Measures for the assessment of state-owned land expropriation

Detailed Rules for the Implementation of Regulations on Expropriation and Compensation of Houses on State-owned Land

In order to regulate the activities of house expropriation and compensation on state-owned land, safeguard public interests and protect the legitimate rights and interests of the expropriated people, the Regulations on House Expropriation and Compensation on State-owned Land are formulated. According to the Property Law and the Decision of NPC Standing Committee on Amending the Law of People's Republic of China (PRC) on Urban Real Estate Management, let's take a look at its implementation details.

Chapter I General Provisions

First, the Regulations on the Expropriation and Compensation of Houses on State-owned Land is limited to regulating the activities of expropriation and compensation of houses on state-owned land required by public interests. These Regulations shall not apply to the house demolition and compensation activities that do not require public land on state-owned land.

Compensation activities for house demolition on state-owned land that is not required by public interests shall be settled by the demolisher and the demolished through equal consultation in accordance with People's Republic of China (PRC) Property Law, People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations. No administrative expropriation shall be taken.

Second, the new collection regulations Article 4 The municipal and county people's governments shall be responsible for the collection and compensation of houses within their respective administrative areas; And is responsible for the administrative area of non-public interests of housing demolition and compensation management, strict implementation of the "separation of demolition and management.

3. The competent departments of housing and urban construction in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the relevant departments of finance, land resources, development and reform at the same level, issue the Guiding Opinions on Strengthening the Implementation of Housing Expropriation and Compensation as soon as possible.

Four, it is strictly forbidden for any organization or individual to crack down, retaliate and investigate the informants. It is strictly forbidden for any organization or individual to transfer the report materials to the reported unit or individual.

Chapter II Collection Decision

Five, in order to clearly distinguish between the "public interest needs" and "non-public interest needs" in Article 8 of the new expropriation regulations, it should be identified in the way of obtaining land use rights after house expropriation and demolition in the six cases listed.

The construction project that the state obtains the land use right by allocation belongs to the situation of "public interest"; Any construction project that obtains the land use right by public bidding, auction and hanging is a case of "non-public interests".

In the transformation of the old city specified in Item (5) of Article 8, the right to use state-owned land shall not be transferred for the construction of high-grade houses, villas, rich estates, high-grade clubs and other building facilities; On the basis of the principle of ensuring that it is used to build resettlement houses for those who have been taken down, only middle and low-grade houses can be built. Otherwise, the people's government at the city or county level shall not make a decision on house expropriation.

Six, according to the provisions of Article 8 of this Ordinance, before the construction of affordable housing projects and the transformation of old areas are included in the annual plan for national economic and social development at the city and county levels, the opinions of citizens and the public within the scope of collection shall be widely solicited, public hearings shall be organized, and scientific argumentation shall be conducted.

Seven, in accordance with the provisions of article twelfth, the people's governments at the city and county level shall, before making a decision on house expropriation, make a risk assessment in accordance with the relevant provisions to prevent unfair expropriation and distribution, social polarization, emergencies and other situations that affect social stability; If the house expropriation decision involves a large number of expropriated people and the transformation of the old city, the opinions of the expropriated people shall be widely solicited and decided by the executive meeting of the government.

Before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account and used for special purposes. And publicly announced to the expropriated person that the expropriated person is allowed to inquire and accept the supervision of the expropriated person.

Eight, according to the provisions of article thirteenth of this Ordinance, the people's governments at the city and county levels and the house expropriation departments shall not use loudspeakers, frequent visits, uncivilized language and slogans that affect the normal life and health of the expropriated people and are not harmonious.

Nine, in line with the provisions of Article 13 of the housing is expropriated according to law, and at the same time to recover the right to use state-owned land, it should be expropriated in accordance with the law to obtain the right to use state-owned land compensation, compensation standards should be based on the average market price of the right to use state-owned land within the scope of expropriation.

Ten, in accordance with the provisions of article fourteenth of the expropriated person refuses to accept the decision made by the people's government at the city or county level, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. During the period of administrative reconsideration and administrative litigation, the house expropriation decision is suspended, and the final judicial judgment is used as the basis for resolving disputes.

Eleven, in accordance with the provisions of article fifteenth, the house expropriation department shall investigate the ownership, use and construction area of the house. If there is a dispute with the expropriated person within the scope of investigation and registration, it shall be reviewed and rechecked, or settled through consultation according to law.

Chapter III Compensation

Twelve, in accordance with the provisions of article seventeenth of the city and county people's government to make a decision on housing expropriation compensation for the value of the house to be expropriated shall not be lower than the average market price of commercial housing within the scope of expropriation from the date of making the decision on expropriation.

Among them, the value compensation of the expropriated house in Item (1) includes the value compensation of the land use right occupied by the expropriated house.

The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and shall not use the compensation fees for subsidies and incentives for the expropriated persons. Subsidies and rewards shall not be used to punish the expropriated person in disguised form, and the compensation fee levied by the expropriated person shall be deducted in disguised form.

Thirteen, in accordance with the provisions of Article 18 of the expropriation of individual housing, priority should be given to ensuring the housing security of the expropriated person. The specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the central government. Before the provinces, autonomous regions and municipalities directly under the central government are formulated and implemented, individual housing shall not be expropriated.

Fourteen, according to article nineteenth of this Ordinance, the compensation for the value of the house to be expropriated shall not be lower than the average market price of the commercial housing within the scope of expropriation on the date of the announcement of the house expropriation decision, and shall be implemented according to the following three situations and standards.

1, the compensation for the value of low-grade expropriated houses (including shanty towns, bungalows and houses below 4 floors) shall not be less than 2 times of the average market price of commercial housing within the scope of expropriation on the date of announcement of the house expropriation decision;

2. The compensation for the value of mid-range expropriated houses (including houses with more than 4 floors, factories and business premises) shall not be less than 1.5 times of the average market price of commercial houses within the scope of expropriation on the date of announcement of the house expropriation decision;

3. The compensation for the value of high-grade expropriated houses (including villas and high-grade houses) shall not be lower than the average market price of commercial houses within the scope of expropriation on the date of the announcement of the house expropriation decision.

Measures for the assessment of housing expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process. Before the competent department of housing and urban-rural construction in the State Council formulated and implemented the measures for house expropriation and evaluation, the activities of house expropriation and compensation on state-owned land were suspended. Fifteen, in accordance with the provisions of article twentieth, the provinces, autonomous regions and municipalities directly under the central government shall formulate specific implementation measures as soon as possible, and the expropriated person shall select the real estate price assessment agency through consultation, majority decision and random selection. Provinces, autonomous regions and municipalities directly under the Central Government shall not implement house expropriation and compensation activities before formulating specific implementation measures.

Sixteen, in line with the provisions of article twenty-first, the expropriated person can choose monetary compensation or property rights exchange. Principles and requirements for choosing housing property rights exchange;

1, must be able to improve the living conditions of the expropriated person;

2. The living environment of the expropriated person must be improved;

3, the transformation of the old city must provide resettlement housing in the transformation area or nearby areas.

4 government subsidies for commercial housing, second-hand housing, affordable housing and other houses with limited property rights shall not be used as resettlement houses for the expropriated people.

17. According to the provisions of Article 22 of this Ordinance, if the property right of the house is exchanged due to the expropriation of the house, if the house expropriation department pays the temporary resettlement fee to the expropriated person or provides the revolving house for more than the agreed transition period, it shall double the temporary resettlement fee to the expropriated person or extend the use period of the revolving house, and pay double the temporary resettlement fee.

Eighteen, in accordance with the provisions of article twenty-third, as soon as possible by the provinces, autonomous regions and municipalities directly under the central government to formulate specific compensation measures for losses caused by the expropriation of housing. Before the provinces, autonomous regions and municipalities directly under the central government formulate specific measures, no business premises shall be levied.

Nineteen, in accordance with the provisions of article twenty-fourth, the municipal and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law. Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Temporary buildings that have been recognized as legal buildings and have not exceeded the approval period shall be compensated; Those who are identified as illegal buildings and temporary buildings exceeding the approved period shall be clearly responsible. Illegal buildings and temporary buildings exceeding the approved period caused by administrative omission or illegal administration shall be compensated. All illegal buildings and temporary buildings exceeding the approved period caused by the full responsibility of the expropriated person shall not be compensated.

Twenty, in accordance with the provisions of article twenty-fifth, the house expropriation department and the expropriated person shall not use deception, threats, violence and other illegal means when concluding a compensation agreement. Otherwise, the compensation agreement is invalid.

Twenty-one, in accordance with the provisions of article twenty-sixth of the expropriated person refuses to accept the compensation decision, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. During administrative reconsideration and administrative litigation, the compensation decision is suspended, and the final judicial judgment is used as the basis for collecting compensation.

Twenty-two, in accordance with the provisions of article twenty-seventh, the construction unit is prohibited from participating in the collection and compensation activities required by the public interest; It is forbidden for the people's governments of cities and counties, the house expropriation departments and their staff to participate in the relocation compensation activities required by "non-public interests".

Twenty-three, in accordance with the provisions of Article 28 of this Ordinance, the people's government at the city or county level that has made the decision on house expropriation shall apply to the people's court for compulsory execution according to law, and attach the amount of compensation, the account number stored in the special account, the location and area of the property exchange house and the revolving house. However, during the period of administrative reconsideration and administrative litigation, the decision on compensation for house expropriation ceased to be enforced. The final effective judicial judgment is the basis for the people's government at the city or county level to apply to the people's court for compulsory enforcement of expropriation compensation.

Twenty-four, in accordance with the provisions of article twenty-ninth, the housing levy department shall establish the housing levy compensation file, and shall not resort to deceit, and shall be allowed to be levied; Anyone who practices fraud should be investigated and punished by law. Household compensation is announced to the expropriated person within the scope of house expropriation, allowing the expropriated person to verify.

Chapter IV Legal Liability

25, in violation of the provisions of Article 30 of this Ordinance, the people's government at the city or county level, the housing demolition management department, the demolition of people in the compensation and resettlement of housing demolition do not perform the duties stipulated in this Ordinance, abuse their powers, neglect their duties, engage in malpractices for selfish ends, take revenge and other acts, under any of the following circumstances, the people's government at a higher level shall, depending on the seriousness of the case, order them to make corrections, and informed criticism shall be punished according to law, and the demolition qualification shall be cancelled. The directly responsible person in charge and other directly responsible personnel, if the circumstances are serious and constitute a violation of public security management, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused, it shall be liable for compensation according to law.

1, application, approval and implementation of administrative expropriation and demolition of houses by units and individuals in non-public interest land construction projects;

2. After the compensation and resettlement is levied in the name of public land projects, it will be changed to business land projects and other non-public land projects;

3. Demolition of houses in violation of legal procedures;

4. Failing to announce and serve the decision on expropriation, demolition or compensation and resettlement, or the content, form and time of announcement and service do not meet the statutory requirements;

5. Approve and implement the compensation and resettlement scheme for expropriation and demolition that does not conform to the provisions of these Regulations;

6, housing demolition, compensation and resettlement decision in violation of the provisions of this Ordinance and demolition, compensation and resettlement procedures; 7. Failing to implement the expropriation and demolition in accordance with the approved scope of house expropriation and demolition;

8. Forced demolition without the final ruling or judgment of the people's court;

9, the implementation of compulsory expropriation and demolition, not in accordance with the provisions of this Ordinance to provide local or nearby resettlement houses, auction resettlement houses, not to provide transitional housing turnover; Or the monetary compensation for the demolished person is not in place, and the turnover room is not provided;

10, failing to pay relocation subsidies and temporary resettlement subsidies as required;

1 1, other expropriation and demolition cases in violation of laws and regulations.

Twenty-six, according to the provisions of article thirty-first, in violation of the provisions of this Ordinance, refused to be taken on the spot, the nearest resettlement, compulsory monetary compensation and other illegal means of forced demolition, shall be investigated for legal responsibility in accordance with the provisions of this Ordinance.

Twenty-seven, according to the law to refuse and stop illegal housing expropriation and compensation activities do not apply to the provisions of article thirty-second.

28. Anyone who embezzles, misappropriates, deducts, intercepts or defaults in the collection of compensation fees in accordance with the provisions of Article 33 of these Regulations shall be investigated for legal responsibility in accordance with the provisions of Article 33, and the list of the investigated embezzlement, misappropriates, deducts, intercepts and defaults in compensation fees and the investigation results shall be announced to all the expropriated persons.

29. In accordance with the provisions of Article 34 of these Regulations, if a real estate appraisal institution or real estate appraiser issues a false or grossly wrong appraisal report, it shall be investigated for legal responsibility in accordance with the provisions of Article 34, and all the illegal income of the real estate appraisal institution shall be confiscated.

Chapter V Supplementary Provisions

30. According to the provisions of Article 35 of this Ordinance, if a project that has obtained a house demolition permit before the promulgation and implementation of this Ordinance is dissatisfied with the demolition, it may bring an administrative reconsideration or administrative lawsuit according to law. If the final judgment of the people's court illegally obtains the house demolition permit, it shall not continue to be implemented in accordance with the original provisions, and the government shall not instruct the relevant departments to forcibly dismantle it.

The expropriation and compensation of houses on state-owned land that meet the needs of public interest land as stipulated in the new expropriation regulations shall be handled in accordance with the new expropriation regulations; Compensation for house demolition on state-owned land that does not meet the needs of non-public land as stipulated in the new expropriation regulations shall be handled in accordance with relevant laws and regulations, and administrative expropriation shall not be adopted.

When an enterprise on state-owned land is demolished, the real estate price assessment agency shall be selected by the demolished through consultation. If there is only one enterprise unit, the enterprise unit shall designate an appraisal institution, which must have the corresponding real estate appraisal qualification. If the demolished person cannot select the assessment institution within the specified time, the house expropriation department will organize the expropriated person to vote or determine the assessment institution by drawing lots. The evaluation institution evaluates the value of the expropriated house according to the evaluation rules.

Legal basis:

Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation 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. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.