Interpretation of the implementation methods of housing expropriation and compensation on state-owned land in Henan Province from 2065438 to 2009

Chapter I General Provisions

Article 1 In order to standardize the expropriation and compensation of houses on state-owned land in Zhumadian City, according to the spirit of the State Council's Regulations on Expropriation and Compensation of Houses on State-owned Land (Order No.590 of the State Council) and the Notice of Henan Provincial People's Government on Printing and Distributing Several Provisions on Implementing the Regulations on Expropriation and Compensation of Houses on State-owned Land (Yu Fu Fa [2065438+02] No.39), as well as the provisions of relevant national laws and regulations.

Second for the needs of public interests, the implementation of housing expropriation on state-owned land in our city, the application of this approach.

Article 3 The Zhumadian Municipal People's Government shall be responsible for the house expropriation and compensation within its administrative area, and supervise the house expropriation and compensation of the county and district people's governments.

Fourth Zhumadian Municipal People's government housing levy office as the city housing levy department is responsible for organizing the implementation of the administrative area of housing levy and compensation.

The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit.

The municipal house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.

Article 5 Departments such as discipline inspection and supervision, development and reform, land and resources, housing construction, urban and rural planning, housing management, finance, auditing, public security, maintaining stability through letters and visits, and courts shall cooperate with each other according to their work functions to ensure the smooth progress of housing expropriation and compensation.

Street offices, town (township) people's governments and neighborhood committees where houses are expropriated shall actively cooperate with the related work of house expropriation and compensation.

Article 6 The municipal housing and urban-rural construction department shall, jointly with the municipal finance, land and resources, urban and rural planning, development and reform, housing management and other relevant departments, strengthen the guidance on the implementation of housing expropriation and compensation in the whole city.

The house expropriation department of the Municipal People's Government shall strengthen the supervision of district-level house expropriation, especially in the aspects of expropriation plan, policies and regulations, expropriation compensation scheme, use of compensation funds, etc., to ensure the fairness, justice and unity of house expropriation and compensation within their respective administrative areas.

Seventh staff engaged in housing expropriation and compensation, should be familiar with the laws, regulations and policies of housing expropriation, and have the corresponding professional knowledge of housing expropriation. The municipal house expropriation department shall regularly train and assess the personnel engaged in house expropriation, and accept the inspection of the superior housing and urban and rural construction departments and the supervision of the expropriated person.

Eighth any organization or individual who violates the provisions of these measures has the right to report to the municipal government, the house expropriation department and other relevant departments. The municipal government, the house expropriation department and other relevant departments that receive the report shall promptly verify and handle it.

The supervisory organ shall strengthen the supervision of the government and relevant departments or units and their staff involved in the work of house expropriation and compensation.

Chapter II Collection Decision

Article 9 In order to safeguard national security, promote national economic and social development and other public interests, the Municipal People's Government shall make a decision on house expropriation under any of the following circumstances:

The needs of national defense construction;

(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;

(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;

(four) the needs of the construction of affordable housing projects organized and implemented by the government;

(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;

(six) the needs of other public interests as prescribed by laws and administrative regulations.

Tenth * * * interests need and meet the relevant conditions, it is really necessary to levy all kinds of housing levy projects, the main unit of the project is responsible for the city housing levy department to submit a written application for housing levy, and submit the following information:

(a) the location and scope of the project, the number of households to be expropriated and the basic situation of the project construction;

(two) certification materials issued by the Municipal Development and Reform Commission in line with the national economic and social development plan; The approval documents and related materials for the construction of affordable housing projects and the transformation of old urban areas to be included in the annual plan for national economic and social development of this Municipality;

(three) the certification materials issued by the Municipal Bureau of Land and Resources in line with the overall land use planning and the relevant materials on the nature of land ownership within the scope of the project;

(four) certification materials issued by the Municipal Urban and Rural Planning Bureau in line with urban and rural planning and special planning;

(5) Other relevant materials that need to be submitted.

Article 11 If the municipal house expropriation department considers that the house expropriation can be carried out in accordance with the relevant provisions after examination, it shall organize personnel to investigate and register the ownership, location, use and construction area of the house to be expropriated, and verify with the relevant departments of finance, supervision, planning and housing management, and the relevant departments and the expropriated person shall cooperate.

The municipal government shall organize discipline inspection and supervision, land and resources, housing construction, urban and rural planning, finance, housing management and other relevant departments to investigate, identify and deal with unregistered buildings within the scope of collection according to law. The urban and rural planning department is responsible for the identification of illegal buildings within the scope of collection; The municipal land department is responsible for the investigation and demarcation of land ownership within the scope of expropriation; City housing management department is responsible for verifying the use and area of the house; Other departments shall cooperate according to their duties.

The survey results shall be announced to the expropriated person within the scope of house expropriation.

Twelfth city housing levy department according to the housing price pre-assessment and investigation and verification, formulate compensation plan submitted to the Municipal People's government.

The contents of the expropriation compensation scheme shall include: legal basis, expropriation scope, expropriation department and entrusted housing expropriation implementation unit, number of households involved in expropriation and housing expropriation area, implementation time, compensation method, compensation standard, relocation fee, temporary resettlement subsidy and reward standard, resettlement housing area and resettlement place, relocation period, relocation transition mode and transition period, etc.

The Municipal People's Government shall promptly organize relevant departments to demonstrate and publish the proposed compensation scheme. Take the form of holding a hearing and collecting written opinions to solicit public opinions. The time for soliciting opinions shall not be less than 30 days. If the expropriated person needs to submit opinions, he shall submit his identity certificate and house ownership certificate to the municipal house expropriation department in writing within the time limit for soliciting opinions.

Thirteenth Municipal People's Government shall solicit opinions within the scope of house expropriation and make timely announcement on the modification according to public opinions.

Because of the need to expropriate houses for the transformation of the old city, if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, the Municipal People's Government shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing. Public representatives are generally representatives of local governments, grassroots organizations, NPC representatives and CPPCC members.

Article 14 Before the Municipal People's Government makes a decision on house expropriation, the house expropriation department shall conduct a social stability risk assessment in accordance with the provisions and submit a social stability risk assessment report. If the situation is complex and involves a large number of people, it shall be discussed and decided by the executive meeting of the municipal government.

Fifteenth housing levy departments should set up a special account for the collection of compensation funds. Before making a decision on house expropriation, the government should ensure that the compensation fees are paid in full, stored in special accounts and used for special purposes.

Article 16 After the government makes a written decision on house expropriation, it shall issue a house expropriation announcement within 5 days. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.

If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.

The government and the house expropriation departments should do a good job in the publicity and explanation of house expropriation and compensation.

Article 17 If the expropriated person refuses to accept the house expropriation decision made by the government, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Eighteenth after the scope of house expropriation is determined, the expropriated person shall not build, expand or rebuild the house within the scope of house expropriation, decorate the house and change the use of the house, and shall not increase the compensation fee improperly; In violation of the provisions of the implementation, no compensation.

The house expropriation department shall also notify the relevant departments of urban and rural planning, construction, public security, industry and commerce, land and resources in writing to suspend the relevant procedures within the scope of house expropriation, and the longest suspension period shall not exceed 1 year. All relevant departments should immediately stop handling after receiving the notice.

Chapter III Collection and Evaluation

Nineteenth 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. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with regulations.

Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.

Twentieth housing expropriation departments should publicize a number of real estate price assessment agencies with good social reputation, strong comprehensive strength and corresponding qualifications within the scope of housing expropriation for the reference of the expropriated people. Real estate price assessment agencies are determined by the expropriated person through consultation; If negotiation fails within the specified time, the house expropriation department shall decide by organizing the expropriated person to vote or by random means such as drawing lots and shaking numbers in accordance with the principle that the minority is subordinate to the majority. The assessment of the same house expropriation project shall be undertaken by the real estate price assessment agency.

After the real estate price assessment agency is selected, the house expropriation department shall issue a house expropriation assessment power of attorney to the real estate price assessment agency and sign a written house expropriation assessment entrustment contract with it. Real estate price assessment agencies shall not transfer or transfer the entrusted house expropriation price assessment business in disguised form.

Article 21 The expropriated person shall provide the real estate appraisal institution with relevant information such as the expropriated house and land ownership required for the value appraisal of the expropriated house, and assist in the field survey.

If the expropriated person refuses to conduct on-the-spot investigation on the expropriated house, the appraisal price of the house expropriation shall be based on the legal ownership documents made by the planning, land and housing management departments and the valuation of similar houses expropriated in the house expropriation area. Without registration, according to these measures or the relevant provisions of the planning, land and housing management departments as the basis for evaluation. The expropriated person shall bear the adverse consequences of not assisting in the field investigation. Relevant information shall be explained in the evaluation report.

Twenty-second real estate price assessment agencies shall promptly deliver the assessment results to the house expropriation department and the expropriated person.

If the expropriated person disagrees with the appraisal results, he may submit a written application for review and appraisal to the original real estate price appraisal institution within 10 days from the date of receiving the real estate appraisal report. If there is any objection to the review results, you can apply to the provincial real estate price appraisal expert committee for appraisal within 10 days, and the provincial real estate price appraisal expert committee will issue a written appraisal opinion.

Chapter IV Expropriation and Compensation

Twenty-third compensation for the expropriated person includes:

(1) Compensation for the value of the expropriated house;

(two) relocation compensation and temporary resettlement caused by the expropriation of houses;

(3) Compensation for losses caused by expropriation of houses.

Subsidies and rewards to the expropriated person shall be implemented in accordance with the housing expropriation compensation scheme.

Twenty-fourth expropriation of individual housing, the expropriated person meets the housing security conditions, can apply for government affordable housing, the relevant departments identified as qualified priority placement.

Twenty-fifth expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.

If the expropriated person chooses the house property right exchange, the government shall provide the house property right exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house property right exchange with the expropriated person.

If the expropriated person chooses to exchange the property right of the house in the reconstruction area because of the expropriation of individual houses in the old city reconstruction, the government shall provide the houses in the reconstruction area or nearby areas.

Twenty-sixth because of the house expropriation and relocation, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.

Relocation fees and temporary resettlement fees shall be implemented in accordance with the housing levy compensation scheme.

Article 27 Compensation for losses caused by expropriation of non-residential houses by expropriated persons shall be implemented in accordance with the relevant provisions of the Notice of the People's Government of Henan Province on Printing and Distributing the Provisions on Expropriation and Compensation of Houses on State-owned Land in Henan Province (JUNG WOO [2012] No.39).

Non-residential houses that have stopped production or business at the time of making the expropriation decision shall not be compensated for the loss of production or business.

Twenty-eighth municipal government and its relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with violations of urban and rural planning.

Illegal buildings and temporary buildings exceeding the approved period shall not be compensated.

Article 29 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Measures, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house with property rights exchange, relocation expenses, temporary resettlement expenses or turnover of the 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.

Article 30 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or under any of the following circumstances, the house expropriation department shall, in accordance with the provisions of these Measures, report to the municipal government to make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation.

(a) the whereabouts of the owner of the house is unknown;

(two) there is no housing ownership certificate;

(three) temporarily unable to verify the legitimate owner of the house;

(four) the housing ownership dispute has not been resolved according to law or is in litigation;

(five) other circumstances in which the owner of the house is unknown.

If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Thirty-first public security, education, housing management, public utilities and other departments should promptly handle and arrange the transfer of the household registration, children transfer, housing ownership registration, water and electricity use and other matters.

Thirty-second house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.

Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.

Chapter V Demolition

Thirty-third the implementation of housing expropriation should be compensated first, and then moved.

After the Municipal People's Government compensates the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined by the compensation decision.

No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic.

Construction units are prohibited from participating in relocation activities.

Article 34 If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the municipal government that made the decision on house expropriation 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.

Thirty-fifth housing demolition enterprises should have the corresponding qualifications. Demolition of multi-storey houses with six floors or less and structures with a depth of 20 meters or less requires the qualification of general contracting of housing construction projects above Grade III. Demolition of other houses and structures or the need for blasting operations shall be qualified for professional contracting of blasting and demolition projects. Demolition construction shall be carried out in accordance with the "Regulations on the Administration of Work Safety in Construction Projects" (the State Council Decree No.393rd) and other relevant provisions. The construction site shall take necessary safety measures to prevent dust and noise, and keep the environment clean and tidy.

Chapter VI Supplementary Provisions

Thirty-sixth counties (districts) on the state-owned land housing levy compensation, referring to these measures.

Thirty-seventh in order to strengthen the supervision of the Municipal People's Government on the housing expropriation and compensation work of the District People's Government, the housing expropriation and compensation scheme filing system is implemented. The compensation scheme for housing expropriation formulated by the district housing expropriation department must be reported to the municipal housing expropriation department for the record.

Thirty-eighth any organization or individual fails to perform their duties or acts in violation of the provisions of these measures, resulting in mistakes, in accordance with the relevant provisions of the "Regulations on the expropriation and compensation of houses on state-owned land in the State Council" (the State Council DecreeNo. 590th).

Thirty-ninth before the implementation of these measures, the projects that have obtained the house demolition permit according to law will continue to be handled in accordance with the original provisions, but the government shall not instruct the relevant departments to forcibly dismantle them.

Fortieth these Measures shall come into force as of the date of promulgation. On May 28th, 2004, Zhumadian Municipal People's Government promulgated the Measures for the Implementation of Urban Housing Demolition Management in Zhumadian City (Zhu Zheng [2004] No.42) which shall be abolished at the same time.