"Sichuan Province, state-owned land housing expropriation and compensation regulations," divided into general provisions, expropriation decisions, assessment, compensation, supervision and management, legal responsibility, bylaws, 7 chapters and 57 articles, since January 1 shall come into force. The following Aiyan Education brings you the full text of the content, welcome to view!
Regulations of Sichuan Province on the expropriation and compensation of housing on state-owned land
(Adopted at the 12th meeting of the Standing Committee of the Twelfth Sichuan Provincial People's Congress on September 26)
Chapter I General Provisions
Article 1 In order to regulate the behavior of the expropriation and compensation of housing on state-owned land, to safeguard the interests of the public ****, and to protect the lawful rights and interests of the owners of the expropriated houses.
Article 2 in the administrative area of Sichuan Province, for the public **** interests need to expropriation of state-owned land units, individual housing, the expropriation of housing owners (hereinafter referred to as the expropriated) to give compensation, the application of these regulations.
Article 3 housing expropriation and compensation should follow the scientific and democratic decision-making, due process and lawful, fair and open compensation principle.
Article IV municipal and county people's governments are responsible for the administrative region of the housing expropriation and compensation.
Municipal and county people's governments to determine the housing expropriation department (hereinafter referred to as the housing expropriation department) to organize the implementation of the administrative region of the housing expropriation and compensation work.
The relevant departments of the people's governments at the municipal and county levels shall, in accordance with the division of responsibilities, cooperate with the work related to housing expropriation and compensation.
Street offices, township (township) people's government within the scope of responsibility for housing expropriation and compensation work.
Article 5 of the housing expropriation department can be entrusted in accordance with the law, the implementation of housing expropriation unit, undertake the specific work of housing expropriation and compensation. According to the needs can be completed through the purchase of public **** services, surveying and mapping, assessment, legal services and other related work.
The housing expropriation implementation unit shall not be for profit. The work expenses required for housing expropriation and compensation shall be guaranteed by the people's governments at the municipal and county levels, and shall not be charged to the expenses of housing expropriation and compensation.
The housing expropriation department is responsible for supervising the housing expropriation and compensation behavior of the housing expropriation implementation unit within the scope of entrustment, and bears legal responsibility for the consequences of its behavior.
Article 6 of the housing expropriation and compensation staff should be familiar with the laws and regulations of housing expropriation and compensation work, and have the appropriate professional knowledge.
Chapter II expropriation decision
Article 7 according to the needs of the public **** interests, one of the following circumstances, it is necessary to expropriation of housing, by the people's government at the municipal and county levels to make a decision on the expropriation of housing:
(a) the needs of national defense and diplomacy;
(b) by the government to organize and implement the need for the construction of infrastructure, such as energy, transportation, water conservancy;
(c) the need for the construction of infrastructure. p> (C) by the government organization and implementation of science and technology, education, culture, health, sports, environment and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, municipal public utilities and other public **** business needs;
(D) by the government organization and implementation of the need to safeguard the construction of residential housing projects;
(E) by the government in accordance with the relevant provisions of the Urban and Rural Planning Act, the government to implement the implementation of the construction of dangerous houses, concentrated, poor infrastructure and other parts of the site. Concentration, infrastructure backwardness and other parts of the old city reconstruction needs;
(F) laws and administrative regulations provide for other public **** the interests of the need.
Article 8 of the real need to expropriate housing, its construction activities should be consistent with the national economic and social development planning, land use planning, urban and rural planning and special planning.
Protective housing construction, reconstruction of old urban areas, should be included in the municipal and county-level national economic and social development plan.
Article IX really need to expropriate housing, by the housing acquisition department to propose the scope of the proposed expropriation of housing, explaining the public **** interest based on the specific circumstances, reported to the people's government at the municipal and county levels. Municipal and county people's government after the validation of the public **** interests need to expropriation of housing, according to the planning of the land area and the actual condition of the house to determine the scope of housing expropriation, and to be announced.
Article 10 of the implementation of the old urban renewal, should respect the wishes of the owners of the house. Before starting the housing expropriation process, the housing expropriation department should be organized to seek the views of the owners of the house for prior consultation.
More than two-thirds of the total area of housing ownership and the total number of households more than two-thirds of the owners of the house explicitly agreed to the reconstruction, can be included in the scope of the reconstruction of the old city, and in accordance with the provisions of the previous article to start the housing expropriation process.
Article 11 of the scope of housing expropriation is determined and announced, shall not be implemented within the scope of housing expropriation, new construction, expansion, alteration of housing and its appurtenances and change of housing, land use and other acts; violation of the provisions of the implementation of the part of the non-compensable.
Housing expropriation department shall be listed in the preceding paragraph of the written notice to the relevant departments to suspend the relevant procedures. Suspension of the relevant procedures of the written notice shall set out the suspension period. The maximum period of suspension shall not exceed one year.
After the scope of housing expropriation is determined and announced, one of the following acts, no increase in compensation:
(a) housing transfer, division, gift;
(b) new, change of industrial and commercial business registration;
(c) move into the household or household;
(d) other inappropriate behavior for the implementation of increased compensation costs.
Article 12 of the housing expropriation department shall investigate and register the ownership, location, use and floor area of the housing within the scope of housing expropriation. The expropriated person shall cooperate.
The expropriated person does not cooperate with the investigation and registration work, the housing expropriation department in accordance with the housing ownership registration file.
After the investigation and registration work, the results of the investigation shall be publicized within the scope of the housing expropriation, the publicity period shall not be less than seven days. The results of the investigation of objections, should be in the publicity period to the housing expropriation department to submit a written application for verification, the housing expropriation department shall be verified within fifteen days after accepting the application and inform the applicant.
The house within the scope of the expropriation is set with a mortgage, the housing expropriation department shall inform the mortgagee.
Article 13 of the scope of housing expropriation is determined, the municipal and county people's governments shall organize urban and rural planning, housing and urban-rural construction, land and resources and other relevant departments in accordance with the law on the scope of housing expropriation of the unregistered buildings for investigation, identification and processing. Compensation shall be given to those identified as legal buildings and temporary buildings that have not exceeded the approved period; and no compensation shall be given to those identified as illegal buildings and temporary buildings that have exceeded the approved period.
Municipal and county-level people's governments shall unregistered building identification and processing results in the scope of the housing expropriation public notice, the public notice period shall not be less than seven days.
The parties have objections to the results of the determination and processing, shall be put forward during the publicity period, the determination and processing of the department shall be verified and make a decision on the processing.
Article 14 of the expropriation of registered housing, its nature, use and floor area of the certificate of ownership or housing register shall prevail as the basis for compensation for the expropriation; certificate of ownership of the matters recorded in the housing register shall be consistent; inconsistent records, in addition to evidence that there is a real error in the housing register, the housing register shall prevail.
Article 15 of the housing expropriation department in the investigation and registration, the expropriation compensation costs should be measured.
Article 16 of the housing expropriation department to draw up the expropriation compensation program, reported to the people's government at the municipal and county levels. Housing expropriation compensation program shall include the following: (a) the purpose of housing expropriation;
(b) the scope of housing expropriation and the basic situation of the expropriated housing;
(c) the compensation method and compensation standards;
(d) for property rights exchange of the basic situation of the housing and the time of delivery;
(e) the loss of shutdown loss of compensation standard;
p> (vi) the period for signing the expropriation compensation agreement;
(vii) the relocation period and the relocation transition method and transition period;
(viii) the standard of subsidies and incentives;
(ix) other matters.
The people's governments at the municipal and county levels shall organize relevant departments to review and validate the expropriation compensation plan, and publish it within the scope of the housing expropriation to solicit public opinions. The period for soliciting opinions shall not be less than thirty days.
Article 17 of the expropriation compensation plan has the opinion, should hold my identification, within the period of consultation in writing to the department of housing expropriation.
The people's governments at the municipal and county levels shall publicize in a timely manner the situation of the expropriation compensation plan and the revised expropriation compensation plan based on the opinions.
If more than half of the people being expropriated think that the expropriation compensation plan does not comply with the regulations or is unfair, the people's government at the municipal or county level shall organize a hearing for the people being expropriated and the public representatives, and modify the plan according to the hearing.
Article 18 of the municipal and county people's governments to make decisions on housing expropriation before the housing expropriation department shall conduct a social stability risk assessment. The conclusion of the social stability risk assessment shall be used as an important basis for the decision on whether to make housing expropriation.
The social stability risk assessment report shall assess the legality, reasonableness, feasibility and possible risks of housing expropriation, and according to the conclusions of the assessment to develop appropriate risk prevention, resolution, disposal measures and emergency plans.
Article 19 of the municipal and county people's governments to make decisions on housing expropriation before the expropriation of compensation costs should be in place in full, special account storage, earmarked. The use of housing property rights exchange compensation for the expropriated person, the value of the property rights exchange of housing should be included in the total amount of compensation for expropriation.
Article 20 of the municipal and county people's governments shall make decisions on housing expropriation based on the determined expropriation compensation plan, social stability risk assessment report and expropriation compensation fees in place. If the decision on housing expropriation involves a large number of people being expropriated, it shall be discussed and decided by the executive meeting of the people's government at the municipal or county level.
After the decision on housing expropriation, it shall be announced in three days on the government and departmental websites and other media and in a prominent position within the scope of housing expropriation.
The announcement of the decision of housing expropriation shall set out the purpose of the expropriation, the scope of the expropriation, the implementation of the expropriation unit, the expropriation compensation plan, the contract period, the right to administrative reconsideration and administrative litigation, as well as prohibit the implementation of the expropriation of the scope of the act and other matters.
Article 21 of the implementation of the reconstruction of the old city, the housing expropriation department shall organize the expropriated person in accordance with the compensation plan, signed with the effective conditions of the compensation agreement. Within the signing period, the number of households that have signed the compensation agreement with effective conditions reaches the prescribed proportion, the people's government at the municipal and county levels to make a decision on the expropriation; does not reach the prescribed proportion, the termination of the expropriation procedure. Signed with the effective conditions of the compensation agreement of the number of households by the municipal and county people's governments to determine the proportion, but shall not be less than ninety percent.
Article 22 of the expropriated people of the municipal and county people's governments to make the decision of housing expropriation, may apply for administrative reconsideration, can also bring an administrative lawsuit according to law.
Chapter III Assessment
Article 23 The value of the expropriated houses shall be assessed and determined by the real estate price appraisal institutions with appropriate qualifications.
Article 24 of the real estate price assessment shall be in accordance with the technical standards and assessment procedures prescribed by the state, based on the benchmark land price, the standardized land price and the replacement price of various types of housing, with reference to the local market price assessment.
Real estate price appraisal institutions and their registered practitioners shall carry out appraisal work independently, objectively and impartially, and bear legal responsibility for the appraisal reports issued.
Article 25 of the provincial people's government department in charge of real estate administration shall establish the province's unified public real estate appraisal management information platform, the establishment of real estate price assessment institutions integrity records and credit system.
Article 26 of the real estate price appraisal organization selected by the expropriated person consultation. If the selection cannot be made within fifteen days after the announcement of the decision on housing expropriation, the department of housing expropriation shall organize a vote by the expropriated person or determine the selection randomly by shaking or drawing lots.
Voting to determine the real estate price appraisal organization, there should be more than two thirds of the requisitioners to participate in, and to obtain more than half of the votes of the requisitioners to participate in the vote. If the vote cannot be determined, it can be determined by random selection such as shaking, drawing and so on. Voting to determine or randomly determine the real estate price assessment agency shall be notarized by the notary public on-site.
Article 27 of the real estate price appraisal institutions selected or determined by the housing acquisition department as the principal, to the real estate price assessment agency issued a letter of entrustment for the assessment of housing acquisition, and signed with it the contract of entrustment for the assessment of housing acquisition.
Article 28 The real estate price appraisal institution shall arrange for registered real estate appraisers to conduct on-site inspections of the expropriated houses, and the expropriated person shall provide or assist in the collection of information necessary for the assessment of the value of the expropriated houses.
If the expropriated person cannot verify the internal condition of the expropriated house on the spot, the expropriated department, registered real estate appraiser and disinterested third party witnesses can refer to the on-site inspection of the houses in the same kind of building with the expropriated house in the same location, with the similar household structure and the similar size of the house as the reference basis of the physical condition of the expropriated house and explain the information in the appraisal report. The report will state that the house is in good condition.
The real estate management department and other relevant departments shall facilitate the querying of the ownership of the expropriated house and the house used for property rights exchange as well as the relevant real estate transaction information for the assessment, review assessment and appraisal of the expropriation of the house.
Article 29 of the real estate price assessment institutions shall, in accordance with the letter of entrustment or contract of entrustment of the assessment of housing expropriation, provide the preliminary results of the assessment of the housing expropriation department of the sub-family. The housing expropriation department shall publicize the preliminary assessment results of the sub-division of households within the scope of the expropriation to the expropriated person, and the publicity period shall not be less than seven days.
The registered real estate appraiser in charge of the appraisal project of the housing expropriation shall make on-site explanation during the period of publicity. On the part of the requisitioner reflecting that it is indeed a misvaluation and omission, the registered real estate appraiser should be recorded on the spot and reported to the real estate price appraisal agency for modification, supplementation, and improvement.
Article 30 of the real estate price appraisal institutions shall take the date of the announcement of the expropriation decision as the date of value (appraisal point), and issue an overall appraisal report of the expropriated house and a sub-family appraisal report.
The levied person or the department of housing expropriation has objections to the assessment results, shall apply to the real estate price assessment agency to review the assessment. After review, change the original assessment results, should re-issue the assessment report; assessment results did not change, should be informed in writing to review the assessment of the applicant.
Article 31 of the review results of objections, by the provincial or municipal (state) people's government of the real estate administrative department of the establishment of the housing price assessment expert committee for appraisal. Appraisal expert committee appraisal, appraisal report does not exist technical problems, should maintain the appraisal report; appraisal report exists technical problems, the real estate price appraisal organization issued the appraisal report should be corrected errors, reissue the appraisal report.
Chapter IV Compensation
Article 32 of the state-owned land expropriation of housing by the people's governments at the municipal and county levels of the decision on housing expropriation of the expropriated people to compensate for the compensation, the scope of compensation includes:
(a) compensation for the value of the expropriated housing;
(b) compensation for loss of communications, water, electricity, gas, air conditioning, decorative decoration, and related facilities and equipment due to expropriation;
(c) compensation for the expropriation of the housing, including the loss of the housing, water, electricity, gas and air conditioning, air conditioning, decoration, and related facilities and equipment. (b) Compensation for loss of communications, water, electricity, gas, air-conditioning, decoration, and related facilities and equipment caused by the expropriation;
(c) Compensation for relocation and temporary resettlement caused by the expropriation;
(d) Compensation for loss of production and business due to the expropriation of the house.
The compensation for the value of interior decoration of the expropriated house shall be determined by the negotiation between the department of housing expropriation and the expropriated person; if the negotiation fails, it can be entrusted to the real estate price appraisal organization that has been selected or determined by the appraisal.
Municipal and county-level people's governments can formulate incentives according to the actual situation, and give appropriate subsidies and incentives to the expropriated person.
Article 33 of the expropriated people can choose monetary compensation, can also choose the housing property rights exchange. The people's governments at the municipal and county levels that are in a position to do so shall arrange for existing houses to be used for property right exchange.
If the expropriated person chooses to exchange the property right of the house, the people's government at the municipal or county level shall provide the house for the exchange of property right, and calculate and settle with the expropriated person the difference between the value of the house to be expropriated and the value of the house for the exchange of property right.
In the case of the expropriation of individual houses for the reconstruction of the old urban area, if the expropriated person chooses to carry out the property right exchange in the reconstructed lot, the people's government at the municipal or county level shall provide houses in the reconstructed lot or the nearby lot. Used for property right exchange compensation for residential housing construction area shall not be less than the expropriated housing construction area, the exchange of housing compensation area no longer pay the fee, over the part in accordance with the provisions of the preceding paragraph to be settled separately.
Article 34 of the choice of housing property rights exchange, property rights exchange before the delivery of housing, the expropriated person can choose temporary resettlement compensation, can also choose temporary resettlement transitional housing. In case of choosing temporary resettlement transitional housing, the expropriation department shall not pay compensation for temporary resettlement or compensation for suspension of production and business.
Selection of housing property rights exchange, the transition period does not exceed twenty-four months from the date of the expropriated person signing the compensation agreement and handing over the house; used for property rights exchange house for the new high-rise buildings within the scope of the housing expropriation, the transition period does not exceed thirty-six months from the date of the expropriated person signing the compensation agreement and handing over the house.
Article 35 of the transition period exceeds the agreed, overdue compensation for temporary resettlement, compensation for loss of production and business closure is calculated in accordance with the following standards, and issued in a timely manner:
(a) the expropriation of residential housing, the expropriated person to arrange for their own accommodation, from the date of the expropriation of the compensation agreement and the date of delivery of the house, overdue less than six months, the overdue compensation for temporary resettlement of the time according to the standard of 1.5 times issued; overdue six months, the compensation for temporary resettlement of 1.5 times issued; for ownership exchange of the house for the new high rise building within the scope of the house. If it is overdue for more than six months and less than one year, the compensation fee for temporary resettlement shall be 1.5 times of the stipulated standard for the overdue time. The housing expropriation department to provide swing space transition of the expropriated person, from the month of overdue temporary resettlement subsidies paid monthly; overdue more than one year, the temporary resettlement subsidies for the overdue time according to the stipulated standard of two times; during this period of time the expropriated person has the right to continue to use the resettlement of swing space.
(2) the expropriation of non-residential, more than the transition period of one year or less, the overdue time to stop production and economic loss subsidies in accordance with the prescribed standard 1.5 times; more than one year over the transition period, the overdue time to stop production and economic loss subsidies in accordance with the prescribed standard two times.
Article 36 of the expropriation of dwellings, the expropriated, public rental housing tenants meet the conditions of urban housing security, the city and county people's governments shall make decisions on the expropriation of housing based on urban housing security related laws and regulations and the actual classification of the expropriated people to implement housing security.
For the expropriation of private residential housing with a floor area of less than fifty square meters, the expropriated person who has no housing elsewhere and meets the conditions for urban housing security shall be resettled in a standard household with a floor area of not less than fifty square meters of property rights, and the expropriated person shall no longer pay any supplemental payment of less than fifty square meters.
The chronology of the provision of guaranteed housing for the expropriated may be determined in accordance with the order of actual relocation after the signing of the compensation agreement.
Article 37 of the expropriation of housing caused by the loss of shutdown, shall be compensated according to the efficiency of the house before the expropriation, the period of shutdown and other factors.
Article 38 of the expropriation of housing caused by the loss of production and business, the amount of compensation by the parties to the negotiation to choose one of the following ways to determine:
(a) by a certain percentage of the total appraisal of the expropriated housing;
(b) by the loss of net profit: specifically in accordance with the value of the previous year reported to the tax authorities, or by the two sides *** with the commissioned Intermediary organizations to determine;
(c) Calculated by the wage income of employees: the wage income of employees is calculated according to the average wage income of urban workers in the region in the previous year published by the statistical department, and the number of employees is calculated according to the actual number of employees (excluding temporary staff). If the actual number of employees cannot be approved, it can be determined according to the area of the house or the labor contract filed by the labor department;
(d) Calculated according to the rental income of the expropriated house;
(e) Other compensations formulated by the people's governments of the municipal and county levels.
If the negotiation fails, it can be entrusted to an appraisal organization with appropriate qualifications to determine through assessment.
Article 39 of the determination of the period of suspension of production and business:
(a) the use of property rights exchange compensation, from the date of signing the expropriation compensation agreement and delivery of the expropriated house, to the resettlement of the house delivery of the next month;
(b) the use of monetary compensation compensation, in accordance with the compensation program determined by the period of time a one-time loss of compensation for the suspension of production and business.
Article 40 of the housing expropriation department shall, in accordance with the expropriation compensation program with the expropriated person on the compensation method, the amount of compensation and the payment period, for the location and area of the property rights exchange house, relocation costs, temporary resettlement subsidies or turnover of housing, loss of shutdown, the period of relocation, the transition mode and transition period, and other matters, to enter into a compensation agreement.
If there is a leasing relationship in the expropriated house, the housing expropriation department and the expropriated person sign a compensation agreement, and the expropriated person is responsible for terminating the leasing relationship with the lessee of the house.
Article 41 of the implementation of housing expropriation shall be compensated first, and then relocated. In one of the following cases, the person to be expropriated shall fulfill the obligation to relocate according to law:
(a) the implementation of monetary compensation, compensation has been fully stored, the person to be expropriated can independently withdraw;
(b) the implementation of the property rights of the existing house for the exchange of the people's government of the municipal and county governments have been determined by the property rights for the exchange of the housing, the person to be expropriated to relocate the completion of the actual handling of the delivery of the house;
(C) the implementation of property right exchange, the municipal and county people's governments have determined the property right exchange housing, in the levye relocation is completed, the property right exchange housing completion and acceptance can be agreed upon after the delivery of housing, and has paid temporary resettlement fee or to provide temporary swing space.
Article 42 of the housing expropriation department and the expropriated person in the expropriation compensation program to determine the signing of the contract period can not reach a compensation agreement, or the expropriated house owner can not be clear, by the housing expropriation department to report to the people's government of the city or county level to make the decision on the expropriation of the house in accordance with the provisions of these regulations, in accordance with the expropriation compensation program to make a decision on the compensation and the expropriation of the house within the scope of the public announcement.
The compensation decision shall specify the following:
(1) the compensation method, the amount of compensation, and the payment period;
(2) the address, area, relocation fee, and temporary resettlement fee of the house used for property right exchange;
(3) the loss of shutdown, the relocation period, the mode of transition, and the period of transition;
(4) monetary compensation or property right exchange options given to the levyee. compensation or property right exchange options;
(v) the compensation for the expropriated person has been stored in the bank account;
(vi) the basis and reasons for the compensation decision;
(vii) the expropriated person's right to apply for administrative reconsideration and administrative litigation in accordance with the law, and the matters for which the expropriated person applies for administrative reconsideration and administrative litigation;
(viii) other Matters.
Article 43 of the municipal and county people's governments to make decisions on housing compensation, shall verify the materials submitted by the department of housing expropriation, and inform the expropriated person of the right and time limit for statement and defense on the matters to be decided on compensation.
Municipal and county-level people's governments can organize mediation meetings to listen to the opinions of the housing expropriation department, the expropriation implementation unit and the expropriated person before making a decision on housing compensation.
Article 44 of the expropriated person is not satisfied with the compensation decision, can apply for administrative reconsideration, can also bring an administrative lawsuit.
If the expropriated person does not apply for administrative reconsideration within the statutory period or does not bring an administrative lawsuit, and refuses to complete the relocation within the relocation period determined by the compensation decision, the people's government at the municipal or county level that makes the expropriation decision shall apply to the People's Court of the place where the house is located for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation and the account number of the special account storage, the location and area of the property rights exchange house and swing space.
Article 45 No unit or individual shall take violence, threat, deception or violation of the provisions of the interruption of water supply, heat, gas, electricity and road access and other methods to force the requisitioner to relocate.
Chapter V Supervision and Administration
Article 46 The provincial people's government shall strengthen the supervision of the people's government of the lower levels of housing expropriation and compensation work.
The department in charge of housing and urban-rural construction of the provincial people's government shall, in conjunction with the departments of development and reform, finance, and land and resources, strengthen the supervision and guidance of the work of housing expropriation and compensation.
The higher-level housing expropriation department shall supervise and guide the housing expropriation and compensation work carried out by the lower-level housing expropriation department.
Article 47 The people's governments at the municipal and county levels shall establish a working mechanism conducive to the prevention and resolution of disputes over expropriation and compensation, and utilize consultation, mediation and other methods to deal with the demands reflected by the expropriated persons in accordance with the law, in a reasonable and timely manner.
Article 48 The auditing authorities shall strengthen the supervision of the management and utilization of the expropriation and compensation expenses, and publish the audit results to the society according to law.
The supervisory organs shall strengthen the supervision of the government and relevant departments or units involved in housing expropriation and compensation and their staff.
Article 49 of the housing expropriation and compensation related information shall be disclosed to the public according to law, and accept public supervision. Not published in accordance with the provisions, shall not be used as the basis for expropriation and compensation.
The news media shall carry out expropriation and compensation laws and regulations publicity, expropriation and compensation for public opinion supervision.
Any unit or individual may, in accordance with the law, complain or report to the people's government at all levels, the housing expropriation department and other relevant departments about the behavior that harms the legitimate rights and interests of the expropriated. The people's governments, housing expropriation departments and other relevant departments shall promptly verify and deal with the complaints and reports.
Chapter VI Legal Liability
Article 50 of the municipal and county people's governments and their relevant administrative departments, housing expropriation implementation unit staff in the housing expropriation and compensation work does not perform the duties specified in these regulations, or abuse of power, dereliction of duty, favoritism and malpractice, by the unit or the competent authorities of the higher order to correct, and notification of criticism; causing losses, according to law Bear the responsibility for compensation; the directly responsible officer in charge and other personnel directly responsible, shall be given sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Article 51 to take violence, threat or violation of the provisions of the interruption of water supply, heat, gas, electricity and road access and other illegal methods to force the expropriated person to relocate, resulting in losses, according to the law to bear the responsibility for compensation; the directly responsible persons in charge and other personnel directly responsible for the crime does not constitute a crime, according to the law to give sanctions; violation of public security management, according to the law to give the public security management punishment; constitute a crime, according to the law to pursue criminal prosecution. Constitutes a crime, shall be investigated for criminal responsibility.
Article 52 embezzlement, misappropriation, misappropriation, retention, delinquency in the expropriation of compensation costs, and ordered to correct, recover the money, return the illegal income within a period of time, the responsible unit of notification of criticism, give a warning; causing losses, according to law to bear the responsibility of compensation; on the directly responsible for the competent person and other directly responsible personnel, does not constitute a crime, according to law, be given sanctions; constitutes a crime, according to law, criminal responsibility. Criminal responsibility shall be investigated according to law.
Article 53 to take violence, threats and other illegal ways to obstruct the law of housing expropriation and compensation work, constituting a violation of public security management behavior, shall be given public security management penalties; constitutes a crime, shall be investigated for criminal responsibility.
Article 54 of the forgery, alteration, sale or theft, robbery, destruction of official documents of state organs, certificates or related materials fraudulent housing expropriation and compensation, shall be recovered according to law, and shall be investigated according to law the responsibility of the relevant responsible person.
Article 55 of the real estate price appraisal institutions or real estate appraisers issued false or significant errors in the appraisal report, the licensing authority shall order rectification within a specified period of time, give a warning to the real estate price appraisal institutions and impose a fine of more than 50,000 yuan of less than two hundred thousand yuan, and impose a fine of more than 10,000 yuan of more than 30,000 yuan of the real estate appraisers, and credited to the credit file; the circumstances are serious, the suspension of the qualification certificate, certificate of registration. Qualification certificates, registration certificates; caused losses, according to the law to bear the responsibility for compensation.
Chapter VII Supplementary Provisions
Article 56 of the regulations referred to the housing refers to the state-owned land within the scope of the expropriation of housing buildings and structures.
Article 57 of these regulations shall come into force on January 1