Chapter I General Provisions
Article 1 In order to regulate the expropriation and compensation activities of houses on state-owned land, safeguard 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 Regulations of the State Council on Expropriation and Compensation of Houses on State-owned Land and relevant laws and regulations, and combined with the actual situation of this Municipality.
Article 2 Within the jurisdiction of New City, beilin district, Lianhu District, Yanta District, weiyang district, Baqiao District, Xi Hi-tech Industrial Development Zone, Xi Economic and Technological Development Zone, Xi Qujiang New District, Xi Chanba Ecological Zone, Xi International Port Area, Xi Yanliang National Aviation Hi-tech Industrial Base, Xi National Civil Aerospace Industrial Base and Xi Anfeng East New City (hereinafter referred to as the Development Zone).
Article 3 The Municipal Housing Security and Housing Management Bureau is the administrative department in charge of housing expropriation and compensation in this Municipality (hereinafter referred to as the municipal housing expropriation department), and its subordinate municipal housing expropriation management office is specifically responsible for the daily supervision and management of housing expropriation and compensation in this Municipality.
The people's governments of Xincheng District, beilin district, Lianhu District, Yanta District, weiyang district and Baqiao District are responsible for the expropriation and compensation of houses on state-owned land within their respective administrative areas. The house expropriation department determined by the District People's Government shall organize and implement the house expropriation and compensation work within its jurisdiction.
The Development Zone Management Committee (hereinafter referred to as the Development Zone Management Committee) is entrusted by the Municipal People's Government to be responsible for organizing the implementation of the house expropriation and compensation work on state-owned land within its jurisdiction.
The Municipal People's Government shall be responsible for the house expropriation and compensation for major projects determined by the Municipal People's Government.
Fourth development and reform, construction, planning, land, shed reform, finance, public security, urban management and law enforcement departments in accordance with the provisions of these measures and the division of responsibilities, cooperate with each other to ensure the smooth progress of housing expropriation and compensation.
Fifth housing expropriation and compensation should follow the principles of democratic decision-making, due process and open results.
Sixth city housing levy management office shall establish a unified information platform for housing levy in the city, and strengthen the supervision and management of housing levy. The District People's Government and the Administrative Committee of the Development Zone shall, in accordance with the requirements of the Municipal Housing Expropriation Management Office, incorporate the information of housing expropriation and compensation into the information platform of housing expropriation.
Seventh any organization or individual who violates the provisions of these measures has the right to report to the municipal competent department of collection, the District People's government and the Development Zone Administrative Committee. After receiving the report, the municipal tax collection department, the District People's Government and the Administrative Committee of the Development Zone shall promptly verify and handle it.
Chapter II Collection Decision
Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the municipal and district people's governments shall make a decision on house expropriation, and the administrative committee of the Development Zone shall make a decision on house expropriation upon the entrustment of the Municipal People's government:
(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.
Before the house expropriation decision is made, the District People's Government and the Administrative Committee of the Development Zone shall file with the municipal competent department of expropriation, and the specific work shall be undertaken by the municipal house expropriation management office.
Article 9 To make a decision on house expropriation, the following conditions shall be met:
(a) the approval document of the construction project;
(two) the planning permit for construction land issued by the planning department or the planning and design conditions confirmed;
(3) Land-related documents of the land and resources department;
(4) Compensation plan.
The construction of affordable housing projects and the transformation of old urban areas should also be included in the annual plans for national economic and social development of cities and districts.
Tenth district housing expropriation departments, development zone management committee to deal with the scope, location, use, construction area of the house to be expropriated. When conducting investigation and registration, the expropriated person shall cooperate. The investigation results shall be announced to the expropriated person within the scope of expropriation. If the expropriated person disagrees with the investigation results, it shall investigate and verify it in time.
Eleventh the implementation of housing expropriation, housing ownership certificate or land use right certificate, public housing lease certificate for household compensation certificate.
Twelfth after the scope of house expropriation is determined, it is not allowed to build, expand, rebuild houses and change the use of houses within the scope of house expropriation. In violation of the provisions of the implementation, no compensation. City housing levy management office, district housing levy department, Development Zone Management Committee shall notify the relevant departments in writing to suspend the following procedures:
(a) to suspend the formalities for new construction, expansion, alteration and change of housing use and household registration;
(two) to suspend the business license.
The written notice shall specify the suspension period, and the longest suspension period shall not exceed 1 year.
Thirteenth district housing expropriation departments, development zone management committee shall, according to the preliminary investigation, the collection cost calculation, etc., in accordance with the provisions of these measures to develop compensation programs.
City, District People's Government or Development Zone Administrative Committee shall organize relevant departments to demonstrate the compensation scheme, and publish it within the scope of house expropriation to solicit public opinions. The time for soliciting opinions shall not be less than 30 days.
Fourteenth city, District People's government or the administrative committee of the development zone shall solicit opinions in a timely manner and modify the situation according to public opinions.
Because of the need to levy houses for the transformation of the old city, most of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, and shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Fifteenth District People's government, the development zone management committee shall, in accordance with the relevant provisions of the social stability risk assessment, and submit the assessment report to the relevant departments in accordance with the provisions.
The compensation funds collected by the District People's Government and the Administrative Committee of the Development Zone shall be fully in place and earmarked; Where property rights exchange is implemented, it shall be implemented.
Sixteenth housing expropriation decisions involving a large number of people, by the municipal and District People's government executive meeting to discuss and decide.
Seventeenth house expropriation decisions shall be announced in a timely manner. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
City housing levy management office to deal with personnel engaged in housing levy and compensation work for laws, regulations and other related knowledge training.
City housing levy management office, the district people's government where the levy is located or the administrative committee of the development zone and relevant departments shall do a good job in the publicity and explanation of housing levy and compensation.
If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.
Eighteenth people who are dissatisfied with the decision of house expropriation may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter III Compensation
Nineteenth before the house expropriation decision is made, the municipal and District People's governments or the administrative committee of the development zone shall organize the planning, land and construction departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to buildings that are recognized as legal; Temporary buildings that have not exceeded the approved period shall be compensated according to their remaining service life; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Twentieth the construction area and use of the house to be expropriated shall be subject to the records of the house ownership certificate. If the certificate of ownership of the expropriated house does not specify the construction area and use, or the construction area and use are controversial, the municipal and district people's governments or the administrative committee of the development zone shall organize relevant departments of development and reform, planning, land and construction to conduct investigation and identification, and deal with them in accordance with laws and regulations.
Twenty-first after the decision of house expropriation is made, the following compensation shall be given to the expropriated person:
(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.
Twenty-second people can choose monetary compensation, but also can choose housing property rights exchange.
If the individual residence is expropriated due to the transformation of the old city and the expropriated person chooses to exchange the house property rights, the District People's Government and the Development Zone Administrative Committee shall provide houses within or near the expropriation scope according to the local urban planning.
Twenty-third 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.
The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications.
The selection of real estate appraisal institutions, credit management, appraisal technical standards, appraisal disputes and other matters shall be implemented in accordance with relevant regulations.
Article 24 If the expropriated person chooses monetary compensation, he shall be subsidized according to 20% of the assessed value of the expropriated house.
Article 25 If the expropriated person chooses to exchange property rights, the difference between the value of the expropriated house and the value of the house used for property rights exchange shall be calculated and settled.
The value of the house to be expropriated and the value of the house used for property right exchange shall be assessed by the same real estate price assessment institution at the same assessment time and with the same value connotation and technical route.
The municipal collection department shall organize the establishment of a real estate price appraisal expert committee composed of real estate appraisers and experts in price, real estate, urban planning and law. If the applicant disagrees with the results of the review by the assessment agency, the expert committee on real estate price assessment shall conduct the assessment in accordance with the relevant provisions.
Twenty-sixth expropriation of public housing, housing property rights should be exchanged. After the exchange of property rights, the expropriated person shall re-sign the house lease contract with the lessee. Unless otherwise agreed before collection, such agreement shall prevail.
Twenty-seventh residential housing property rights exchange, property rights exchange housing interior construction area should not be less than the housing interior construction area.
If the property rights are exchanged outside the scope of expropriation, the location of the house will be exchanged according to the property rights, and each household will be rewarded with 10% to 20% of the construction area of the house to be expropriated. The specific reward area will be stipulated in the compensation plan.
The sum of the interior construction area of the house to be expropriated and the interior construction area of the reward is exchanged according to the nearest room type.
If the property right is exchanged for private property, the difference between the building area of the expropriated house and the building area of the property right exchange house shall be settled according to the assessed value. Reward indoor construction area is not settled.
The pool area does not settle the house price.
Article 28 If the expropriated person meets the minimum living guarantee conditions, if the construction area of the property right exchange house is equal to that of the expropriated house, the difference will not be settled, except that the assessed value of the expropriated house is higher than that of the property right exchange house; According to the provisions of Article 27 of these Measures, the indoor construction area shall not be settled; The part that does not reach the interior construction area of the same type of apartment shall be settled according to 50% of the assessed value of the property right exchange house.
Twenty-ninth expropriated people meet the housing security conditions, in accordance with the relevant provisions of the province and city.
Thirtieth expropriation of independent business premises adopts hall-style business premises property rights exchange, the interior construction area of the property rights exchange premises shall not be less than the interior construction area of the expropriated premises, and the interior construction area shall be partially settled according to the assessed value.
The pool area does not settle the house price.
Article 31 If the property rights of business buildings and other non-residential buildings are exchanged, and the property rights are exchanged outside the scope of expropriation due to urban planning and other reasons, each household will be given a reward of 10% to 30% of the interior construction area of the expropriated house according to the location of the property rights exchange house, and the house price will not be settled for the interior construction area, and the specific reward area will be specified in the expropriation compensation scheme.
Article 32 If the district house expropriation departments and the administrative committee of the Development Zone fail to provide revolving houses to the expropriated persons and public housing tenants who choose to exchange property rights, they shall pay the fees to the expropriated persons and public housing tenants in the transitional period before the delivery of the houses in accordance with the following provisions:
(a) for the expropriation of residential houses, the temporary resettlement compensation fee of 0.35% of the assessed value of the expropriated houses shall be paid monthly. If the compensation for temporary resettlement is lower than 500 yuan/month, it shall be paid according to 500 yuan/month.
(two) the collection of commercial, production and processing houses, and the monthly payment of temporary resettlement compensation fee of 0.35% of the assessed value of the house; If the loss of production or business suspension is caused, the compensation for the loss of production or business suspension of 0. 1% of the assessed value of the expropriated house shall be paid monthly.
(three) the expropriation of office space, the monthly payment of temporary resettlement compensation fee of 0.35% of the assessed value of the expropriated house.
(four) the expropriation of storage and other houses, the monthly payment of temporary resettlement compensation fee of 0.25% of the assessed value of the house.
Thirty-third property rights exchange houses for multi-storey houses (including seven floors below) the transition period is generally not more than 24 months; The transition period of small high-rise and high-rise residential buildings generally does not exceed 30 months. The transition period is calculated from the date when the expropriated person or public housing tenant delivers the house.
If the transition period agreed in the compensation agreement is exceeded, the compensation for temporary resettlement and the compensation for suspension of production and business shall be paid twice the original standard every month from the overdue month.
Thirty-fourth due to the expropriation of commercial, production and processing houses, the expropriated person chooses monetary compensation, resulting in the loss of production or business suspension, and 2% of the assessed value of the expropriated house is given a one-time compensation for the loss of production or business suspension.
If the production and business operation unit or individual of the expropriated house is not the expropriated person, the compensation for the loss of production or business suspension shall be distributed according to the agreement with the expropriated person; If there is no agreement, the expropriated person shall negotiate with the production and business operation entity or individual for distribution; If the negotiation fails, the district housing levy department and the Development Zone Administrative Committee shall file a case for notarization of the compensation for the loss of production and business suspension, and pay it after the parties negotiate or the litigation result is determined.
Thirty-fifth district housing levy departments and development zone administrative committees shall pay relocation compensation to the expropriated person and public housing tenant in accordance with the following provisions:
(1) The relocation compensation is 2000 yuan/household.
(two) involving fixed telephone transfer, air conditioning, cable TV, broadband network relocation and other expenses, according to the collection decision announced on the date of compensation.
(three) involving the relocation of equipment, the relocation compensation shall be paid according to the provisions of the state and provinces and cities on the price of goods transportation.
Article 36 If the expropriated person or public housing tenant moves within 20 days from the date of choosing a real estate price assessment agency, the district housing expropriation department and the Development Zone Management Committee will give each household a reward of10.5 million yuan, and if monetary compensation is selected, each household will receive an additional reward of10.5 million yuan; If you move within 20 to 30 days, each household will be rewarded with 1 10,000 yuan; if you choose monetary compensation, each household will be rewarded with 1 10,000 yuan; Relocation for more than 30 days will not be rewarded.
Thirty-seventh the level and orientation of the property right exchange house shall be independently selected by the expropriated person and the public housing tenant according to the delivery sequence number, and shall be announced.
Thirty-eighth houses used for property rights exchange shall meet the following requirements:
(a) in line with national quality and safety standards;
(2) Clear property rights;
(3) Meet the occupancy conditions.
The minimum construction area of residential houses with property rights exchange shall not be less than 40 square meters, and the difference in construction area of each set shall not be less than 8 square meters.
Article 39 The district house expropriation department, the administrative committee of the Development Zone, the expropriated person and the lessee of public housing shall, in accordance with the provisions of these Measures, conclude compensation agreements on matters such as compensation method, compensation amount and payment period, location and area of the house with property rights exchange, relocation expenses, temporary resettlement expenses or revolving houses, losses due to suspension of production or business, 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 40 If the district house expropriation department, the Development Zone Administrative Committee, the expropriated person and the public housing tenant fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme or the owner of the expropriated house is unknown, the people's government that made the decision on house expropriation shall make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of these Measures, and make an announcement within the scope of house expropriation.
Before making a compensation decision, the District People's Government shall report the compensation decision scheme to the Municipal Housing Expropriation Management Office for the record.
If the expropriated person or the lessee of public housing refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Forty-first housing expropriation should be compensated first, and then moved.
After compensation is given to the expropriated person and the lessee of public housing, the expropriated person and the lessee of public housing shall complete the relocation within the relocation period stipulated in the compensation agreement or compensation decision.
No unit or individual may force the expropriated person and public housing tenant to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
Article 42 If the expropriated person or lessee of public housing fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the time limit stipulated in the compensation decision, the people's government that made the decision on housing expropriation shall apply to the people's court for compulsory execution according to law.
Article 43 After the signing of the expropriation compensation agreement, the expropriated person and the lessee of public housing shall return the land use certificate, house ownership certificate, lease certificate and other related materials together, and the relevant departments shall go through the cancellation procedures with the land resources and housing management departments in time.
Where property rights are exchanged, the relevant departments shall, in accordance with the provisions of the agreement, handle the housing registration formalities for the expropriated person in time. The expropriated person shall deposit the special maintenance fund of the property right exchange house in accordance with the relevant provisions on the management of the special maintenance fund of the house.
Forty-fourth supervisory organs should strengthen the supervision of the units and their staff involved in the work of house expropriation and compensation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Chapter IV Legal Liability
Forty-fifth in the housing expropriation and compensation work, the relevant staff abuse their powers, neglect their duties, engage in malpractices for selfish ends, the municipal and District People's governments 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-sixth by violence, threat or violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic and other illegal means 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.
Forty-seventh by violence, threats and other means to hinder the housing expropriation and compensation work according to law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Article 48 Whoever 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.
Article 49 If a real estate appraisal institution or real estate appraiser issues a false or seriously wrong appraisal report, the issuing authority shall order it to make corrections within a time limit, give a warning, impose a fine of 50,000 yuan to 200,000 yuan on the real estate appraisal institution, and impose a fine of 6,543.8+0,000 yuan to 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.
Chapter V Supplementary Provisions
Fiftieth Lintong District, yanliang district, Chang 'an District and municipal counties on the state-owned land housing expropriation and compensation work, by the district and county people's government with reference to the provisions of these measures.
Article 51 These Measures shall come into force as of the date of promulgation. On May 10, 2004, the Detailed Rules for the Implementation of the Management of Urban House Demolition in Xi City issued by Decree No.22 of Xi Municipal People's Government shall be abolished at the same time. Before the implementation of these measures, projects that have obtained housing demolition permits according to law shall continue to be implemented in accordance with the originally approved implementation plan, but the government shall not instruct relevant departments to implement administrative compulsory demolition.