20 19 Yichun city housing demolition management regulations and demolition compensation standard (full text)
Article 1 In order to do a good job in the expropriation, compensation and resettlement of houses on state-owned land in the central city, earnestly safeguard the public interests and protect the legitimate rights and interests of the owners of houses to be expropriated, these Detailed Rules (hereinafter referred to as the Detailed Rules) are formulated in accordance with the relevant provisions of the State Council's Regulations on Expropriation and Compensation of Houses on State-owned Land (Order No.590 of the State Council) and in combination with the actual situation.
Article 2 These Provisions shall apply to the expropriation, compensation and resettlement of houses on state-owned land within the planning area of the central city.
Article 3 The work of house expropriation, compensation and resettlement shall adhere to the guiding ideology of "people-oriented, scientific development and building a harmonious society" and follow the principles of "democratic decision-making, due process and open results".
Article 4 The municipal government shall set up the Yichun Housing Expropriation, Compensation and Resettlement Office (hereinafter referred to as "the Municipal Expropriation Office") to be responsible for the housing expropriation, compensation and resettlement on the state-owned land in the central city planning area, and to guide and supervise the housing expropriation, compensation and resettlement in counties (cities, districts), Yichun Economic Development Zone, Yiyang New District and Mingyueshan Hot Spring Scenic Area.
Yuanzhou District, Yichun Economic Development Zone, Yiyang New District and Mingyue Mountain Hot Spring Scenic Area should set up corresponding housing expropriation, compensation and resettlement offices, which are specifically responsible for the housing expropriation, compensation and resettlement work within their respective jurisdictions.
Fifth city, district expropriation office should do a good job of housing expropriation and compensation and resettlement policy publicity and interpretation; The relevant departments of the municipal and district people's governments shall, in accordance with the provisions of these rules and the division of responsibilities, cooperate with each other to ensure the smooth progress of housing expropriation and compensation and resettlement.
Article 6 The municipal and district expropriation offices may entrust the implementation of single λ to undertake the specific work of house expropriation and compensation and resettlement, but the implementation of single λ shall not be for profit. City, district collection office is responsible for supervising the housing collection, compensation and resettlement within the scope of entrustment, and bear legal responsibility for the consequences of its actions.
Finance at all levels shall arrange sufficient work and office funds for the municipal and district collection offices respectively. If the total building area of the house expropriation is below 6,543,800 square meters, the standard budget of 80 yuan/square meter shall be adopted in principle. If the total construction area of the house expropriation is more than 654.38+100000 square meters and less than 50000 square meters, the budget shall be made according to the standard of 60 yuan/square meter; If the total construction area of the house expropriation exceeds 50,000 square meters, the budget shall be made according to the standard of 40 yuan/square meter. The funds shall be audited by the finance department at the same level and implemented after being reported to the municipal and district governments for approval.
Seventh city, district collection office organization planning and construction, land, housing management, urban management, industry and commerce, taxation, SASAC, central urban management committee, street offices, communities, etc. , and to investigate and register the ownership, area λ, use, construction area, υ building and operation of the house within the scope of house expropriation, and the expropriated person shall cooperate. The survey results must be announced to the expropriated person in the housing expropriation standard. Compensation for temporary buildings identified as legal buildings and whose δ exceeds the approved period; Buildings recognized as legal chapter υ and temporary buildings exceeding the approved period shall not be compensated.
Article 8 After the municipal and district expropriation offices draw up the compensation and resettlement plan for house expropriation and report it to the municipal and district people's governments, the municipal and district people's governments shall organize relevant departments to demonstrate and publish it, and at the same time, solicit opinions publicly, and the time for soliciting opinions shall not be less than 30 days.
Article 9 If the transformation of the old city requires the expropriation of houses, and most of the expropriated people think that the house expropriation, compensation and resettlement scheme does not conform to the provisions of these Detailed Rules, the municipal and district people's governments shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Article 10 Before making a decision on house expropriation, the municipal and district people's governments shall conduct social stability risk assessment on house expropriation and compensation and resettlement. The municipal government established Yichun City Housing Expropriation and Compensation and Resettlement Social Stability Risk Assessment Committee, which is responsible for the social stability risk assessment of housing expropriation and compensation and resettlement on state-owned land in the central city, issued a social stability risk assessment report, and reported to the stability department for the record.
Article 11 In order to protect the interests of the central city such as national economic and social development, the Municipal People's Government shall make a decision on house expropriation for projects (including key projects, affordable housing projects and old city reconstruction projects) that conform to the overall planning and special planning of Yichun central city.
Projects involving about 500 people to be expropriated or housing construction area of about 50,000 square meters need to be discussed and decided by the executive meeting of the government. Budget housing levy and compensation and resettlement fees should be paid in full to λ, which will be stored in the special account of the municipal and district levy office and strictly earmarked.
Twelfth housing expropriation decisions need to be announced in a timely manner, the announcement shall announce the compensation plan and specify the administrative reconsideration, administrative litigation rights and other matters.
Thirteenth if the expropriated person refuses to accept the house expropriation decision, he may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
Fourteenth city, District People's government to make a decision on housing expropriation, the expropriated person shall not be in violation of the provisions of the new construction, renovation, expansion, change of use and other acts, otherwise no compensation.
City, district collection office should inform the housing management, land, planning and construction, industry and commerce, taxation and other departments in writing of the above matters, and request to suspend the registration procedures for housing and land lease and mortgage, the planning procedures for building, expanding, rebuilding houses and changing the use of houses, the non-residential business license, tax registration, and the relevant examination and approval procedures of other functional departments. The written notice of suspension of relevant formalities shall specify the suspension period, and the longest suspension period shall not exceed 1 year.
Article 15 After the announcement of the house expropriation decision, the municipal and district expropriation offices shall, within five working days, announce the legitimate real estate appraisal institutions with integrity and rich experience in demolition evaluation in the center of Yichun for the representatives of the expropriated people to choose through consultation. If the representatives of the expropriated person fail to negotiate, the opinions of the majority of the expropriated person shall prevail; Most of the expropriated people are still unable to form opinions, then the municipal and district expropriation offices will randomly draw by public lottery or lottery, and invite the expropriated people's representatives, supervision departments, streets (townships) and communities (villages, groups) to participate in supervision when public lottery or lottery.
As the principal, the municipal and district expropriation offices shall issue a power of attorney for house expropriation evaluation to the selected real estate appraisal institutions, sign a house expropriation evaluation contract with them, and pay the evaluation service fee.
The selected real estate appraisal institution shall strictly implement the Measures for Appraisal of House Expropriation on State-owned Land (J.F. [2011] No.77), and conduct the appraisal of house expropriation independently, objectively and impartially, and no individual or individual may interfere.
If the expropriated person has any objection to the assessed value of the expropriated house, he may apply to the selected real estate assessment agency for review and assessment; If there is any objection to the results of the review, you may apply to the Yichun Real Estate Price Appraisal Expert Committee for appraisal.
Sixteenth is a personal residence, and meet the housing security conditions and apply for low-cost housing, public rental housing, affordable housing to be expropriated, priority distribution, resettlement.
Article 17 The expropriated person may choose monetary compensation or house property right exchange.
If the expropriated person chooses monetary compensation, the value of the expropriated house shall be assessed and determined by the selected real estate appraisal agency in accordance with the Measures for the Assessment of House Expropriation on State-owned Land (J.F. [201] No.77). The compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision.
If the expropriated person chooses to exchange property rights, the municipal or district expropriation office shall provide the property rights exchange house according to the construction area recorded in the expropriated person's house ownership certificate (or the measured construction area of the house) or other legal and valid documents, and calculate and settle the difference between the value of the expropriated house and the value of the property rights exchange house with the expropriated person.
Article 18 Due to the requirements of the overall urban planning, where the houses and their attachments, wooden sheds, garages, basements, house structures and attachments, industrial houses, warehouses, state-owned single λ real estate, public welfare houses, etc. within χ really cannot be exchanged, monetary compensation shall be implemented in principle. According to the laws, regulations and urban planning requirements, the public welfare housing must be approved by the municipal and district people's governments before the property rights exchange can be implemented.
Nineteenth compensation for the expropriated person includes:
(1) Compensation for the value of the expropriated house;
(two) compensation for demolition caused by the expropriation of houses:
Property right exchange: 1200 yuan/household (twice)
Monetary compensation: 600 yuan/household (once)
(three) temporary resettlement compensation caused by the expropriation of houses:
Property right exchange: 7 yuan/February (? Residents under 500 yuan/month will be compensated by 500 yuan/month).
(four) compensation for losses caused by the expropriation of houses.
Compensation for losses caused by the expropriation of houses shall be determined by the municipal and district expropriation offices according to the benefits before the expropriation of houses and the period of suspension of production and business, and the specific compensation standards shall be determined separately in the implementation plan of expropriation compensation.
(five) the subsidies and rewards given to the expropriated person shall be determined separately in the implementation plan of expropriation compensation according to the actual situation of the houses expropriated in the city and district.
Article 20 The municipal and district expropriation office and the expropriated person shall, in accordance with the provisions of these Detailed Rules, sign an agreement on compensation and resettlement for house expropriation on matters such as compensation method, compensation amount and payment period, resettlement place and construction area of resettlement house, relocation, temporary resettlement compensation or turnover house, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Twenty-first houses are expropriated and compensated according to law, and the right to use state-owned land is recovered at the same time. When the municipal and district collection offices conclude an agreement on house expropriation, compensation and resettlement with the expropriated person, they shall collect the relevant documents such as the house ownership certificate and the land use right certificate of the expropriated person, and cancel the house management and land department according to the relevant provisions.
Twenty-second city, district expropriation office shall establish housing expropriation and compensation and resettlement files according to law, and announce the household compensation within the scope of housing expropriation.
Twenty-third housing demolition work by the city, district collection office is responsible for organizing the implementation, and to ensure safety. The housing residual fee shall be disposed of by the municipal and district collection offices, and shall be subject to the supervision of the financial and auditing departments.
Article 24 If the municipal or district expropriation office fails to reach a compensation agreement with the expropriated person within the prescribed time limit, or the owner of the expropriated house is unknown, the municipal or district expropriation office shall report to the municipal or district people's government respectively, make a compensation decision according to the expropriation compensation scheme specified in these Detailed Rules, and make an announcement within the scope of house expropriation.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
After the municipal and district collection offices compensate the expropriated person, the expropriated person shall complete the relocation within the relocation period stipulated in the compensation agreement or determined by the compensation decision.
Article 25 If the expropriated person fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the time limit stipulated in the compensation decision, the municipal or district people's government shall apply to the people's court for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
Twenty-sixth any single λ and individual shall not use violence, threats or illegal ways to interrupt water supply, heat supply, gas supply, power supply and access to force the expropriated person to move, and prohibit single λ from participating in the relocation activities. If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.
Article 27 In the work of house expropriation, compensation and resettlement, those who fail to perform their duties as stipulated in these Detailed Rules, or abuse their powers, neglect their duties or engage in malpractices for selfish ends shall be ordered by the municipal and district people's governments to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 28 Whoever embezzles, misappropriates, privately divides, intercepts or defaults in the collection of compensation fees shall be ordered to make corrections, recover the relevant funds, refund the income obtained through the υ law within a time limit, and give a warning list λ informed criticism to the relevant responsible persons; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Article 29 If a real estate appraisal institution or real estate appraiser issues a false or grossly wrong appraisal report, the issuing authority shall order it to make corrections within a time limit, give a warning, impose a fine of 50,000 yuan to 200,000 yuan on the real estate appraisal institution, and impose a fine of 6,543.8+0,000 yuan to 30,000 yuan on the real estate appraiser, and record it in the credit file; If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirtieth expropriated people by violence, threats and other means to hinder the housing expropriation and compensation and resettlement work in accordance with the law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Thirty-first any organization or individual has the right to report acts in violation of the provisions of these rules to the municipal and district people's governments, municipal and district tax collection organs and other relevant departments. The municipal and district supervision departments shall strengthen the supervision of the relevant departments or staff involved in the work of compensation and resettlement for house expropriation, and the municipal and district financial and auditing departments shall strengthen the supervision of the management and use of compensation and resettlement fees for house expropriation.
Thirty-second Yichun city collective land expropriation and compensation and resettlement work, with reference to these rules.
Thirty-third counties (cities, districts) can refer to the detailed rules for the implementation, or according to the actual situation, formulate the detailed rules for the implementation of housing expropriation and compensation and resettlement work within their respective administrative areas.
Thirty-fourth these rules shall be interpreted by Yichun Real Estate Management Bureau.
Article 35 These Rules shall come into force as of the date of promulgation. The original "Detailed Rules for the Implementation of Housing Demolition Management in Yichun City Center" (Yifufa [2005]18) shall be abolished at the same time. Before the implementation of these rules, the projects that have obtained the house demolition permit according to law will continue to be handled according to the original provisions, but the government shall not instruct the relevant departments to forcibly dismantle them.