Detailed rules for the implementation of house expropriation and compensation on state-owned land

The Detailed Rules for the Implementation of the Regulations on the Expropriation and Compensation of Houses on State-owned Land should be a proposal sent to the State Council by lawyer Li Xiangfen of Hunan Wangzheng Law Firm on 201kloc-0/65438 on 30 October, but the formal Detailed Rules for the Implementation of the Regulations on the Expropriation and Compensation of Houses on State-owned Land has not been issued by the State Council.

PS: Its suggestions are as follows:

It is suggested that the State Council issue the Detailed Rules for the Implementation of the Regulations on Expropriation and Compensation of Houses on State-owned Land as soon as possible.

Lawyer Li Xiangfen of Hunan Wangzheng Law Firm

There are many loopholes and major problems in the Regulations on Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the new expropriation regulations) promulgated and implemented by Order No.590 of the State Council in October 2011.It should be further improved, clarified and standardized by the State Council as soon as possible. The following suggestions are put forward for the State Council's reference.

Chapter I General Provisions

First of all, 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 of non-public land on state-owned land.

Compensation activities for the demolition of houses on state-owned land that are not required by public interests shall be settled by the demolisher and the demolished through equal consultation in accordance with the provisions of 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. Shall not take the form of administrative collection.

Second, the collection of new 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; It is also responsible for the management of house demolition and compensation required by non-public interests within its administrative area, and strictly "separation of demolition and management".

3. The competent department 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 forward the report materials to the reported unit or individual.

Chapter II Collection Decision

Five, in order to clearly distinguish between "the need of public interest" and "the need of non-public interest" in Article 8 of the new expropriation regulations, it should be recognized that the expropriated house was acquired in six situations by obtaining the land use right after demolition.

The construction project that the state obtains the land use right by allocation belongs to the situation of "public interest need"; All construction projects that purchase land use rights by means of public bidding or auction belong to "private interests".

In the transformation of the old city as stipulated 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 people 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 urban areas are incorporated into 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, and public hearings and scientific argumentation shall be organized.

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 to prevent unfair expropriation and distribution, social polarization and emergencies from affecting social stability in accordance with relevant regulations; 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 the house expropriation decision is made, the compensation fee shall be paid in full, stored in a special account and used for special purposes. And make a public announcement to the expropriated person, allowing the expropriated person to inquire and accept the supervision of the expropriated person.

Eight, in accordance with the provisions of Article 13 of this Ordinance, the people's governments at the city and county levels and their house expropriation departments shall not use loudspeakers, frequent visits, uncivilized language and banners 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 the right to use state-owned land is taken back at the same time, the expropriated person shall compensate the legally obtained right to use state-owned land, and the compensation standard shall 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 according to law, or bring an administrative lawsuit according to law. During the administrative reconsideration and administrative litigation, the house expropriation decision is suspended, and the final judicial judgment is used as the basis for resolving the dispute.

Eleven, in accordance with the provisions of article fifteenth of the housing levy department of housing ownership, use, construction area, etc. 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 expropriation decision.

Among them, (1) the compensation for the value of the expropriated house includes the compensation for the value 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 people. Subsidies and rewards shall not be used to punish the expropriated person in disguised form, and the compensation fees 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 safety of the expropriated person, the specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the central government, and no individual housing shall be expropriated before the provinces, autonomous regions and municipalities directly under the central government are formulated and implemented.

Fourteen, according to the provisions of 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 commercial buildings) 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 commercial housing within the scope of expropriation on the date of 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 and rural construction in the State Council formulated and implemented the Measures for House Expropriation and Evaluation, the house expropriation and compensation activities 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 real estate price assessment agencies shall be selected by the expropriated person 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 houses 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 these regulations, if the house property right is exchanged due to the expropriation of houses, 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 pay the expropriated person double the temporary resettlement fee 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, the provinces, autonomous regions and municipalities directly under the central government shall formulate specific compensation measures for losses caused by the expropriation of houses as soon as possible. Before the provinces, autonomous regions and municipalities directly under the Central Government have formulated specific measures, no business premises may 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. If it is recognized as a legal building and a temporary building that does not exceed the approved period, it shall be compensated; Those who are identified as illegal buildings and temporary buildings that exceed the approved period shall be clearly responsible. Illegal buildings caused by administrative omission or illegal administration and temporary buildings exceeding the approved period 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 of the housing levy department and the expropriated person to conclude a compensation agreement, shall not use deception, threats, violence and other illegal means. Otherwise, the compensation agreement is invalid.

Twenty-one, in line 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 to prohibit the construction unit from participating in the collection and compensation activities involving "public interests"; City and county people's governments, house expropriation departments and their staff are prohibited from participating in the relocation compensation activities that are not in the public interest.

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 shall 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 compulsory execution of the house expropriation compensation decision shall be stopped. 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 by the housing levy department to establish the housing levy compensation files shall not be fraudulent, should be allowed to be used; Anyone who practices fraud should be investigated and punished according to 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 accordance with the provisions of Article 30 of this Ordinance, in violation of the provisions of this Ordinance, the municipal and county people's governments, housing demolition management departments and people who have been taken in the compensation and resettlement of housing demolition do not perform their duties as stipulated in this Ordinance, abuse their powers, neglect their duties, engage in malpractices for selfish ends, take revenge, etc. Under any of the following circumstances, the people's government at a higher level shall order it to make corrections according to the seriousness of the case, and informed criticism shall punish it according to law and cancel the qualification for demolition. 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, they shall be liable for compensation according to law.

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

2. After collecting compensation and resettlement in the name of public land projects, it is changed to non-public land projects such as commercial land projects;

3. Demolition of houses in violation of legal procedures;

4. Failing to announce and serve the decision on expropriation and demolition or the decision on 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 the demolition, compensation and resettlement program;

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, before the implementation of compulsory expropriation and demolition, not in accordance with the provisions of this Ordinance to the demolition of local or nearby resettlement houses, resettlement houses for auction, did not 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, in accordance with 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, detains or defaults in collecting compensation fees in accordance with the provisions of Article 33 of this Ordinance shall be investigated for legal responsibility in accordance with the provisions of Article 33, and the list of the investigated compensation fees for embezzlement, misappropriation, deduction, interception and default 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 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 use 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.

Please discuss the above suggestions, ask experts to correct them, and ask the State Council for reference. I urge the State Council to issue the Detailed Rules for the Implementation of the Regulations on Expropriation and Compensation of Houses on State-owned Land as soon as possible.