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The municipal government on the issuance of Huai'an City, the interim measures for the management of collective land housing demolition and relocation of Huai'an City, Notice Huai Zheng Fa [2007] No. 33
The people's governments of the counties (districts), the city's various committees, offices, bureaus, the city's directly under the unit:
Now the "Interim Measures for the Management of Huai'an City, the interim measures for the Management of Collective Land Housing Demolition and Relocation of Huai'an City," is issued, and hope to conscientiously follow up on the implementation of the measures.
February 15, 2007
Interim Measures for the Administration of House Demolition and Relocation on Collective Land in Urban Areas of Huai'an City
Chapter I: General Principles
Article 1: In order to standardize the administration of house demolition and relocation on collective land, to ensure the smooth progress of urban construction, and to safeguard the lawful rights and interests of the parties involved in the demolition and relocation of houses, the Interim Measures shall be adopted in accordance with the Law of the People's Republic of China on the Administration of Land in China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and China. * and the State Land Management Law", "Regulations on the Implementation of the Land Management Law", "Jiangsu Province Land Management Regulations" and "Jiangsu Province, urban housing demolition and relocation management regulations" and other laws and regulations, combined with the actual city, the development of this approach.
Article 2 In the city of Qinghe District, Qingpu District, Huai'an Economic Development Zone within the scope of the urban planning area, due to urban construction and development needs to demolition of collective land on the house and appurtenances, and the need for house owners (hereinafter collectively referred to as demolished and relocated) compensation and resettlement, but according to the urban planning can not be used for resettlement of residential base, the application of these measures.
The state and the province to determine the highway, railroad, water conservancy, electric power, communications projects and other major infrastructure demolition projects, the state and the province have other provisions, from its provisions.
Article 3 The municipal land and resources administrative department is responsible for collective land housing demolition related land management; municipal real estate management is responsible for collective land demolition and relocation of resettlement housing construction related management. Municipal people's government housing demolition and relocation management organization (hereinafter referred to as the municipal demolition management organization) is specifically responsible for collective land housing demolition and relocation compensation and resettlement management.
Collective land housing demolition and relocation of the district and township people's governments, street offices and the relevant functional departments of the municipal government, should be in accordance with their respective responsibilities, to do a good job of housing demolition compensation and resettlement of the relevant work.
Chapter II: Management of demolition
Article 4 After the planning department issued the construction land use planning permit (with red line map), the municipal demolition and management agencies in accordance with the application of the land use units (hereinafter collectively referred to as the demolition), notify in writing to the departments of planning, land and resources, real estate, industry and commerce, taxation, public security, culture, education, health, and other departments, as well as township and village governments and street offices where the demolition project is located Suspension of the relevant approval procedures.
Article 5 The implementation of housing demolition and relocation shall follow the following procedures:
(1) demolition and relocation investigations;
(2) demolition and relocation of the demolition and relocation of people to the municipal demolition and management organization to submit an application for demolition and relocation;
(3) demolition and relocation of municipal demolition and management organizations to issue demolition and relocation of notices;
(4) demolition and relocation of demolition and demolition of people to enter into written demolition and relocation of the compensation and resettlement agreement;
(5) demolition and relocation of people in accordance with the compensation for demolition and relocation of people;
(5) (E) the demolition and relocation in accordance with the demolition and relocation compensation and resettlement agreement for compensation and resettlement;
(F) the implementation of housing demolition.
Article 6 If the demolition and relocation agent applies for the implementation of house demolition and relocation, he shall submit the following information to the municipal demolition and relocation authority:
(1) Construction land use planning permit (with red line map);
(2) land acquisition approval document and land acquisition program notice;
(3) proof of compensation and resettlement funds;
(4) compensation and resettlement implementation plan.
The municipal demolition and management organization shall examine the materials declared by the land unit, and if it meets the conditions, it shall issue a demolition and relocation notice.
Article 7 of the demolition of the implementation of housing demolition compensation and resettlement of funds should be fully used for housing demolition compensation and resettlement, shall not be diverted to other uses.
The municipal demolition management organization shall strengthen the supervision of the funds for demolition compensation and resettlement.
Article 8 the demolition shall choose the demolition qualification unit to implement the demolition, and with the housing demolition and relocation of the implementation of the unit to enter into a demolition commissioning contract. The entrusted demolition and relocation implementation unit shall not transfer the demolition and relocation business.
Demolition staff must be licensed. Municipal demolition and management agencies should strengthen the supervision and management of demolition staff, personnel engaged in demolition and relocation work for the relevant laws and business knowledge training and assessment.
Article IX housing demolition compensation and resettlement agreement concluded, the parties involved in the demolition and relocation of the compensation and resettlement agreement disputes, according to law to the Arbitration Commission to apply for arbitration, but also according to law to the people's court.
Article 10 the demolition shall be carried out before the demolition and relocation with the demolished person in accordance with the provisions of these measures on compensation, relocation and other matters signed a written agreement. The content of the agreement shall specify the form of compensation and compensation amount. After consultation fails to reach an agreement, upon application by the party concerned, the municipal demolition management organization to adjudicate. Decision should be made within 30 days from the date of acceptance of the application.
The parties do not agree with the ruling, by the city demolition management organization in accordance with the law. Obstruction of land acquisition due to disputes over land acquisition compensation standards, the municipal land and resources administrative department shall deal with according to law.
Chapter III Compensation and Resettlement for Demolition and Relocation
Article 11 The demolition and relocation person shall compensate the demolished person in accordance with the provisions of these Measures.
The demolition of illegal construction and temporary buildings exceeding the approved period shall not be compensated; the demolition of temporary buildings not exceeding the approved period shall be compensated according to the construction costs apportioned over the remaining period of use. If the planning department, when issuing the planning license for temporary construction works, has stated that it is necessary to dismantle it without compensation due to urban construction within the approved period, no compensation will be paid.
Article 12 The compensation price of the demolished house shall be determined by the assessment agency. The appraisal organization shall have the qualification of real estate appraisal above the third level issued by the competent department of construction administration above the provincial level and be listed in the list of appraisal organizations for demolition and relocation in Huai'an City.
Article 13 The legal basis of the demolished house shall be based on the house ownership certificate held by the demolished person before the issuance of the notice of land requisition and investigation or the legal building procedures obtained.
Article 14 The use of the demolished house shall be based on the use stated in the certificate of ownership of the house or the certificate of ownership of the land; if the use is not stated in the certificate of ownership of the house or the certificate of ownership of the land or if the use stated is inconsistent, then the use stated in the lawful procedures for building the house shall be based on the use.
Article 15 The floor area of the demolished house shall be subject to the floor area stated in the certificate of ownership of the house or the legal procedures for building the house.
Article 16 The compensation price of legal buildings within the scope of demolition and relocation shall be determined by the replacement price combined with the new assessment. Specific assessment methods by the municipal demolition management agency in conjunction with the city price, land department to develop.
Newly built legal residential housing from the date of approval for the construction of six months to the date of the notice of housing demolition and relocation of less than five years was demolished, according to the legal floor area of the housing assessment of the unit price of 15% increased compensation.
Article 17 The compensation for the demolition of residential housing is generally in the form of property rights exchange, and the demolition and relocation of multi-storey residential houses with unified planning and construction is provided by the demolition and relocation for resettlement.
Article 18 The area to be resettled is the sum of the legal floor area of the house to be demolished and the area of the nearest stall. Property rights exchange house more than one set, near the maximum limit of 10 square meters by file area. The price of the resettlement area shall be determined by the appraisal organization using the same appraisal method as that of the demolished house. The increase in the area due to the reason of the demolished person (including the leaning area beyond 10 square meters) shall be carried out according to the governmental guide price approved by the municipal price department or the market price assessed by the appraisal institution.
If the demolished person gives up resettlement in whole or in part, the part of resettlement given up will be compensated according to the appraisal price, and then the resettlement allowance will be given. The standard of the relocation subsidy shall be 0.7 times of the appraised unit price of the house to be demolished and relocated.
Article 19 The demolished person uses the legal residential housing to engage in business for more than one year, and can provide the industrial and commercial business license and continuous legal and effective tax payment certificates, the demolition of the actual business of the area in addition to the assessment of the residential housing price compensation, and then appropriately increase the compensation. Increase the standard of compensation by the municipal demolition management agencies in conjunction with the municipal price, land department to develop.
Article 20 The demolished person has only been demolished a legal residential housing, and demolition compensation (excluding incentives, moving expenses, transition costs) is not enough to buy the smallest set of resettlement housing, the investigation and publicity is true, the demolition by the demolition of the minimum set of resettlement housing with a floor area of 45 square meters not less than the minimum set of resettlement housing for their residence, and its demolition compensation for offsetting the purchase price.
Article 21 The demolition of non-residential houses with legal building procedures, monetary compensation, compensation standards based on the replacement price combined with the new assessment to determine. Specific assessment methods refer to the provisions of Article 16.
As a result of the demolition of non-residential housing caused by the cessation of production, business and other losses, the demolition shall be in accordance with no more than 8% of the total compensation for house demolition and relocation of a one-time subsidy to be paid to the person who is being demolished and relocated.
Demolition and relocation of enterprise production houses, the demolition shall be in accordance with not more than 8% of the total compensation for house demolition and relocation of the demolition and relocation of the demolition costs and fixed equipment and facilities demolition, removal and installation costs to be paid.
Article 22 The demolition and relocation person shall compensate for the decoration and appurtenances in the legal building as well as the flowers, plants and trees within the scope of the house base.
Decorations, decorations and appurtenances of illegal buildings shall not be compensated. No compensation will be paid for the decoration, renovation or planting of flowers, plants and trees after the notice of land requisition is issued.
Article 23 For the demolition and relocation of residential houses, the demolition and relocation agent shall pay the moving fee and transition fee to the person to be demolished and relocated.
Article 24 The demolition and relocation of actively cooperate with the demolition and relocation of the demolition and relocation of people, the demolition and relocation of people shall be given appropriate incentives. The bonus period is generally 10 to 30 days, the exact number of days shall be determined by the municipal demolition and management agency according to the size of the demolition project and the number of households to be demolished and relocated, and shall be made clear in the demolition and relocation notice.
The compensation standards for decorations, appendages, plants and trees, as well as the standards for moving costs, transition costs and bonuses, shall be separately formulated by the municipal price and land departments in conjunction with the municipal demolition and management agencies.
Article 25 The demolished and relocated person shall make the transition by himself. The demolished and relocated people choose monetary compensation, the demolition and relocation of people shall pay a one-time payment of six months of transition fee. The demolished person chooses the property right exchange, the demolition transition period from the date of the demolished person vacates the house, generally not more than 18 months, the transition fee according to the actual transition period settlement.
Due to the responsibility of the demolition and removal of the extension of the transition period, from the overdue month, in addition to the parties otherwise agreed, the demolition and removal of the demolition shall be in accordance with the following provisions of the demolition and removal of the person to pay the temporary transition fee:
Extension of the time in the 12 months or less, the additional payment of 1 times the transition fee; extension of the time more than 12 months, from more than the month of the additional payment of 2 times the transition fee.
Article 26 The demolished person of the residential housing puts forward the abandonment of resettlement and makes a written commitment, the demolished person applies to the demolition of the demolition of the people's government of the township where the local township people's government, the street office examination and approval, can be given monetary compensation.
Article 27 The public **** maintenance fund of the resettlement house, the part of the building area equal to that of the house to be demolished shall be borne by the demolisher, and the exceeding part shall be borne by the person to be demolished.
Article 28 The resettlement house or the house purchased by the demolished person with monetary compensation, and the part of the house equal to the value of the demolished house, in line with the relevant provisions of the provincial financial department of the deed tax levy, the demolished person can apply for exemption from payment of the deed tax on the house.
Article 29 The resettlement houses provided by the demolition and relocation of people shall conform to the following provisions:
(1) conform to the national quality and safety standards;
(2) have clear property rights and have no restrictions on rights.
Issues such as design changes and differences in area of resettlement houses shall be dealt with in accordance with the relevant provisions on the sale of commercial properties.
If the resettlement house is a complex building, the rest of the publicly owned floor area is not involved in the price settlement of the property rights exchange, except for the staircases, enclosure and public **** passage in the basement of the residential part.
Chapter IV Resettlement Housing Construction and Management
Article 30 The municipal real estate administrative department, in conjunction with the relevant departments, according to the Qinghe District, Qingpu District and Huai'an Economic Development Zone Management Committee declared demolition of resettlement housing construction plan, combined with the urban planning and demolition plan, the development of demolition of resettlement housing construction of the annual plan, to determine the scale of demolition of resettlement housing construction, included in the annual real estate development plan.
Article 31 The municipal real estate administrative department for the urban collective land demolition and resettlement housing construction of the competent authorities. Responsible for the organization and implementation of resettlement housing construction, to determine the construction of resettlement housing and supply options.
Article 32 The urban collective land housing demolition and relocation of resettlement housing can take the following three ways of construction:
1. the municipal real estate administrative department in accordance with the construction plan to organize and implement their own;
2. entrusted to the district people's government of the location of collective land demolition and relocation projects to organize and implement;
3. market bidding, selecting reputable and outstanding performance of the With real estate development qualification enterprise organization and implementation.
Article 33 The resettlement houses shall be supplied at the government guideline price combined with the floor coefficient to determine the price. The cost of construction and supply of the guide price by the municipal price department in conjunction with the relevant departments to approve and report to the government for approval to be announced.
Article 34 The resettlement houses are all used for urban construction and development of collective land on the residential housing in the property rights of the people being demolished, shall not be sold to the market as ordinary commercial housing, such as the houses built after the resettlement of the residual, by the Government to deploy for the resettlement of other demolition projects.
Chapter V Supplementary Provisions
Article 35 The demolition projects that have been implemented before the implementation of these measures, are still implemented in accordance with the original provisions.
Article 36 The people's governments of counties, Huaiyin District and Chuzhou District may refer to the implementation of these Measures or formulate separate implementation measures with reference to these Measures.
Article 37 These Measures shall come into force on March 1, 2007. Huai'an City, urban expropriation of collective land housing demolition compensation and resettlement implementation measures (for trial implementation) (Huai Zheng Fa [2005] No. 65) and related supporting documents shall be repealed simultaneously. If the previous relevant regulations of the city are in conflict with these measures, these measures shall prevail.