the height coefficient is 1.25, and the increase coefficient is .25 for every 1 meter increase in the height of the house, and so on, and the maximum height coefficient is 2. 2. The input and actual quantities of "three links and one leveling" and equipment foundation within the land use scope of village collective enterprises are confirmed by the project responsible unit, town and village committee, and the land acquisition department entrusts an intermediary agency to determine the cost according to relevant regulations. 3. The compensation for suspension of production and business operation shall be based on the actual number of employees registered in the industrial and commercial business license, and each person shall be compensated with a one-time minimum wage of 6 months. The minimum wage standard is subject to the relevant regulations of Nanchang. 4, the relocation of small equipment and other goods, in accordance with the standard of 5 yuan per square meter of the building area of the house to be expropriated. The compensation fee for the relocation of enterprise inventory goods, large-scale equipment and raw materials can be determined by the expropriation unit and the expropriated unit through consultation or by a qualified real estate (asset) price assessment agency entrusted by the land acquisition department. IX. Provisions on Other Related Matters (1) The land price is calculated according to 7% of the benchmark floor price (plot ratio 2.3) of state-owned construction land for residential use, and shall be adjusted in a timely manner by the Municipal Bureau of Natural Resources and Planning; Jian 'an cost price, housing replacement price by the Municipal Housing and Urban-Rural Development Bureau in accordance with the provisions of timely adjustment, and reported to the municipal government unified promulgation and implementation. (2) As the main body responsible for "demolishing and controlling violations", each central city should strengthen daily inspections, achieve "controlling increment and reducing stock", and resolutely put an end to the phenomenon of rushing to build and illegally building. (III) These Guiding Opinions shall come into force as of, 223. Projects that have been implemented before the implementation of this guidance and have completed the house expropriation and compensation and resettlement on collective land shall still be implemented according to the original provisions. Projects that have been implemented before the implementation of this guidance but have not yet completed the housing expropriation and compensation and resettlement on collective land can also be implemented according to the relevant provisions of this guidance after being studied by the party committees and governments in the central cities. (IV) Other counties and districts (Development Zones, Wanli Administration Bureau) may refer to the implementation after being studied by the party committees and governments in their respective jurisdictions, or according to the existing regulations in their respective jurisdictions.