Qinghai Rural Land Expropriation Compensation Standard Full text of Qinghai Rural Land Expropriation Compensation Regulations in 2020
Some Provisions of Qinghai Province on Implementing the Regulations on Expropriation and Compensation of Houses on State-owned Land
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land, the Measures for Expropriation and Evaluation of Houses on State-owned Land and the Implementation Opinions of Qinghai Provincial People's Government on Implementing Relevant Provisions, and in combination with the actual situation of our province.
Article 2 These Provisions shall apply to the house expropriation and compensation activities on state-owned land within the administrative area of this province.
Third provincial housing and urban construction administrative departments responsible for guiding the province's housing expropriation and compensation work.
Municipalities, state housing levy departments should strengthen the supervision and management of the county (city, district) housing levy and compensation work, to ensure the fairness, justice and unity of the administrative area of housing levy and compensation work.
The people's governments of cities and counties shall be responsible for the house expropriation and compensation within their respective administrative areas.
Chapter II Selection of Evaluation Institutions
Fourth provincial housing and urban and rural construction administrative departments shall, according to the qualification grade, work experience, supervision records and social reputation of the assessment agencies, establish a list of real estate price assessment agencies for housing expropriation in Qinghai Province, and announce it to the public.
Fifth city and county people's government issued a notice of housing expropriation, housing expropriation departments should inform the public through the news media to choose assessment agencies. There shall be no less than three assessment agencies participating in the registration, and if the number of registration is less than three, the house expropriation department shall invite assessment agencies with corresponding qualifications to participate. Eligible assessment agencies shall submit a written application to the house expropriation department within the prescribed registration period.
Article 6 The house expropriation department shall publish the list and basic information of the evaluation institutions applying to participate in the project within the scope of expropriation, and inform the expropriated person of the time limit for selecting the evaluation institutions through consultation.
Article 7 The expropriated person shall, within 5 working days, negotiate and select the appraisal institution, and report the selected result to the house expropriation department in writing.
Article 8 If the expropriated person cannot negotiate and select an assessment institution within 5 days, it shall be determined by voting, and shall be organized and implemented by the house expropriation department. The house expropriation department shall inform the expropriated person of the relevant matters (name, voting time, place and notice) of the selected appraisal institution 5 days in advance. The expropriated person shall hold the house ownership certificate within the specified time, and participate in the voting of the evaluation institution posted at the designated place according to the principle of one vote for the expropriated person (property owner). The number of expropriated persons participating in the voting shall exceed 70% of the total number of expropriated persons. The evaluation agency that won more than 80% of the votes was selected.
Ninth voting failed to select the assessment agencies, by the housing levy department through lottery, lottery and other ways to randomly select. The house expropriation department shall inform the expropriated person of the selected time, place and procedure requirements 5 days in advance. When the lottery is publicly held, the representatives of the expropriated person, the local supervision department of the expropriated house, the representatives of the street (town) and the community (village) organizations shall be invited to participate in the supervision, and the lottery work shall be recorded in the whole process.
The house expropriation department shall invite the notary organ to notarize the evaluation process and results of the evaluation institution.
Article 10 After the appraisal institution is selected, the house expropriation department shall sign an entrustment contract for house expropriation and appraisal with the selected appraisal institution, and issue a power of attorney for house expropriation and appraisal to it within 05 days after the contract is signed.
Eleventh after the selection of assessment agencies, the housing levy department shall publicize the identified assessment agencies within the scope of housing levy.
Chapter III Compensation for Losses Caused by Suspension of Production or Business Operation
Article 12 If the house to be expropriated meets the following conditions, the house expropriation department shall compensate the expropriated person for the loss of production or business suspension:
(1) Having the house ownership certificate or being recognized as a legal building by relevant departments;
(2) If the expropriated house is used as a place for production and business operation, the operator shall hold a legal and valid business license, tax registration certificate and other relevant certificates;
(three) the loss of production or business suspension caused by the expropriation of houses;
(4) Unless otherwise stipulated by laws and regulations.
Thirteenth compensation for losses caused by the expropriation of non-residential houses includes:
(1) Compensation for the loss of net profit during the suspension of production and business;
(two) the basic living allowance for employees during the period of suspension of production and business;
(three) the cost of dismantling, transporting, installing and debugging movable facilities and equipment;
(4) Compensation for the residual value of unrecoverable facilities and equipment.
Article 14 The calculation method of compensation for loss of production or business suspension is as follows:
(a) the net profit compensation during the suspension of production and business = monthly net profit × compensation period for suspension of production and business. The monthly net profit is calculated according to the income tax actually paid 12 months before the announcement date of the house expropriation decision.
(2) Basic living allowance for employees during production suspension = number of employees × monthly living allowance standard × compensation period for production suspension. The monthly living allowance standard for employees is calculated with reference to the local minimum wage standard of the previous year. The number of employees shall be based on the number of labor contracts filed by the enterprise in the labor and social security department before the announcement.
(three) the removal, transportation, installation and debugging costs of movable facilities and equipment shall be calculated according to the construction and installation quota of this province at the time of estimation.
(four) the residual compensation for facilities and equipment that cannot be relocated shall be assessed and determined according to the replacement cost method.
Fifteenth period of compensation for the loss of production or business suspension, calculated according to the following standards:
(a) the choice of property rights exchange compensation, from the date of signing the compensation agreement to 2 months after the transfer of property rights exchange housing to the expropriated person.
(two) the choice of monetary compensation shall be determined by the people's government of the city or county according to the local actual situation, and the longest period shall not exceed 6 months.
Article 16 If the production and business operation unit or individual of the house to be expropriated is not the expropriated person, the loss of production or business suspension shall be distributed according to the agreement with the expropriated person; If there is no agreement, the expropriated person shall negotiate with the production and business operation entity or individual for distribution; If the negotiation fails, the house expropriation department will file a case for notarization of the compensation for the loss of production and business suspension, and pay it after the parties negotiate or the litigation result is determined.
Seventeenth forged land, housing ownership certificates, industrial and commercial business licenses and other documents to defraud compensation for losses caused by suspension of production and business, shall be recovered according to law; If it constitutes a crime, it shall be transferred to judicial organs for handling according to law.
Chapter IV Housing Security
Eighteenth expropriation of individual housing on state-owned land, the expropriated people meet the local housing security conditions and voluntarily choose affordable housing, the city and county governments that have made the decision on housing expropriation shall give priority to housing security.
Article 19 In the work of house expropriation and compensation, the municipal and county governments shall organize the housing security department to work on the spot, announce the information of the location, number of units, area, scope of supply objects, subscription time limit, registration place, etc. of affordable housing, open up a green channel, accept and review the application of the expropriated person on the spot, publicize the audit results, and timely organize the eligible expropriated person to directly choose the house. After obtaining affordable housing, the expropriated person shall not participate in the public distribution and placement of other affordable housing.
Chapter V Supplementary Provisions
Twentieth projects that have obtained housing demolition permits according to law before the implementation of these Provisions shall continue to be handled in accordance with the original provisions.
Article 21 These Provisions shall come into force as of the date of promulgation.
Because the compensation standard of a province as big as Qinghai cannot be unilaterally decided by the provincial government, the documents issued also require that the land acquisition compensation work of the provincial governments must be open and transparent, and the whole compensation plan should be submitted for approval. The practical difficulties encountered in land acquisition shall be solved with reference to these provisions.