governor of a province
July 6(th)
Measures for the implementation of expropriation and compensation of houses on state-owned land in Hubei Province
catalogue
Chapter I General Provisions
Chapter II Collection Decision
Chapter III Collection and Evaluation
Chapter IV Expropriation and Compensation
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 In order to regulate the expropriation and compensation activities of houses on state-owned land, safeguard social public interests, and protect the legitimate rights and interests of the owners of houses to be expropriated, these measures are formulated in accordance with the People's Republic of China (PRC) Property Law, the Regulations on Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the Expropriation Regulations) and other laws and regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to the expropriation and compensation of units and individuals' houses on state-owned land within the administrative area of this province.
Article 3 Housing expropriation and compensation shall follow the principles of scientific and democratic decision-making, legal procedures and fair and open compensation. The implementation of house expropriation should be compensated before demolition.
Article 4 The people's governments at higher levels shall strengthen the supervision over the house expropriation and compensation work of the people's governments at lower levels.
The competent department of housing and urban construction of the provincial people's government shall, jointly with the relevant departments of finance, land resources, development and reform at the same level, guide the implementation of housing expropriation and compensation in this province.
Article 5 The municipal and county people's governments shall be responsible for the house expropriation and compensation within their respective administrative areas.
The people's governments at the city and county levels shall determine the house expropriation departments and organize the implementation of house expropriation and compensation within their respective administrative areas.
The relevant departments of the people's governments at the city and county levels shall, in accordance with the division of responsibilities, cooperate with each other to ensure the smooth progress of housing expropriation and compensation.
Article 6 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The house expropriation department shall sign a written entrustment contract with the house expropriation implementation unit, and clarify the authorization authority and scope as well as the rights and obligations of both parties. The working funds required by the housing levy implementation unit shall be determined by the housing levy department in conjunction with the finance department at the same level, and shall be included in the collection cost. The implementation unit of house expropriation shall not be for profit.
The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Seventh housing expropriation and compensation staff should be familiar with the laws and regulations of housing expropriation and compensation, and have the corresponding professional knowledge.
Housing expropriation departments and relevant units shall entrust professional institutions with corresponding qualifications to complete the land use and planning demonstration, surveying and mapping, evaluation, law, house demolition and other services involved in housing expropriation. After the announcement of the expropriation decision, the house expropriation department shall disclose the relevant information of professional institutions.
Eighth supervisory organs should strengthen the supervision of the government and relevant departments and their staff involved in the work of housing expropriation and compensation. Audit institutions shall strengthen audit supervision over the management and use of compensation fees, and publish the audit results.
Article 9 Any organization or individual has the right to report any violation of these measures to the relevant people's government, the house expropriation department and other relevant departments. The relevant people's governments, house expropriation departments and other relevant departments that have received the report shall verify and handle it in time.
Chapter II Collection Decision
Tenth in order to protect national security, promote national economic and social development and other public interests, under any of the following circumstances, it is really necessary to expropriate houses, the people's governments at the city and county levels shall make a decision on the expropriation of houses:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
Eleventh in accordance with the provisions of article tenth of these measures, the construction activities that really need to be levied shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning. The construction of affordable housing projects and the transformation of old areas should be included in the annual plans for national economic and social development at the city and county levels.
The formulation of national economic and social development planning, overall land use planning, urban and rural planning and special planning shall solicit public opinions and conduct scientific argumentation.
Twelfth in accordance with the provisions of article tenth of these measures, the housing levy department shall, according to the planning opinions issued by the planning department, reasonably determine the scope of housing levy on state-owned land.
In accordance with the provisions of the fifth paragraph of Article 10 of these Measures, the expropriation of houses in the reconstruction of old urban areas shall meet the standards of concentrated dangerous houses or backward infrastructure, and the specific standards shall be formulated by the municipal people's government with districts. City and county people's governments shall organize relevant departments, units and professionals in land and resources, planning, construction, real estate management and house expropriation. According to the specific standards for identification, and publish the identification results, solicit public opinions. Only when the dangerous houses are concentrated or the infrastructure is backward can the old city be rebuilt.
Thirteenth house expropriation departments shall organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The investigation results shall be announced to the expropriated person within the scope of expropriation.
Article 14 The name of the expropriated person, the nature of the house, the purpose of the house and the construction area, etc. , subject to the records of the house ownership certificate issued by the real estate registration agency; If the ownership certificate of the house is not recorded or the record is inconsistent with the house register, the house register shall prevail unless there is evidence to prove that there is an error in the house register.
Fifteenth city and county people's governments shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of house expropriation according to law, and the specific measures shall be formulated by the city and county people's governments.
Temporary buildings that have been recognized as legal buildings and have not exceeded the approval period shall be compensated; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Sixteenth house expropriation departments shall, in conjunction with the financial and auditing departments, calculate the compensation fees according to the survey results.
Seventeenth housing expropriation departments shall, in accordance with the provisions of relevant laws and regulations, survey results and calculations, formulate a compensation plan for expropriation and report it to the municipal and county people's governments.
The municipal and county people's governments shall organize relevant departments to demonstrate and publish the compensation scheme for expropriation and solicit public opinions. The time limit for soliciting opinions shall not be less than thirty days.
The compensation scheme for house expropriation shall include the following contents:
(a) the purpose of housing expropriation and the legal basis for housing expropriation and compensation;
(two) the scope of housing expropriation and the basic situation of the houses to be expropriated;
(3) Compensation methods, compensation standards and calculation methods;
(four) the basic situation and delivery time of the property right exchange house;
(five) the compensation standard and calculation method for the loss of production and business suspension;
(6) The signing period of the compensation agreement;
(seven) the relocation period and the relocation transition mode and transition period;
(eight) subsidies, incentives and calculation methods;
(nine) the name of the entrusted housing levy implementation unit;
(10) Other matters.
Eighteenth people's governments at the city and county levels shall promptly announce the situation of soliciting opinions and the revision of the compensation plan.
Due to the transformation of the old city, it is necessary to expropriate houses. During the consultation period, if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the Regulations on Expropriation and the provisions of these Measures, the people's governments at the city and county levels shall organize a hearing attended by the expropriated people and public representatives, and modify the expropriation compensation scheme according to the hearing.
Article 19 The municipal people's government divided into districts shall co-ordinate the collection and compensation work within its jurisdiction. The plan for expropriation and compensation drawn up by the municipal people's government shall be reported to the Municipal People's government before making a decision on house expropriation.
Article 20 Before making a decision on house expropriation, the people's government at the city or county level shall, in accordance with the relevant provisions of the state and our province on social stability risk assessment, designate a department with legal responsibilities or entrust a third-party specialized agency with no interest to assess the legality, rationality, feasibility and controllability of house expropriation, and formulate corresponding risk prevention, resolution and disposal measures and emergency plans according to the assessment conclusions.
The conclusion of social stability risk assessment should be used as an important basis for whether to make a decision on house expropriation. Without social stability risk assessment, no decision on house expropriation shall be made.
Twenty-first housing expropriation decisions involving a large number of people to be expropriated shall be discussed and decided by the executive meeting of the government, and the specific number shall be stipulated by the municipal and county people's governments.
Twenty-second 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. If the compensation fee is not in place, no decision on house expropriation shall be made. If the house property right exchange is used to compensate the expropriated person, the value of the house property right exchange shall be included in the total compensation fee.
Twenty-third city and county people's governments shall make an announcement within seven days after making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights, consultation place, supervision telephone number and other matters.
If the expropriated person refuses to accept the decision on house expropriation, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
The people's governments at the city and county levels and the house expropriation departments shall disclose the relevant information of house expropriation and compensation according to law, and do a good job in the publicity and explanation of house expropriation and compensation.
If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.
Twenty-fourth after the scope of house expropriation is determined, it is not allowed to build, rebuild or expand houses and change the use of houses within the scope of house expropriation. In violation of the provisions of the implementation, no compensation.
The house expropriation department shall notify the land and resources, planning, construction, real estate management, industry and commerce, taxation and other departments in writing about the matters listed in the preceding paragraph to suspend the relevant procedures according to law and make an announcement to the public. The written notice shall specify the suspension period, which shall not exceed one year at the longest.
Chapter III Collection and Evaluation
Twenty-fifth the value of the house and the house with property rights exchange shall be assessed and determined by the real estate price assessment agency with corresponding qualifications in accordance with the Measures for the Assessment of House Expropriation on State-owned Land, and the assessment time shall be the date of the announcement of the house expropriation decision.
Twenty-sixth real estate price evaluation should be carried out in accordance with the technical standards and evaluation procedures stipulated by the state, with reference to the market price of the expropriated house similar to real estate.
Real estate price appraisal institutions, real estate appraisers and real estate price appraisal expert committees shall independently, objectively and impartially carry out appraisal activities of house expropriation, and no unit or individual may interfere in appraisal activities of house expropriation.
Twenty-seventh city and county real estate management departments shall regularly publish to the public the catalogue of real estate price assessment agencies registered according to law, with qualifications above Grade III and no bad credit records, for the expropriated person to choose.
Twenty-eighth real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, it shall be determined by voting or drawing lots.
If the expropriated person chooses a real estate price assessment agency through consultation, it shall be organized and implemented by the house expropriation department. Consultation is conducted in the form of consultation form, and the expropriated person shall submit the consultation form to the house expropriation department for statistical verification within the prescribed time limit. Within seven working days, if more than two-thirds of the expropriated people choose the same real estate price assessment agency, it will be regarded as a negotiated choice, and the house expropriation department will announce the negotiation results.
If the expropriated person fails to reach an agreement through consultation within seven working days, and the real estate price assessment agency is determined by voting, the number of expropriated persons who participate in the voting shall not be less than two-thirds of the total number of expropriated persons, and if more than half of the expropriated persons who participate in the voting choose the same real estate price assessment agency, it shall be regarded as voting.
Where a real estate price appraisal agency is determined by voting or drawing lots, it shall be conducted in public and notarized by the notary office on the spot, and the house expropriation department shall announce the determination results.
Article 29 Anyone who disagrees with the evaluation results shall, within ten working days from the date of receiving the evaluation report, apply to the original real estate price evaluation agency for review and evaluation. If there is any objection to the review result, it shall, within ten working days from the date of receiving the review result, apply to the municipal real estate price evaluation expert Committee where the house is located for appraisal.
Chapter IV Expropriation and Compensation
Thirtieth people's governments at the municipal and county levels that have made decisions on house expropriation shall, according to different situations, give the expropriated person the following compensation in accordance with regulations:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
The compensation for the interior decoration value of the house in the compensation for the value of the house to be expropriated shall be determined through consultation between the house expropriation department and the expropriated person; If negotiation fails, it may be entrusted to a real estate price assessment agency selected or determined in accordance with these Measures for assessment and determination.
The people's governments at the city and county levels shall formulate measures for subsidies and incentives, grant subsidies to those who have special difficulties, and reward those who sign contracts and move on schedule.
Article 31 The expropriated person may choose monetary compensation or house property right exchange.
If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses for property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the property rights exchange house with the expropriated person. Houses used for property rights exchange shall meet the national quality and safety standards and can only be delivered after completion and acceptance.
Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government at the city or county level shall provide the houses in the reconstruction area or nearby areas.
Article 32 If an individual house is expropriated and the expropriated person meets the requirements of urban housing security, the people's government at the city or county level that made the decision on housing expropriation shall give priority to the implementation of housing security according to the relevant provisions on urban housing security and the actual situation of the expropriated person. Housing security and other departments shall, in accordance with the order of signing the compensation agreement and relocation, handle the relevant procedures for affordable housing for the expropriated person in a timely manner.
Thirty-third city and county people's governments shall formulate standards for the construction area of compensation for demolition. If individual housing is expropriated, and the construction area of the expropriated house is less than the local minimum compensation construction area and it is the only house of the expropriated person, compensation shall be given according to the house value not less than the local minimum compensation construction area.
Thirty-fourth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision.
Thirty-fifth public housing levy standard rent and compensation standards shall be formulated separately by the municipal and county people's governments.
Thirty-sixth expropriation of individual houses, the expropriated person chooses to exchange the property rights of the house, and before the property rights exchange house is delivered, the house expropriation department shall pay the expropriated person temporary resettlement fees or provide revolving houses; Provide turnover room, no longer pay temporary resettlement fees.
Thirty-seventh due to the expropriation of houses caused by the suspension of production and business, the compensation for the losses of the expropriated person shall meet the following conditions:
(a) the house to be expropriated has the ownership certificate or is recognized as a legal building, and the house is a non-residential house for production and operation;
(2) It has a legal and valid business license, and the domicile (business premises) specified in the business license is the house to be expropriated;
(3) Having gone through the tax registration and having a tax payment certificate.
If there is a lease relationship between the expropriated house and the production operator who is not the expropriated person, the compensation for the loss of production or business suspension and the compensation for the interior decoration value shall be distributed according to the agreement between the expropriated house and the expropriated person.
Thirty-eighth compensation for losses caused by the expropriation of houses, the amount of compensation can be determined by the house expropriation department and the expropriated person through consultation; If negotiation fails, an assessment agency with corresponding qualifications may be entrusted for assessment and determination.
Thirty-ninth compensation for losses caused by the expropriation of houses shall be determined according to the tax situation, business scale and the period of suspension of production and business before the expropriation of houses.
Fortieth due to the suspension of production and business, the house is expropriated, and the expropriated person chooses to exchange property rights. The period of suspension of production and business is calculated according to the transitional period agreed in the expropriation compensation agreement; If monetary compensation is chosen, the period of suspension of production and business shall be calculated according to no more than six months.
Forty-first expropriation of individual housing, the expropriated person to change the use of housing for business purposes, should be based on the situation of residential housing expropriation compensation; If a business license has been obtained according to law, appropriate subsidies can be given to the part actually used for business according to the actual situation such as business situation, business years and tax payment. Specific subsidy measures shall be formulated by the municipal and county people's governments.
Article 42 The house expropriation department and the expropriated person shall, in accordance with the relevant provisions, conclude a compensation agreement on matters such as compensation method, compensation amount and payment term, location and area of the property right exchange house, relocation expenses, temporary resettlement expenses or turnover house, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Article 43 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme or the expropriated person is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 44 After the people's government of the city or county that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.
Article 45 If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
Article 46 No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic.
No unit or individual may forcibly demolish the house of the expropriated person and force the expropriated person to move before the house expropriation department and the expropriated person have not signed a compensation agreement or the people's government at the city or county level has not made a compensation decision according to law.
Construction units are prohibited from participating in relocation activities.
Forty-seventh house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of expropriation.
Chapter V Legal Liability
Article 48 If the staff of the people's government at the city or county level and the house expropriation department fail to perform their duties as stipulated in these Measures in the house expropriation and compensation work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the administrative organ at a higher level or the relevant department 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-ninth by violence, threats and other illegal means or in violation of the provisions of the interruption of water supply, heat supply, gas supply, power supply and road traffic to force the expropriated person to move, shall be ordered to make corrections; 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 it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 Whoever, in violation of the provisions of these measures, forcibly demolishes the house of the expropriated person and forces the expropriated person to move before the house expropriation department and the expropriated person have not signed a compensation agreement or the municipal or county people's government has not made a compensation decision according to law, thus causing losses, 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.
Article 51 Whoever embezzles, misappropriates, privately divides, intercepts or defaults on compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning and informed criticism to the relevant responsible units; 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.
Fifty-second use violence, threats and other methods to hinder the housing expropriation and compensation work carried out according to law, which constitutes a violation of public security management, and shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 53 Whoever forges, alters, buys or sells or steals, robs or destroys official documents, certificates or relevant certification materials of state organs to defraud the house expropriation compensation shall be recovered according to law, and the legal responsibilities of the responsible persons concerned shall be investigated according to law.
Article 54 If a real estate appraisal institution or appraiser issues an appraisal report with false records or major errors, the issuing authority shall order it to make corrections within a time limit, give a warning, impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the real estate appraisal institution, and impose a fine of not less than 1 10,000 yuan but not more than 30,000 yuan on the real estate appraiser, and record it in the credit file; If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Real estate price assessment agencies that charge fees in violation of regulations shall be punished by the competent price department according to law.
Chapter VI Supplementary Provisions
Fifty-fifth city and county people's governments shall, in accordance with the provisions of these measures, formulate specific implementation rules.
Article 56 These Measures shall be implemented as of September 1 year 1 day. Before the implementation of the collection regulations, the projects that have obtained the house demolition permit according to law will continue to be handled in accordance with the original provisions, but the government shall not instruct the relevant departments to forcibly dismantle them. Before the implementation of these measures, the projects that have made a decision on house expropriation according to law shall be implemented in accordance with the compensation scheme and relevant provisions stipulated in the original expropriation decision.