"Jiangxi Province, the implementation of housing on state-owned land expropriation and compensation measures" has been considered and adopted on December 1, the 34th provincial government executive meeting, is hereby promulgated, since March 1 shall come into force.
Governor Lu Xinshe
December 5
(This piece of active public)
Jiangxi Province, the implementation of measures for the expropriation and compensation of housing on state-owned land
Chapter I General Principles
The first in order to regulate the expropriation of housing on state-owned land and compensation activities, to safeguard the interests of the public ****, to ensure that the expropriation of the house owners of lawful rights and interests, according to the State Council's "State-owned land", the "State-owned land", the "State-owned land", and the "State-owned housing". Legal rights and interests, according to the state council "state-owned land housing expropriation and compensation regulations", combined with the actual situation in this province, the formulation of these measures.
Article 2 in the administrative area of the province on state-owned land to implement housing expropriation and compensation, the application of these measures.
Article 3 housing expropriation and compensation should follow the principle of democratic decision-making, due process, fair compensation, and open results.
Article 4 The people's governments of cities and counties (cities and districts) are responsible for the expropriation and compensation of housing in their administrative areas.
Article 5 of the municipal, county (city, district) people's government to determine the housing expropriation department is responsible for the organization and implementation of the administrative region of the housing expropriation and compensation work.
The people's governments of the cities and counties (cities and districts) in the districts shall cooperate with each other in accordance with the provisions of these Measures and the division of responsibilities to ensure the smooth progress of the housing expropriation and compensation work.
The street office where the expropriated house, township people's government shall cooperate with the work related to housing expropriation and compensation.
Article 6 of the housing expropriation department can be entrusted with the implementation of housing expropriation unit, to undertake the specific work of housing expropriation and compensation. The housing expropriation implementation unit shall not be for profit.
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.
The housing expropriation department shall train the personnel engaged in the work of housing expropriation and compensation in the relevant laws, regulations and business knowledge, so as to achieve civilized service and standardization.
Article 7 of the provincial people's government departments in charge of housing and urban-rural construction shall strengthen the guidance of the implementation of housing expropriation and compensation throughout the province.
The provincial people's government development and reform, finance, land and resources and other relevant departments shall, in accordance with their respective responsibilities, to do a good job of housing expropriation and compensation of the relevant guidance.
Chapter II expropriation decision
Article 8 in order to protect national security, promote national economic and social development and other public **** interests, the State Council, "State-owned land housing expropriation and compensation regulations" one of the circumstances listed in Article 8, there is a need to expropriation of housing by the municipal government of the city, county (city, district) to make a decision on housing expropriation.
Article 9 in accordance with the provisions of Article 8 of these measures, the need to requisition housing construction activities, should be consistent with the city, county (city, district) national economic and social development planning, land use planning, urban and rural planning and special planning.
Guaranteed housing construction, reconstruction of old urban areas, should be included in the cities, counties (cities, districts) of the national economy and social development of the annual plan.
Article 10 of the housing requisition department of the construction projects do need to requisition houses, shall, in conjunction with the urban and rural planning departments to rationally develop the scope of the housing requisition, reported to the people's government at this level to determine, and in the scope of the housing requisition to be announced.
Article 11 of the scope of housing expropriation is determined, shall not be implemented within the scope of housing expropriation of new construction, expansion, alteration of housing and its appurtenances and change the use of housing, land, and other inappropriate increase in the cost of compensation; violation of the implementation of the provisions of the compensation shall not be compensated.
The housing expropriation department shall notify the same level of land resources, urban and rural planning, real estate management, industry and commerce, taxation, public security and other relevant departments in writing of the suspension of the relevant procedures. The written notice of the suspension of the relevant formalities shall set forth the matters to be suspended and the period of suspension. The suspension period shall not exceed one year from the date of the levy announcement.
Article 12 of the housing expropriation department shall be within the scope of the housing expropriation of housing ownership, location, use, floor area, and land use rights and other circumstances of the organization of the investigation and registration of the expropriated housing owners (hereinafter referred to as the expropriated person), the public housing tenant shall be co-operated with. The results of the investigation shall be announced to the expropriated person within the scope of the housing expropriation.
For houses within the scope of expropriation that have been registered in accordance with law, the nature, use and floor area shall be subject to the records in the certificate of ownership of the house and the house register; if the certificate of ownership of the house and the house register are inconsistent with each other, the house register shall be subject to the records in the house register, unless there is evidence proving that there is a genuine error in the house register.
For buildings within the scope of housing expropriation that are not registered in accordance with the law, the real estate management department, in conjunction with the land resources, urban and rural planning and other units to investigate and identify the investigation and identify legal buildings or temporary buildings that have not exceeded the period of approval, shall be compensated; for the investigation and identify illegal buildings or temporary buildings exceeding the period of approval, shall not be compensated.
Article 13 of the expropriation compensation program prepared by the department of housing expropriation, reported to the people's government at this level. The expropriation and compensation program shall include the following:
(1) the legal basis for the expropriation and compensation of housing;
(2) the purpose of the expropriation of housing;
(3) the scope of the expropriation of housing;
(4) the method of determining the type of housing to be expropriated and the floor area;
(5) the method, scope, standard and calculation method of compensation;
(xi) housing expropriation implementation unit;(xii) housing security;
(xiii) other matters.
Article 14 of the municipal, county (city, district) people's government shall organize the development and reform, finance, land resources, construction, urban and rural planning, real estate management and other relevant departments of the expropriation of the compensation plan for the demonstration, and will be demonstrated compensation plan published within the scope of the expropriation, to solicit public opinion, the period of time for public opinion shall not be less than 30 days.
The people's governments of the cities and counties (cities and districts) in the districts shall publicize in a timely manner the situation of solicitation of opinions and modifications based on public opinions.
For the reconstruction of old urban areas need to expropriation of housing, more than half of the expropriated people, public housing tenants that the expropriation compensation plan does not comply with relevant laws and regulations and the provisions of these Measures, the people's government of the municipalities, counties (cities, districts) shall organize by the expropriated people, public housing tenants and public representatives to participate in the hearing, and according to the hearing to amend the program.
Article 15 The people's governments of cities and counties (cities and districts) in the districts shall, before making a decision on the expropriation of housing, organize the relevant departments to carry out a social stability risk assessment of the following matters, and to make an early warning evaluation:
(1) Whether the matters of the expropriation of housing are demonstrated to be lawful and feasible;
(2) Whether the implementation of the expropriation of housing will give rise to administrative disputes and have the possibility of settlement;
(3) Whether the implementation of the expropriation of housing will produce administrative disputes and have the
(iii) Whether the funds for expropriation compensation and property rights exchange can be financed;
(iv) Whether the proposed expropriation compensation plan is fair and reasonable.
The social stability risk assessment report shall put forward the opinions that can be implemented, suspended or can not be implemented. The implementation of housing expropriation project, the people's governments of the cities and counties (cities and districts) shall formulate a social stability risk prevention, resolution and disposal plan.
Article 16 of the housing expropriation decision involves a large number of levied, public housing tenants, shall be discussed and decided by the people's government of the people's government at this level executive meeting.
Before the decision on housing expropriation, the expropriation compensation costs shall be in place in full, special account storage, earmarked.
Expropriation compensation costs, including monetary compensation and property rights exchange of funds such as housing construction.
Article 17 of the municipal, county (city, district) people's government to make a decision on the expropriation of housing, shall be announced within 7 days within the scope of the expropriation of housing. The announcement shall set out the expropriation compensation program and administrative reconsideration, administrative litigation rights and other matters.
Article 18 of the expropriation of housing involves military facilities, churches, temples, cultural relics and monuments, in accordance with the provisions of relevant laws and regulations.
Chapter III Compensation
Article 19 of the expropriation of state-owned land, the people's governments of the cities and counties (cities and districts) shall provide fair and reasonable compensation to the expropriated. Compensation includes:
(a) compensation for the value of the expropriated house;
(b) compensation for relocation and temporary resettlement due to the expropriation of the house;
(c) compensation for the loss of shutdown of production and business due to the expropriation of the house.
Article 20 compensation for the value of the expropriated house shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the decision on expropriation of the house.
The value of the expropriated house shall be determined by a real estate price appraisal organization with appropriate qualifications in accordance with the Measures for the Appraisal of the Expropriation of Houses on State-owned Land formulated by the competent department of housing and urban-rural construction of the State Council.
Article 21 real estate price appraisal institutions shall be selected or determined in accordance with the following procedures:
(1) The housing expropriation department releases information on the appraisal of housing expropriation to the society;
(2) Real estate price appraisal institutions with corresponding qualifications enroll in the housing expropriation department;
(3) The housing expropriation department publishes the information on real estate price appraisal institutions that have enrolled in the expropriation and meet the qualification conditions within the scope of expropriation. (c) The housing expropriation department shall publish a list of real estate price appraisal institutions that have registered and meet the qualification conditions within the scope of expropriation for consultation and selection by the expropriated person, and the period of consultation and selection shall be not less than seven days;
(d) The real estate price appraisal institutions for selection by the expropriated person shall not be less than three, and in case of less than three, the housing expropriation department may invite them from among the real estate price appraisal institutions that meet the qualification conditions;
(e) Within the prescribed period, the expropriated person shall If a consensus is reached on the selection of the real estate price appraisal institution, the housing expropriation department shall be notified in writing of the results of the consultation;
(vi) If the consultation fails, the housing expropriation department shall organize not less than two-thirds of the expropriated persons to vote in accordance with the principle of majority rule;
(vii) If the voting in accordance with the principle of majority rule still fails to determine the decision, the housing expropriation department shall (viii) The housing expropriation department shall publish the list of real estate price appraisal organizations selected or determined by the expropriated person.
The consultation process shall be made public if the levye selects a real estate price appraisal organization through consultation. The housing expropriation department shall organize the expropriated person to determine the real estate price appraisal institution by voting or random selection, and shall be notarized by the notary public in accordance with the law.
Article 22 of the real estate price appraisal institutions selected or determined by the housing expropriation department as the principal, the real estate price appraisal agency issued a letter of entrustment of the housing expropriation appraisal, and signed with the housing expropriation appraisal entrustment contract.
Article 23 The appraisal of the value of the expropriated house shall take into account the location, use, building structure, newness and oldness of the expropriated house, building area, as well as factors affecting the value of the expropriated house, such as the area of land and the right to use the land.
The value of the interior decoration of the expropriated house, the cost of relocation of machinery, equipment and materials, and the compensation for the loss of production and business suspension shall be determined by the parties involved in the expropriation by negotiation; if the negotiation fails, an appraisal organization with appropriate qualifications may be commissioned to determine the value by appraisal.
Article 24 of the real estate price appraisal institutions shall, in accordance with the agreement of the commissioning contract, to provide the housing expropriation department with the preliminary results of the assessment of the sub-family. The housing expropriation department shall inform the expropriated person of the preliminary assessment results of the subdivision.
After 7 days of informing the requisitioner of the preliminary appraisal results of the sub-division, the real estate price appraisal organization shall provide the appraisal department with the overall appraisal report and the sub-division appraisal report of the requisitioned houses within the commissioned appraisal scope. The housing expropriation department shall transmit the sub-family assessment report to the expropriated person.
Article 25 The person to be expropriated or the housing expropriation department shall, within 10 days from the date of receipt of the appraisal report, apply to the real estate price appraisal institution for a review of the appraisal if there is any objection to the appraisal results. The real estate price appraisal organization shall review and appraise the appraisal results within 10 days from the date of receipt of the written application for review and appraisal.
The requisitioner or the housing department of the real estate price appraisal agency has objections to the results of the review, shall, within 10 days from the date of receipt of the results of the review, apply for appraisal of the real estate price appraisal expert committee of the municipal district where the requisitioned house is located. The real estate price appraisal expert committee shall review the appraisal report within 10 days from the date of receipt of the appraisal application and issue a written appraisal opinion.
The appraisal expert committee appraisal, the appraisal report does not exist technical problems, the appraisal report should be maintained; appraisal report there are technical problems, the appraisal report of the real estate price assessment agency should correct the errors, re-issue the appraisal report.
Article 26 of the expropriated people can choose monetary compensation or housing property rights exchange.
If the expropriated person chooses to exchange the property right of the house, the people's government of the city or county (city or district) shall provide a house not less than the floor area of the house to be expropriated for the purpose of exchanging the property right, and shall calculate and settle the difference between the value of the house to be expropriated and the value of the house used for the purpose of exchanging the property right with the expropriated person.
If an individual's residence is levied due to the reconstruction of the old urban area, and the levied person chooses to carry out the property right exchange in the reconstructed lot, the people's government of the city or county (city or district) in which the decision on the levy of the house is made shall provide the housing in the reconstructed lot or the nearby lot for the levied person to choose from, and settle the difference in price in accordance with the market price of the real estate. The scope of the nearby lot, specifically by the housing expropriation department and the expropriated person in the expropriation compensation plan consultation process to determine.
Article 27 of the housing expropriation department of individual residential expropriation compensation resettlement building area of not less than 36 square meters.
The expropriation of property rights building area of less than 36 square meters and belongs to the expropriated person's only set of housing, resettlement of 36 square meters, without settlement of the difference in price; 36 square meters in excess of the part of the implementation of the ladder price, 36 to 50 square meters of the part of the cost of settlement, more than 50 square meters of the part of the settlement in accordance with the market price. The expropriated person choose monetary compensation and its housing area is less than 36 square meters, according to 36 square meters of floor area settlement.
The people's governments of the cities and counties (cities and districts) in the districts according to the actual situation, can formulate the minimum compensation and resettlement area more favorable than the previous paragraph.
Article 28 The people's governments of cities and counties (cities and districts) in the districts shall, at the same time as the announcement of the decision on housing expropriation, announce the conditions of housing security within the scope of housing expropriation.
The expropriated person who meets the conditions of housing security and voluntarily chooses to protect the housing shall submit a written application to the housing expropriation department. After receiving the application, the housing expropriation department shall submit it to the housing security administration at the same level within 7 days.
The housing security administration shall promptly approve and confirm the list of expropriated persons submitted by the housing expropriation department to apply for subsidized housing, and handle the relevant procedures without waiting.
Article 29 of the expropriation of rented public property rights housing, the people's governments of the cities and counties (cities and districts) in the districts to compensate the expropriated. Housing tenants meet the conditions of public rental housing or other guaranteed housing and apply for resettlement, the people's government of the city, county (city, district) shall give priority to housing tenants to public rental housing or other guaranteed housing resettlement.
Article 30 due to the expropriation of housing caused by relocation, housing expropriation department shall be expropriated to the expropriated person, the public housing tenant to pay the relocation fee; choose the housing property rights exchange, property rights exchange before the delivery of the house, housing expropriation department shall be expropriated to the expropriated person, the public housing tenant to pay the temporary resettlement fee or to provide turnover of the house. Property rights exchange of housing is not delivered by the due date, should be from the date of overdue 1?5 times the original standard payment of temporary resettlement fee; overdue more than 12 months, from the date of overdue 2 times the original standard payment of temporary resettlement fee.
The specific standards for the relocation fee and temporary resettlement fee shall be formulated by the people's governments of the cities and counties (cities and districts) in the districts, and shall be adjusted in due course according to the actual situation.
Article 31 shall be compensated for the loss of shutdown caused by the expropriation of housing. The following conditions shall be met if compensation is given for the loss of production and business:
(1) the expropriated house has a certificate of ownership or is recognized as a legal building by the relevant departments;
(2) there is a legal and valid business license or other relevant administrative licensing procedures for production and operation, and the place of business stated on the business license or other administrative licensing procedures for production and operation is the expropriated house;
(3) there is a legal and effective business license or other related administrative licensing procedures for production and operation, and the place of business is the expropriated house. Housing;
(3) has applied for tax registration and has a tax burden approved vouchers.
Article 32 of the expropriation of housing caused by the loss of production and business by the expropriating party with reference to the average monthly taxable income of the main body of the previous year before the expropriation of the house, the market rent of the same type of housing in the same location, the minimum wage of employees to determine the negotiation; negotiation is not possible, commissioned by the relevant professional appraisal institutions to determine the assessment.
The compensation period for stopping production and business is calculated on a monthly basis. The implementation of housing property rights exchange, the compensation period from the expropriation of housing relocation until the delivery of property rights exchange housing; the implementation of monetary compensation, the compensation period of six months.
Article 33 of the expropriation of housing with a mortgage, the mortgagor and the mortgagee shall reset the security or reach an agreement on debt settlement. The mortgagor and the mortgagee can not re-establish the guarantee or can not reach an agreement on debt settlement, the housing expropriation department shall implement monetary compensation to the expropriated person, and the compensation money to the notary public notarized deposit.
Article 34 The housing expropriation department and the person to be expropriated shall, in accordance with the provisions of these Measures, enter into a compensation agreement in respect of the method of compensation, the amount of compensation and the period of payment, the area of the location of the house used for property rights exchange and the period of delivery, the settlement of the difference in price of the house used for property rights exchange, the relocation fee, the temporary resettlement fee or the turnover of the house, the compensation for loss of shutdown of the production and the suspension of the business, the period for relocation, the mode of transition, and the period for the transition, and other matters. .
Compensation agreement signing period shall not be less than 30 days; housing relocation period shall not be less than 15 days; monetary compensation shall be paid within the agreed period of the compensation agreement; the parties applying for property rights exchange resettlement temporary transition period, multi-storey building resettlement neighborhoods not more than 24 months, high-rise building resettlement neighborhoods, multi-storey and high-rise mixed resettlement neighborhoods not more than 36 months.
After the conclusion of the compensation agreement, one party does not fulfill the obligations agreed in the compensation agreement, the other party may file a lawsuit.
Article 35 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 is not clear, by the housing expropriation department to report to the decision of the housing expropriation of the people's government of the city, county (city, district) in accordance with the expropriation compensation program to make a decision to make compensation and the expropriation of the scope of the housing acquisition to be announced.
The compensation decision shall set out the basic situation of the expropriated house, the content and basis of the compensation decision, as well as the right to administrative reconsideration and administrative litigation.
If the expropriated person is not satisfied with the compensation decision, he can apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 36 of the implementation of housing expropriation shall be compensated first, and then relocated. The people's government of the city or county (city or district) in which the decision on housing expropriation is made shall, after giving compensation to the expropriated person, complete the relocation of the expropriated person within the relocation period as agreed in the compensation agreement or as determined by the compensation decision. Rewards shall be given to the expropriated person who relocates on time. The incentives shall be formulated by the people's governments of the cities and counties (cities and districts) in the districts.
No unit or individual shall take violence, threat or violation of the provisions of the interruption of water supply, heat, gas, electricity and road access and other illegal ways to force the requisitioner to relocate; prohibit the construction unit to participate in relocation activities.
Article 37 According to the compensation agreement has been completed in accordance with the relocation or in accordance with the compensation decision to determine the relocation period has been completed in accordance with the relocation of the housing, housing expropriation department is responsible for organizing the implementation of demolition.
Enterprises undertaking house demolition works should have construction enterprise qualification level, and is responsible for construction safety.
Article 38 of the expropriated people moved out of the original compulsory education enrollment, the expropriation can choose to continue in the original domicile according to the original enrollment method, or in the move to the domicile of the local education administrative department of the nearest school enrollment.
For families in need who are eligible for the minimum subsistence guarantee for urban residents, and whose households are separated due to a change in place of residence, within one year of the completion of the expropriation compensation, the civil affairs department of the place of removal will review and approve the issuance of the minimum subsistence guarantee on the basis of the supporting documents issued by the civil affairs department of the place of removal, and then, after one year, the civil affairs department of the place of removal will submit the application to the civil affairs department of the place of removal in accordance with the provisions of the law.
Residents relocated as a result of expropriation may choose to be treated as residents of both the place of relocation and the place of entry in terms of employment, training, medical care, social security and other public **** services.
Article 39 of the expropriated person in the legal period does not apply for administrative reconsideration or do not bring an administrative lawsuit, in the compensation decision within the period of time and does not move, by the people's government of the city, county (city, district) to make a decision on the expropriation of housing, according to law, apply for the basic level of the people's court of the seat of the people's housing to compulsory execution. Before the people's government of the city, county (city, district) applying to the people's court for compulsory execution, it shall, in accordance with the law, remind the person being expropriated in writing to fulfill the obligation to relocate.
The applying authority shall apply to the people's court for compulsory execution, and in addition to the application for compulsory execution and the materials attached with the amount of compensation and the account number of the special account for storage, the location and area of the property right exchange house and the turnover house, it shall also provide the following materials in accordance with the law:
(1) the decision on expropriation and compensation and the relevant evidence and the normative documents on which it is based;
(2) the expropriation and compensation (ii) proof of service of the decision, reminder and opinions of the person whose house is expropriated and the person directly interested;
(iii) materials of social stability risk assessment;
(iv) the status of the house for which compulsory execution is applied for;
(v) specifics such as the name and address of the person to be executed and the status of the property in relation to the compulsory execution;
(vi) the laws and administrative regulations stipulating that other materials shall be submitted;
(vii) the law, Administrative regulations shall submit other materials.
Article 40 After the completion of the housing expropriation compensation work, the housing expropriation department shall, in accordance with the law, establish a housing expropriation compensation file, and the compensation of the subdivided households within the scope of the housing expropriation to the expropriated person.
The auditing authorities shall strengthen the supervision of the use of housing expropriation compensation fees, conduct special audits of the cost of housing expropriation compensation projects, and publicize the results of the audits.
Article 41 of the house was expropriated according to law, the state-owned land use right at the same time to recover, the registration agency cancel the registration of housing ownership and land use right registration.
Chapter IV Legal Liability
Article 42 of the municipal and county (city and district) people's governments and housing expropriation department staff in the work of housing expropriation and compensation do not perform the duties stipulated in these Measures, or abuse of power, negligence, favoritism and malpractice, by the people's government of the higher level or people's government of the current level ordered to make corrections, and notified to be criticized; causing losses, shall bear the Compensation responsibility; the directly responsible officer in charge and other directly responsible personnel, shall be given sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Article 43 shall take violence, threaten or interrupt water supply, heat supply, gas supply, electricity supply and road access in violation of regulations and other illegal ways to force the requisitioners to relocate, and bear the compensation responsibility according to law if losses are caused; the competent persons directly responsible and other persons directly responsible shall be investigated for criminal responsibility according to law if a crime is constituted, and shall be given punishment according to law if a crime is not constituted; and the person who constitutes a violation of the public security administration behavior shall be given public security administration punishment according to law. Constitutes a violation of public security management behavior, shall be given public security management penalties.
Article 44 The use of violence, threats and other methods to obstruct the work of housing expropriation and compensation carried out in accordance with the law, constitutes a crime, shall be investigated for criminal responsibility; constitutes a violation of public security management, shall be given public security management penalties according to law.
Article 45 of the embezzlement, misappropriation, misappropriation, retention, delinquency in the expropriation and compensation costs, and shall order rectification, recovery of the relevant funds, return the illegal income within a specified period of time, and shall notify the responsible units of the criticisms, and give a warning; if losses are caused, the compensation responsibility shall be borne according to law; for the directly responsible persons in charge of the supervisors and other personnel directly responsible for the crime, and shall be held criminally liable according to law; not a crime, shall be given a punishment according to law. Does not constitute a crime, shall be punished according to law.
Article 46 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 50,000 yuan of more than 200,000 yuan, and impose a fine of 10,000 yuan of 30,000 yuan of the real estate appraisers, and credited to the credit file; if the circumstances are serious, the revocation of the qualification certificate, certificate of registration; cause losses, and the loss of real estate appraisal institutions and the real estate appraiser. Qualification certificate, certificate of registration; caused losses, according to the law to bear the responsibility for compensation; constitutes a crime, shall be investigated for criminal responsibility.
Chapter V Supplementary Provisions
Article 47 of these measures shall come into force on March 1. August 21, 2003, the Jiangxi Provincial People's Government of the 9th executive meeting passed on July 21, 2009, the Jiangxi Provincial People's Government of the 22nd executive meeting to amend the "Implementation Measures for the Management of Demolition and Relocation of Urban Housing in Jiangxi Province," also be repealed.
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