Measures for the Administration of House Demolition and Relocation on Expropriated Collective Land in Xuzhou (Xuzhou Municipal People's Government Decree No. 98) 2008-02-14 15:10Measures for the Administration of House Demolition and Relocation on Expropriated Collective Land in Xuzhou (Xuzhou Municipal People's Government Decree No. 98)
Xuzhou Municipality expropriates Collective Land Housing Demolition and Relocation Management Measures
Xuzhou Municipal People's Government Decree No. 98
Xuzhou Municipality Expropriation of Collective Land Housing Demolition and Relocation Management Measures has been discussed and adopted by the Municipal People's Government at the 28th executive meeting on May 24, 2004, and is hereby promulgated and shall come into force as of July 1, 2004.
Mayor Li Fuquan
May 26, 2004
Xuzhou City, the requisition of collective land housing demolition and relocation management
Article 1 In order to standardize the management of collective land housing demolition and relocation, to ensure the smooth progress of urban construction, and to safeguard the legitimate rights and interests of the parties concerned, according to the "Chinese People's Republic of China and the State Land Management Law," "Jiangsu Province, land management regulations" and other laws and regulations. Management Regulations" and other laws and regulations, combined with the actual situation of the city, the formulation of these measures.
Second, the city's administrative area within the urban planning area expropriation of collective land (hereinafter referred to as expropriation) to implement the demolition and relocation of houses and their ground attachments, and the need for expropriation of land within the scope of the house owner (hereinafter referred to as the demolished) compensation and resettlement, shall be applicable to these measures.
Article 3 The municipal, county (city), Jawang District land administration department is responsible for the management of land acquisition and house demolition and relocation within the urban planning area.
The people's government of the town where the house is demolished and relocated, the street office, the village (resident) committee, as well as planning, planning, construction, public security, industry and commerce, labor and other departments, should be based on their respective responsibilities, and to do a good job of land requisitioning and relocating the compensation and resettlement work of the demolition and relocation of housing.
Article 4 After obtaining the land requisition approval documents, the land-using unit may apply to the competent land administration department for the suspension of the following matters within the land area:
(1) granting of new residential land and other construction land;
(2) approving the construction of new buildings, alterations and extensions of houses;
(3) handling of the relocation of households and the separation of households;
(4) handling of the demolished house as the registered address for the purpose of compensation and resettlement. demolished house as the registered residential address for business registration procedures;
(e) approval of changes in housing and land use.
The competent land administration department shall notify the relevant departments in writing of the suspension of the relevant procedures in respect of the matters listed in the preceding paragraph, and shall make an announcement within the area of the land. The period of suspension of the relevant matters shall not exceed twelve months from the date of the announcement.
During the suspension period, unauthorized handling of the matters listed in the first paragraph of this Article shall not be recognized in the case of house demolition and relocation.
During the suspension period, those who really need to move their household registration to their place of origin due to birth, marriage, and transfer of military personnel, retirees, students of colleges and universities and those who have been released from prison or re-education through labor, and who are in compliance with the provisions of the Household Registration Management, they can go to the public security department for the procedure of moving their household registration. The public security department shall promptly copy the competent land administration department after handling the procedures for moving the household registration.
Article 5: After the announcement of the land requisition program, the land use unit shall, according to the land requisition program, formulate an implementation plan for the compensation and resettlement of housing demolition and relocation within the confines of the requisitioned land and report it to the competent department of land administration. The implementation plan for compensation and resettlement of house demolition shall include the following contents:
(1) survey and calculation of house demolition and resettlement within the expropriated land area;
(2) demolition and resettlement deadline;
(3) demolition and resettlement method;
(4) resettlement method and transition period;
(5) houses required for resettlement as well as the relevant information and certificates;
(6) ) Proof of compensation and resettlement funds as well as plans for their use.
Article 6 The competent department for land administration shall review the implementation plan for housing demolition and relocation compensation and resettlement submitted by the land use unit, and announce it together with the compensation and resettlement plan for land requisition, and listen to the opinions of the rural collective economic organizations and farmers whose land is requisitioned. After the approval of the housing demolition compensation and resettlement plan, the land use unit shall implement the plan.
Article 7 In the land administrative department announcement of the demolition period, the land unit and the demolished shall, in accordance with the provisions of these measures and the approved compensation and resettlement program, compensation, resettlement, and other matters on compensation and housing demolition compensation and resettlement agreement. The agreement shall set out the form of compensation, compensation standards, resettlement, relocation period, temporary resettlement transition period, liability for breach of contract.
The model text of the agreement on compensation and resettlement for demolition and relocation shall be formulated by the municipal land administration department.
Article 8 If the land unit and the person to be demolished fail to reach an agreement on compensation and resettlement for demolition and relocation after negotiation within the advertised demolition and relocation period, the matter shall be dealt with in accordance with the relevant provisions of the state and the province.
Article 9 The basis for compensation and resettlement for house demolition is the legal floor area of the house.
Legal floor area of residential housing is not more than the residential area control standards, and by the township (township) people's government or land, planning and administrative departments to approve the floor area. June 26, 1987, "jiangsu province to implement the" land management law "measures" before the publication and implementation of the construction of the residential housing, and later without alteration, expansion, and only one of the residence on the residential housing shall be deemed to be Legal floor area.
The legal floor area of a non-residential house is the floor area approved by the administrative departments of land, planning and construction.
Article 10 Unauthorized buildings, temporary buildings exceeding the approved period, as well as unauthorized new construction, alteration and extension of houses and their ground attachments after the announcement of the land acquisition plan shall not be compensated or resettled.
Article 11 Compensation standards for ground attachments of demolished houses shall be implemented in accordance with the provisions of the Municipal People's Government on compensation for land acquisition and compensation standards for ground attachments.
Article 12 The villagers' resettlement houses within the scope of demolition and relocation shall be relocated and resettled or resettled in exchange of property rights.
Relocation of resettlement refers to the land unit by the demolished house replacement price combined with the new to the demolished person to be compensated, and to provide relocation of the relevant costs of the land, the villagers' committee is responsible for land use formalities in accordance with the relevant provisions, in the planning of the identified agricultural settlements to rebuild villagers resettlement of residential housing.
The property rights exchange resettlement refers to the unified construction of multi-storey residential houses by the land unit as the property rights exchange houses to resettle the demolished people.
Article 13 In the urban planning area of Xuzhou City, the resettlement of the resettlement housing construction area standards shall be implemented in accordance with the following provisions:
(1) households with more than six persons shall not exceed 240 square meters;
(2) households with four to five persons shall not exceed 200 square meters;
(3) households with less than three persons shall not exceed 135 square meters.
Article 14: In the urban planning area of Xuzhou City, if the resettlement is carried out by property right exchange, the resettlement area shall be determined according to the following standards:
(1) If the original per capita legal floor area of each household is more than forty square meters (including forty square meters), the resettlement shall be given according to the per capita floor area of forty square meters;
(ii) Where the original per capita legal floor area per household is less than forty square meters, resettlement will be given according to the original legal floor area, but not less than the minimum household area specified by the State.
The part of the resettlement construction area equal to the stipulated resettlement standard area shall be settled in accordance with the difference between the replacement price of the original house combined with the construction cost of the new and resettlement houses; in excess of the part, the construction area of ten square meters shall be settled in accordance with the cost price of resettlement houses, and the cost price of resettlement houses exceeding ten square meters shall be settled with another thirty percent increase, but shall not be more than thirty square meters at the most.
The legal floor area beyond the per capita resettlement standard shall be compensated in accordance with the regulations and shall not be resettled.
Article 15 Xuzhou city planning area, the original legal floor area of more than one hundred and eighty square meters, one of the following circumstances, each household can be resettled in the original resettlement standards based on an increase of twenty square meters:
(a) the family population of two (including two) below;
(b) demolished and relocated widowed or divorced and did not remarriage and no children in the administrative area of this city
(3) the demolished person's spouse's household registration in foreign countries;
(4) the demolished person's child is over 16 years old;
(5) the demolished person's child is an only child;
(6) the demolished person is married and has not yet given birth to a child.
If two or more of the conditions for care in the preceding paragraph are met at the same time, the care can only be enjoyed once.
Article 16 Xuzhou city planning area demolition of private legal residential housing, voluntarily give up the resettlement and resettlement standards within the demolished house replacement price combined with the new another thirty percent to give a one-time comprehensive compensation, resettlement standards outside of the third paragraph of Article 14 to give compensation. The office (town), the village will no longer be given the arrangement of residential base.
Article 17: Demolition of houses built on land beyond the standards set for homesteads as well as the illegal sale of homesteads for new construction, reconstruction of houses with legal building procedures, according to the provisions of the one-time comprehensive compensation, not resettlement.
Article 18 Family size refers to the members who have official household accounts and live permanently in the demolished houses. Temporary accounts, empty accounts and accounts moved in after the announcement shall not be counted, but those with one of the following circumstances shall be counted as family members:
(1) Active military personnel whose accounts are in the household where the original house is located and who are currently serving in the military;
(2) One of the husband and wife working abroad;
(3) Immediate relatives whose accounts are in the workplace and who are actually residing in the original house;
(4) Children whose original household accounts are in the household where the original house is located and who are now attending school outside of the city;
(5) Re-education-through-labor or labor reformers whose original household accounts are in the household where the original house is located and who are currently serving a sentence of labor camps, and who were actually residing in the house prior to serving their sentences;
(6) Retired persons returning to their original hometowns;
(7) Normal births and marital influxes.
Article 19 The subsidy is paid for the demolished houses according to the area of the houses within the resettlement standard.
Article 20 The demolished person shall be rewarded for handing over the house on time within the specified relocation period, and shall be given priority in selecting the resettlement house according to the order of handing over the house, and shall sign an agreement with the demolisher and settle the difference in the price of the house within three days. Otherwise, it is regarded as giving up the right of priority selection of housing.
Article 21 Demolition of the enterprise's own house, with legal building procedures, according to the structure of the house combined with the new to give compensation.
Losses caused by the demolition of business, production and other losses, by the land unit of the compensation amount of twenty percent of the one-time comprehensive subsidies.
Article 22: Demolition of houses in offices (towns) and villages (groups) with legal building procedures shall be compensated according to the structure of the houses combined with their newness.
Article 23 of the demolition of housing in one of the following circumstances, the land unit shall be in accordance with the law to deal with the preservation of evidence:
(a) according to the law with a mortgage on the house;
(b) property rights or right to use the disputes in the house;
(c) property rights of the whereabouts of the house is not known;
(d) **** some people can not reach a consensus **** there is a house. Agreement of the **** have houses;
(E) other legal need for the preservation of evidence of the house.
Article 24 violates the provisions of land requisition, demolition and relocation and refuses to relocate after being dealt with in accordance with the law, shall be enforced in accordance with the law.
Article 25 obstruction of land requisition and relocation of staff in the performance of their official duties, verbal abuse, assault and relocation of land requisition and relocation of staff, by the public security organs in accordance with the "People's Republic of China *** and the State Public Security Administration Punishments Ordinance" penalties; constitutes a crime, by the judicial organs to pursue criminal responsibility.
Article 26 The land requisition and relocation of staff dereliction of duty, abuse of power, favoritism and fraud, shall be given administrative sanctions; constitutes a crime, shall be investigated by the judicial organs of criminal responsibility.
Article 27 of large and medium-sized water conservancy, hydropower project construction and coal mining subsidence land expropriation and housing demolition and relocation of compensation and resettlement methods, in accordance with the relevant provisions of the state and the province.
Article 28 The specific standards and related regulations for the implementation of these measures in the urban planning area of Xuzhou City, land acquisition, demolition and relocation, the municipal land administrative department in conjunction with the relevant departments to formulate, and report to the Municipal People's Government for approval after the announcement and implementation.
Counties (cities), Jiawang District urban planning area within the land requisition and relocation of specific standards and related regulations for the implementation of these measures, by the county (city), the people's government of Jiawang District, for the record of the municipal people's government.
Article 29 The standards of land requisition compensation and resettlement shall be implemented in accordance with the relevant provisions of the municipal people's government.
Article 30 These Measures shall come into force on July 1, 2004