What to do with land when expropriating houses on state-owned land in sichuan province

Sichuan Province, state-owned land housing expropriation and compensation regulations (adopted on September 26, 2014 by the 12th meeting of the Standing Committee of the Twelfth Sichuan Provincial People's Congress) Article 7 According to the needs of the public **** interests, there are one of the following circumstances, there is a need to expropriate housing, the people's government of the municipal or county level to make a decision on the expropriation of housing: (a) the needs of national defense and diplomacy; (b) the organization and implementation of the government's (ii) the needs of energy, transportation, water conservancy and other infrastructure construction organized and implemented by the government; (iii) the needs 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 **** undertakings organized and implemented by the government; (iv) the needs of the government's implementation of the guaranteed housing project construction; (v) the needs of the government's implementation of the urban and rural planning law in accordance with the relevant provisions of the government to the (v) the need for reconstruction of old urban areas where dangerous houses are concentrated and infrastructure is backward, etc.; (vi) the need for other public **** interests as stipulated by laws and administrative regulations.　　Article 8 Where it is really necessary to expropriate housing, its various construction activities shall be consistent with the national economic and social development planning, overall land use planning, urban and rural planning and special planning.　　Guaranteed 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 expropriation of housing, by the housing expropriation 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 examination of the public **** interests need to expropriation of housing, according to the planning of the land area and the actual situation of housing to determine the scope of the expropriation of housing, and shall be announced.　　Article 10 the implementation of the old urban renewal, shall respect the wishes of the owners of the house. Before starting the housing expropriation procedure, the housing expropriation department shall organize to seek the views of the owners of the house for prior consultation.　　House ownership of the total area of more than two-thirds and the total number of households more than two-thirds of the house owners explicitly agree to the reconstruction, can be included in the scope of the old urban renewal, and in accordance with the provisions of the previous article to start the housing expropriation procedures.　　Article 11 After the scope of housing expropriation is determined and announced, no new construction, extension, alteration of houses and their appurtenances and change of use of houses and land shall be carried out within the scope of housing expropriation; the part of the implementation in violation of the provisions shall not be compensated.　　The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph of the suspension of the relevant formalities. The written notice of the suspension of the relevant formalities shall specify the period of suspension. The maximum period of suspension shall not exceed one year.　　After the scope of housing expropriation has been determined and announced, no compensation shall be increased if any of the following acts are committed: (1) transfer, division or gift of housing; (2) addition or change of industrial and commercial business registration; (3) relocation of household or splitting of household; or (4) any other inappropriate acts committed for the purpose of increasing the compensation expenses.　　Article 12 The housing expropriation department shall investigate and register the ownership, location, use and floor area of the houses within the scope of housing expropriation. The expropriated person shall cooperate.　　If the person to be expropriated does not cooperate with the investigation and registration work, the housing expropriation department shall carry out the registration 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, and the publicity period shall not be less than seven days. If there is any objection to the results of the investigation, a written application for verification shall be submitted to the housing expropriation department within the public notice period, and the housing expropriation department shall verify the results and inform the applicant within fifteen days after accepting the application.　　If the house within the scope of expropriation has a mortgage, the housing expropriation department shall inform the mortgagee.　　Article 13 After the scope of housing expropriation is determined, the people's governments at the municipal and county levels shall organize the relevant departments of urban and rural planning, housing and urban-rural construction, land and resources, etc., to investigate, identify and deal with the unregistered buildings within the scope of housing expropriation according to law. Compensation shall be given to those identified as legal buildings and temporary buildings that have not exceeded the approved period; no compensation shall be given to those identified as illegal buildings and temporary buildings that have exceeded the approved period.　　The people's governments at the municipal and county levels shall publicize the results of the determination and processing of unregistered buildings within the scope of the housing expropriation, and the publicity period shall not be less than seven days.　　If the parties concerned have any objection to the determination and processing results, they shall raise it within the publicity period, and the department making the determination and processing shall verify and make a processing decision.　　Article 14 Expropriation of registered houses, its nature, use and floor area shall be based on the certificate of ownership of the house or the record in the house register as the basis for expropriation compensation; the matters recorded in the certificate of ownership of the house shall be consistent with the house register; in case of inconsistency in the record, except for the evidence proving that there is a real error in the house register, the house register shall prevail.　　Article 15 The housing expropriation department shall, after investigation and registration, estimate the cost of expropriation and compensation.　　Article 16 The housing expropriation department shall draw up an expropriation compensation program and report it to the people's government at the municipal or county level. The housing expropriation compensation plan shall include the following contents: (1) the purpose of housing expropriation; (2) the scope of housing expropriation and the basic situation of the expropriated houses; (3) the mode of compensation and the compensation standard; (4) the basic situation of the houses used for property right exchange and the time of delivery; (5) the standard of compensation for the loss of shutdown and suspension of business; (6) the period of time for signing the agreement on compensation for the expropriation; (7) the period of time for relocating, and the mode of transition of relocating, and the transition (vii) the relocation period and the relocation transition method and transition period; (viii) the standard of subsidies and incentives; and (ix) other matters.　　The people's government at the municipal or county level shall organize relevant departments to review and validate the expropriation and compensation plan, and publish it within the scope of the expropriation of houses to solicit public opinions. The period for soliciting opinions shall not be less than thirty days.　　Article 17 Any opinion on the expropriation compensation plan shall be submitted in writing to the department of housing expropriation within the period for soliciting opinions with proof of one's identity.　　The people's government at the municipal or county level shall publicize in a timely manner the situation of soliciting opinions on the expropriation and compensation plan and the expropriation and compensation plan revised in accordance with the opinions.　　If more than half of the expropriated persons 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 the expropriated persons and public representatives to attend the hearing and revise the plan according to the hearing.　　Article 18 Before the people's government at the municipal or county level makes a decision on housing expropriation, 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 whether to make a decision on housing expropriation.　　The social stability risk assessment report shall assess the legality, reasonableness, feasibility and possible risks of housing expropriation, and formulate corresponding risk prevention, resolution, disposal measures and emergency plans according to the assessment conclusion.　　Article 19 Before the people's government at municipal or county level makes a decision on housing expropriation, the expropriation and compensation costs shall be in place in full, stored in a special account and earmarked for special purposes. The value of the property right exchange house shall be included in the total amount of the expropriation compensation fee if the house property right exchange is used to compensate the expropriated person.　　Article 20 The people's government at municipal or county level shall make a decision on housing expropriation based on the determined expropriation and compensation plan, the social stability risk assessment report and the expropriation and compensation fees in place. Where the decision on housing expropriation involves a large number of expropriated persons, 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 is made, it shall be announced within three days in the media such as government and departmental websites 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 program, the contract period, the right to administrative reconsideration and administrative litigation and prohibit the implementation of the expropriation within the scope of the act and other matters.　　Article 21 Where the reconstruction of an old urban area is carried out, the housing expropriation department shall organize the expropriated person to sign a compensation agreement with effective conditions in accordance with the compensation plan. If the number of households signing the compensation agreement with effective conditions reaches the prescribed proportion within the signing period, the people's government at the municipal or county level shall make a decision on expropriation; if the prescribed proportion is not reached, the expropriation procedure shall be terminated. The proportion of households signing the compensation agreement with effective conditions shall be determined by the people's governments at the municipal or county level, but shall not be less than ninety percent.　　Article 22 Where the person to be expropriated is not satisfied with the decision on house expropriation made by the people's government at the municipal or county level, he may apply for administrative reconsideration or institute administrative litigation in accordance with law. Article 32 The people's government at the municipal or county level that makes a decision on expropriation of houses on state-owned land shall give compensation to the expropriated person, and the scope of the compensation shall include: (1) compensation for the value of the expropriated houses; (2) compensation for the loss of communication, water, electricity and gas, air-conditioning, decoration and related facilities and equipments due to the expropriation of the houses; (3) compensation for relocation and temporary resettlement due to the expropriation of the houses; (4) compensation for suspension of operation due to the expropriation of the houses; and (5) compensation for the loss of the facilities and equipment due to the expropriation of the houses. (iv) compensation for the loss of production and business suspension caused by the expropriation of the house.　　Compensation for the value of interior decoration of the expropriated house shall be determined by the negotiation between the housing expropriation department and the expropriated person; if the negotiation fails, it may be entrusted to a real estate price appraisal organization that has been selected or determined to determine the compensation through appraisal.　　The people's governments at the municipal or county level may formulate incentives according to the actual situation and provide appropriate subsidies and incentives to the person being expropriated.　　Article 33 The person to be expropriated may choose monetary compensation or housing property rights exchange. The people's governments at city or county level which are in a position to do so shall arrange for existing houses to be used for property right exchange.　　If the requisitioned person chooses to exchange the property right of the house, the people's government at the municipal or county level shall provide the house used for the exchange of property right, and calculate and settle with the requisitioned person the difference between the value of the house to be requisitioned and the value of the house used 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 the houses in the reconstructed lot or in the nearby lot. The building area of the residential house used for the compensation of property right exchange shall not be smaller than the building area of the expropriated house, and no further payment shall be made within the compensation area of the exchanged house, and the excess part shall be settled separately in accordance with the provisions of the preceding paragraph.　　Article 34 In case of choosing the property right exchange, before the delivery of the property right exchange house, the expropriated person may choose the temporary resettlement compensation, or may choose the temporary resettlement transitional housing. If the person chooses the transitional housing for temporary resettlement, the expropriation department shall not pay the compensation fee for temporary resettlement or the compensation fee for suspension of production and business.　　If a person chooses to exchange the property rights of a house, the transition period shall not exceed twenty-four months from the date when the person to be expropriated signs the compensation agreement and hands over the house; if the house to be used for exchanging the property rights is a newly-built high-rise building within the scope of expropriation of a house, the transition period shall not exceed thirty-six months from the date when the person to be expropriated signs the compensation agreement and hands over the house.　　 For the expropriated person who has been provided with transitional housing by the housing expropriation department, the temporary resettlement subsidy shall be paid on a monthly basis starting from the month of expiration; if it is overdue for more than one year, the temporary resettlement subsidy shall be paid at two times of the stipulated standard for the current expiration period; the expropriated person shall have the right to continue to use the resettlement swing room during this period. (ii) In case of expropriation of non-residential buildings, if the transitional period is exceeded by less than one year, the subsidy for economic loss due to discontinuance of production and business within the present overdue period shall be paid at 1.5 times the prescribed rate; if the transitional period is exceeded by more than one year, the subsidy for economic loss due to discontinuance of production and business within the present overdue period shall be paid at two times the prescribed rate.　　Article 36 The expropriation of residential housing, the expropriated person, public rental housing tenant meets the conditions of urban housing security, the people's government at the municipal and county levels of the city or county that made the decision on housing expropriation shall implement housing security based on the relevant laws and regulations on urban housing security and the actual classification of the expropriated person.　　For the expropriation of private residential housing with an ownership floor area of less than fifty square meters, the expropriated person who has been verified to have no housing elsewhere and who meets the conditions for urban housing security shall be rehoused in a standard household with an ownership floor area of not less than fifty square meters, 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 person may be determined in accordance with the order of the actual relocation after the signing of the compensation agreement.　　Article 37 Where the expropriation of a house results in a loss of shutdown, compensation shall be given according to the effectiveness of the house before it is expropriated, the duration of the shutdown and other factors.　　Article 38 For the compensation for the loss of production and business suspension caused by the expropriation of houses, the amount of compensation shall be determined by the parties concerned through consultation in one of the following ways: (1) by a certain percentage of the total appraised price of the expropriated houses; (2) by the loss of net profit: specifically calculated in accordance with the value reported to the tax department in the previous year or determined by the intermediary organization commissioned by both parties ****; (3) by the wage income of the practitioners: The wage income of the 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). Where the actual number of employees cannot be verified, it may be determined on the basis of the area of the house or the labor contract filed with the labor department; (iv) calculated on the basis of the rental income of the levied house; (v) other compensation methods formulated by the people's governments at the municipal and county levels.　　Where consultation fails, an appraisal organization with appropriate qualifications may be commissioned to determine the same through appraisal.　　Article 39 The period of suspension of production and business shall be determined as follows: (1) if compensation is made by means of property right exchange, from the date of signing the expropriation compensation agreement and delivering the expropriated house to the month following the month in which the resettlement house is delivered; (2) if compensation is made by means of monetary compensation, the compensation for loss of suspension of production and business shall be given at one time in accordance with the period determined in the compensation plan.　　Article 40 The housing expropriation department shall enter into a compensation agreement with the expropriated person in accordance with the expropriation compensation program on such matters as the method of compensation, the amount of compensation and the period of payment, the location and area of the house to be used for property right exchange, the relocation fee, the temporary resettlement subsidy or the swing space, the loss of discontinuance of production and operation, the period of relocation, the mode of transition and the period of transition.　　If there is a leasing relationship of the expropriated house, the housing expropriation department shall sign a compensation agreement with the expropriated person, and the expropriated person shall be responsible for dissolving the leasing relationship of the house with the lessee of the house.　　Article 41 The implementation of housing expropriation shall be preceded by compensation and relocation. In one of the following cases, the person to be expropriated shall fulfill the obligation of relocation according to law: (1) the implementation of monetary compensation, the compensation has been fully stored, the person to be expropriated can independently withdraw; (2) the implementation of the property right exchange, the people's government of the municipal and county levels have determined the property right exchange housing, the person to be expropriated can actually handle the delivery of the housing after the completion of the relocation; (3) the implementation of the period of property right exchange, the people's government of the municipal and county levels have determined the property right exchange housing. (c) the property right exchange housing source has been determined, and the housing can be delivered as agreed upon after the relocation of the requisitionee is completed and the completion and acceptance of the property right exchange housing, and the temporary resettlement fee has been paid or the temporary turnover housing has been provided.　　Article 42 Where the housing expropriation department and the person to be expropriated fail to reach a compensation agreement within the signing period determined in the expropriation compensation program, or where the owner of the expropriated house cannot be specified, the housing expropriation department shall report to the people's government of the city or county level which made the decision on housing expropriation to make a compensation decision in accordance with the provisions of these Regulations, in accordance with the expropriation compensation program, and make a public announcement within the scope of the expropriation of the house.　　The compensation decision shall specify the following contents: (1) the method of compensation, the amount of compensation and the period of payment; (2) the address, area, relocation fee and temporary resettlement fee of the house used for property right exchange; (3) the loss of shutdown of production and business, the period of relocation, the mode of transition, and the period of transition; (4) the situation of giving the expropriated person the choice of monetary compensation or property right exchange; (5) the situation of storing the compensation for the expropriated person in the bank account; (6) the situation of making the compensation decision; (7) the situation of making a compensation decision; and (8) the situation of making a compensation decision. (vi) the basis and reasons for the compensation decision; (vii) the rights of the requisitioned person to apply for administrative reconsideration and administrative litigation in accordance with law, and the matters for which the requisitioned person may apply for administrative reconsideration and administrative litigation; and (viii) other matters.　　Article 43 Before the people's government at the municipal or county level makes a decision on housing compensation, it shall verify the materials submitted by the department of housing expropriation, and inform the expropriated person of the right and time limit for making representations and defenses on the matters on which the decision on compensation is to be made.　　Before the people's government at the municipal or county level makes a decision on housing compensation, it may organize a conciliation meeting to hear the opinions of the housing expropriation department, the expropriation implementation unit and the person being expropriated.　　Article 44 Where the person to be expropriated is not satisfied with the compensation decision, he may apply for administrative reconsideration according to law, or may institute administrative litigation according to law.　　If the person to be expropriated does not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, 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 which made the expropriation decision shall apply to the people's court of the place where the house is located for compulsory execution in accordance with law.　　The application for compulsory execution shall be accompanied by the amount of compensation and the account number of the special account for storage, the location and area of the property rights exchange house and the swing house, and other materials.　　Article 45 No unit or individual shall take such methods as violence, threat, deception or interruption of water supply, heat supply, gas supply, electricity supply and road access in violation of regulations to force the requisitioned person to relocate. Article 56 The housing referred to in these Regulations refers to the housing buildings and structures within the scope of expropriation on state-owned land.　　Article 57 These Regulations shall come into force on January 1, 2015 .