The "Interim Measures for the Administration of House Demolition on Collective Land in Zhenjiang City" were adopted at the executive meeting of the municipal government on March 30, 2006, and are now issued to you. Please implement them conscientiously.
April 10, 2006
Interim Measures for the Administration of House Demolition on Collective Land in Zhenjiang City
Chapter 1 General Provisions
Article 1 In order to standardize the management of house demolition on collective land, safeguard the legitimate rights and interests of the parties involved in the demolition, and ensure the smooth progress of urban construction, in accordance with the "Land Management Law of the People's Republic of China" and the "Land Management Law of the People's Republic of China" These Measures are formulated in accordance with the provisions of laws and regulations such as the Implementation Regulations, the Jiangsu Provincial Land Management Regulations, and the Jiangsu Provincial Urban House Demolition Management Regulations, combined with the actual situation of this city.
Article 2 Within the urban area of ??this city, if collective land is expropriated or requisitioned to demolish houses and their attachments due to urban construction and development needs, and it is necessary to compensate and resettlement the house owners (hereinafter collectively referred to as the demolished persons), these Measures shall apply .
These Measures also apply to the houses originally built on collective land on the state-owned land remaining after the group was disbanded, as well as the houses that were newly built, renovated or renovated in accordance with the law on the original homestead site after the group was disbanded.
If there are other provisions on land acquisition, demolition, compensation and resettlement for major infrastructure projects determined by the state and province, those provisions shall prevail.
Article 3 The municipal land and resources administrative department is responsible for the land management related to house demolition on collective land; the municipal construction administrative department is responsible for the relevant management of house demolition and resettlement housing construction on collective land.
The municipal house demolition management agency (hereinafter referred to as the municipal house demolition management agency) is specifically responsible for the management of compensation and resettlement for house demolition on collective land.
The district and town people's governments, sub-district offices, and relevant functional departments of the municipal government where collective land houses are to be demolished shall, in accordance with their respective responsibilities, coordinate to complete the work related to compensation and resettlement for house demolition.
Chapter 2 Demolition Management
Article 4: After the municipal planning department issues a construction land planning permit (including plot map), the municipal demolition and management agency shall, based on the application of the land user (hereinafter collectively referred to as the demolisher), notify the relevant departments in writing to suspend the processing of the following matters:
(1) Newly approved housing sites and other construction lands;
(2) Examine and approve new construction, reconstruction, expansion of houses and their attachments;
(3) Approval of changes in housing and land use;
(4) Handling household registration relocation and household division;
(5) Issuance of industrial and commercial business license;
(6) Other matters stipulated by laws and regulations.
Anyone who handles the above matters without authorization during the suspension period will not be recognized when the house is demolished.
Article 5: The demolisher shall submit a land use application to the municipal administrative department of land and resources with the construction land planning permit (including plot map) and other relevant information. The demolition can only be carried out after obtaining the land use approval document in accordance with the law.
Article 6 The municipal demolition and management agency shall, together with the district people's government where the demolished houses are located, review and announce the house demolition compensation and resettlement implementation plan submitted by the demolishers, and the municipal demolition and management agency shall issue a house demolition and resettlement notice to the demolishers. The house demolition compensation and resettlement implementation plan shall include the following contents:
(1) Scope of demolition;
(2) The current usage, area, ownership, etc. of the houses within the demolition scope;
(3) Demolition implementation steps and safety protection and environmental protection measures;
(4) Implementation of demolition funds, resettlement housing, and temporary transitional measures;
(5) Demolition methods, time limits, etc.;
Article 7 The demolisher shall entrust a unit with demolition qualifications to carry out demolition and sign a demolition entrustment contract with it. The demolition entrustment contract shall be reported to the municipal demolition and management agency for filing within 15 days from the date of signing.
The entrusted demolition implementation unit shall not transfer the demolition business.
Article 8: The evaluation agency engaged in house demolition evaluation business must be an institution with corresponding real estate evaluation qualifications announced by the municipal housing management department in conjunction with other relevant departments.
When evaluating the house of the demolished person, the evaluation agency should notify the demolished person. If the demolished person fails to cooperate after receiving the notice, the evaluation agency can conduct an evaluation, and its evaluation behavior is valid.
Article 9 The demolisher shall be responsible for the implementation of house demolition compensation and resettlement in accordance with the house demolition compensation and resettlement implementation plan; the demolisher shall provide compensation and resettlement to the demolished persons in accordance with the provisions of these measures; the demolished persons shall obey the urban construction and development needs, completing the relocation within the specified time limit.
Article 10 Within the demolition period specified in the house demolition compensation and resettlement notice, the demolisher and the person being demolished shall sign a house demolition compensation and resettlement agreement in accordance with the house demolition compensation plan. The house demolition compensation and resettlement agreement shall specify the compensation form, compensation standard, resettlement method, relocation period, temporary resettlement transition period, liability for breach of contract, etc.
The municipal demolition and management agency shall provide a sample text of the house demolition compensation and resettlement agreement.
Article 11 After a house demolition compensation and resettlement agreement is concluded, if the demolition parties have disputes over the compensation and resettlement agreement, they may apply to the arbitration committee for arbitration in accordance with the law, or they may file a lawsuit in the People's Court in accordance with the law.
Article 12 Anyone who violates land management laws and regulations and obstructs the requisition of land for national construction shall be ordered by the municipal land administration department to hand over the land; if he refuses to hand over the land, he shall apply to the People's Court for compulsory execution.
Chapter 3 Demolition Compensation and Resettlement
Article 13 The legal basis for demolished houses shall be based on the house ownership certificate, land ownership certificate or legal house building procedures obtained by the demolisher before receiving the construction land planning permit (including plot map). .
Article 14 The use of the demolished houses shall be based on the use stated on the house ownership certificate and the land ownership certificate; if the use is not stated on the house ownership certificate and the land ownership certificate, or the stated uses are inconsistent, The purpose specified in the legal building construction procedures shall prevail.
Article 15 The building area of ??the demolished house shall be based on the building area of ??the actual house within the scope of the house ownership certificate or the building area stated in the legal house building procedures; if the demolition party has any objection to the building area of ??the demolished house, he may entrust A qualified real estate surveying agency will conduct the actual survey.
Article 16 If the demolished person has obtained legal house building procedures but the new house has not been completed, the demolished person shall immediately stop building the house, and the demolisher shall compensate the part of the new house that has been built based on the evaluation results.
Article 17 For the demolition of illegal buildings, overdue temporary buildings or temporary buildings that are unconditionally demolished when urban construction needs are stated in the construction planning permit, and the new houses that have been built should be demolished but the old houses that have not been demolished, the demolishers will not be demolished until they receive the construction land. After the planning permit (including plot map), the demolished person will not be compensated for resettlement if the house and its attachments are newly built, renovated, expanded or temporarily decorated and decorated, and the lessee who rents (borrows) the residential house is demolished.
Temporary buildings that have been demolished within the approved period will not be resettled, and subsidies will be given according to the formula (replacement price × building area + compensation for decoration and attachments) × (remaining years ÷ approved years). If the remaining number of years ÷ the approved number of years is less than 20%, the calculation shall be based on 20%.
Article 18 Compensation and resettlement for residential house demolition generally adopts the method of house property rights exchange.
Article 19 If the demolished person of a residential house proposes to settle the housing by himself and makes a written commitment, the demolished person shall submit an application to the demolisher. After being confirmed by the municipal demolition management agency, the compensation and resettlement funds can be withdrawn according to the following calculations. The town where the house is located ( Subdistrict offices) and villages will no longer provide housing sites.
The compensation and resettlement amount is the difference between the cost price of the resettlement house minus the replacement price of the resettlement house and the new appraisal price of the demolished house, multiplied by the property rights exchange area determined in accordance with Article 21 of these Measures.
The part where the legal construction area of ??the demolished residential house is greater than the property rights exchange area shall be compensated in accordance with the provisions of Item 2 of Article 21 of these Measures.
Article 20: If the demolished person of a residential house undergoes property exchange, the demolisher shall provide a demolished resettlement house for property rights exchange.
Article 21 The demolished persons of residential houses are classified as 1 households with 1 home sites or legal house building procedures. If the demolished persons have multiple houses within the same demolition scope, they shall be combined into 1 households to calculate the original The legal building area of ??residential houses; after the legal building area of ??the demolished residential houses is publicized, the demolished people shall carry out compensation and resettlement according to the following provisions based on the house demolition compensation and resettlement agreement:
(1) If the legal building area of ??the demolished residential house is less than 200 square meters (including 200 square meters), the property rights exchange area will be determined based on its legal building area. For the part where the resettlement area is equal to the property rights exchange area, the difference will be settled based on its replacement and combined into a new appraisal price and the replacement price of the property rights exchange house; for the part where the resettlement area is smaller than the property rights exchange area, the cost price of the resettlement house minus the replacement price of the resettlement house will be settled. The price and the replacement of the demolished house are combined into a new assessed price and the difference is settled.
(2) If the legal building area of ??the demolished residential house is greater than 200 square meters, the excess building area will be converted into a property rights exchange area by 50%, but the property rights exchange area of ??each household shall not exceed 250 square meters; if the legal building area is greater than the property rights exchange area For part of the resettlement, compensation will be provided within the period of not less than 120% and not more than 200% of the new assessed value; the part of the resettlement house area of ??the demolished person that is equal to or smaller than the property rights exchange area shall be settled according to the settlement method stipulated in the preceding paragraph. Settlement.
The part of the resettlement house whose construction area is greater than the property rights exchange area within 10 square meters (including 10 square meters) shall be settled according to the cost price of the resettlement house; the part larger than 10 square meters shall be settled according to the market price of the resettlement house.
Article 22 When demolishing residential houses, the demolisher shall pay temporary resettlement subsidies, relocation subsidies and fixed facilities relocation fees to the demolished persons. If it is indeed impossible to move, the initial installation fee should be paid according to the current price.
Article 23 If the demolished persons fully fulfill the house demolition compensation and resettlement agreement within the specified relocation period, the demolisher may issue relocation incentives to the demolished persons. The reward distribution methods and standards will be announced at the same time as the demolition announcement.
Article 24: Property rights will not be exchanged for demolition of non-residential houses, and monetary compensation will be provided to the demolished persons. If the house ownership certificate of the demolished person indicates that the house is used for industrial and mining enterprises and other non-commercial operations, the demolisher shall compensate the demolished person at 1 to 1.2 times the cost price of the resettlement house; If the house ownership certificate indicates that the house is used for commercial operation, the demolisher shall compensate the demolished person at 1.2 to 1.5 times the cost price of the resettlement house.
Article 25 When demolishing non-residential houses, the demolisher shall pay relocation subsidies and fixed equipment relocation costs to the demolished persons.
Article 26 If the demolition causes losses such as suspension of business or production of the enterprise, the demolisher shall pay a one-time subsidy to the demolished person.
Article 27 If the residential house to be demolished before the implementation of these measures has obtained an industrial and commercial business license and has been continuously operated for more than 1 years (the continuous business tax bill for the year before demolition is required), the building area actually used for operation shall be A one-time subsidy will be given based on the replacement and the new assessed value.
Specifically: if the property is between 1 years and less than 2 years old, an additional 20% of the reset value will be added; if it is more than 2 years old and less than 3 years old, an increase of 40% will be added; if it is more than 3 years old but less than 4 years old, an increase of 60% will be added; for 4 years If it is more than 5 years old and less than 5 years old, it will be increased by 80%; if it is more than 5 years old, it will be increased by 100%.
After the implementation of these measures, if the demolished person obtains the industrial and commercial business license but fails to go through the procedures for changing the use of the house and land in accordance with the law, corresponding compensation will be made according to the use stated on the house and land ownership certificate during the demolition, and no subsidy will be given. .
Article 28 The transitional housing for the demolished persons shall be provided by themselves. The demolisher shall pay temporary resettlement subsidy and relocation subsidy to the demolished persons.
The transition period for demolition starts from the date when the house being demolished is vacated, and generally does not exceed 18 months.
If the transition period is extended due to the responsibility of the demolisher, the demolisher shall provide double the temporary resettlement subsidy to the demolished person starting from the month of overdue and ending with the month of delivery of the resettlement house.
Article 29: After the demolition parties sign a house demolition and resettlement compensation agreement, the demolished person shall deliver the demolished house to the demolisher for demolition within the time limit stipulated in the agreement. The demolition party shall issue the "Demolition and Resettlement House Selection Certificate" in sequence based on the order in which the demolished houses are delivered to the demolished persons, and the notarization shall be notarized by the notary authority. The principle of "openness, fairness and impartiality" should be adhered to during resettlement, and the house selection should be strictly based on the serial number of the "House Selection Certificate for Demolition and Resettlement", and the house should be selected according to the house type with the closest property rights exchange area, and the floor price difference will not be calculated during settlement.
Article 30 If relocation compensation and resettlement are implemented due to special circumstances of urban construction projects or in remote suburbs of cities that comply with village and town planning, the demolisher will be compensated based on the replacement price of the legal building area of ??the demolished person combined into a new assessed value increased by 30%. In addition, construction land fees will be paid to the demolished persons according to the fee standards for obtaining homesteads, and land acquisition compensation will no longer be paid for the original homesteads.
Article 31 If the demolition involves the demolition of military facilities, churches, temples, cultural relics and historic sites and other facilities, as well as non-production and commercial houses and ancillary facilities used for public welfare undertakings, the demolisher shall handle the matter in accordance with the provisions of relevant laws and regulations.
Article 32: The demolished houses shall be demolished by a qualified house demolition construction enterprise entrusted by the demolisher, and the residual value of the house shall belong to the demolisher. Illegal houses shall be demolished by the demolished persons without compensation within the time limit specified in the demolition notice.
Article 33 Compensation and resettlement fees for house demolition shall be subject to the supervision of the municipal demolition management agency.
Chapter 4 Resettlement Housing Construction Management
Article 34 The municipal construction administrative department shall be responsible for the construction and management of demolition and resettlement housing. The Municipal Development and Reform Commission, planning, land and resources, housing management, price, finance and other departments, as well as the people's governments of Jingkou and Runzhou districts, will assist in the construction and management of demolition and resettlement housing according to their respective responsibilities.
Article 35 The demolisher shall be specifically responsible for the financing of demolition and resettlement housing construction, project bidding, and resettlement of the demolished persons.
Article 36 The demolishers shall uniformly purchase demolished resettlement houses from the resettlement housing construction units for the purpose of resettling the demolished persons. When the demolition and resettlement houses are delivered for use, the "Housing Instructions" and "House Quality Guarantee" should be provided to the demolished persons.
Article 37: Establish a special account for resettlement housing construction funds. The demolisher shall allocate funds according to the construction cost of the required resettlement houses, deposit them in a special account in advance, and accept the supervision of the municipal construction administrative department and the municipal financial department.
Article 38 The supporting infrastructure in the resettlement house location, including roads, water supply and drainage, greening, street lights and other facilities, shall be constructed by the demolisher. The municipal construction administrative department shall take the lead in organizing relevant departments and the people's government of the town where the resettlement house is located. The project can be delivered for use only after it has been approved and accepted by the sub-district office.
Chapter 4 Supplementary Provisions
Article 39 The opinions on the construction and management of resettlement houses for collective land demolition and the implementation of the territorial responsibility system for house demolition work shall be formulated by the municipal construction administrative department in conjunction with relevant municipal departments, and shall be implemented after approval by the Municipal People's Government.
Article 40 The compensation assessment, relocation subsidy, temporary resettlement subsidy, etc. for the resettlement of demolished houses into new prices, decoration and attachments, etc. shall be referred to the Municipal Construction Administrative Department Town Government Construction (2004) No. 83 and the Town Government Implementation of Document No. 89 (2004).
Article 41 The demolition and resettlement of houses on collective land in Zhenjiang New District shall be carried out in accordance with the relevant regulations of the municipal government. Danyang City, Yangzhong City, Jurong City, and Dantu District can refer to these measures for implementation.
Article 42: The municipal demolition agency is responsible for the application and interpretation of these Measures.
Article 43: These Measures shall come into effect on June 1, 2006. Demolition projects that have been implemented before the implementation of these measures will still be implemented in accordance with the original regulations.
Zhenjiang Municipal People's Government
;