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

Implementing Rules for the Regulations on the Expropriation and Compensation of Houses on State-Owned Land

The "Regulations on the Expropriation and Compensation of Houses on State-owned Land" are to regulate the expropriation and compensation activities of houses on state-owned land and safeguard the public* ** interests, to protect the legitimate rights and interests of the expropriated person, are formulated in accordance with the "Property Rights Law" and the "Decision of the Standing Committee of the National People's Congress on Amending the "Real Estate Management Law of the People's Republic of China and the City of the People's Republic of China". Let's take a look at it below Its implementation details

Chapter 1 General Provisions

1. The "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" is limited to regulating the houses on state-owned land that are needed for the public interest. expropriation and compensation activities. This regulation does not apply to house demolition and compensation activities on state-owned land required for non-public interest land use.

House demolition and compensation activities on state-owned land required for non-public interest land use shall be carried out in accordance with the "Property Rights Law of the People's Republic of China" and the "Real Estate Management Law of the People's Republic of China" and other relevant laws and regulations, shall be settled through equal consultation between the demolisher and the demolished persons in accordance with the law. Administrative collection methods are not allowed.

2. Article 4 of the New Expropriation Regulations: Municipal and county-level people’s governments are responsible for the expropriation and compensation of houses in their own administrative areas; and are responsible for the demolition and compensation of houses required by non-public interests in their own administrative areas. In the management work, we must strictly implement "disassembly and separation".

3. The housing and urban-rural development department of the State Council and the housing and urban-rural development department of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government should, in conjunction with the finance, land and resources, development and reform and other relevant departments at the same level, issue as soon as possible? Regarding strengthening the supervision of Guiding Opinions on the Implementation of House Expropriation and Compensation?.

4. It is strictly prohibited for any organization or individual to attack, retaliate or pursue whistleblowers. Any organization or individual is strictly prohibited from transferring reporting materials to the unit or individual being reported.

Chapter 2 Expropriation Decision

5. In order to clearly distinguish between the needs of public interests and the needs of non-public interests in Article 8 of the new expropriation regulations? The situation of land use shall be determined based on the acquisition of land use rights after house expropriation and demolition in the six listed situations.

Any construction project that obtains land use rights through state allocation of land is a case of "public interest needs"; any construction project that obtains land use rights through public bidding such as bidding, auction, etc. It is a situation where non-public interests require it.

Among them, in the reconstruction of old urban areas stipulated in Article 8 (5), state-owned land use rights shall not be transferred for the construction of high-end residences, villas, wealthy manors, high-end clubs and other building facilities; in order to ensure that it is used for On the basis of the principle of building resettlement houses for local resettlement of expropriated and demolished people, only medium and low-end residences can be built. Otherwise, the people's governments at the city and county levels shall not make decisions on house expropriation.

6. In accordance with the provisions of Article 8 of these Regulations, before the construction of affordable housing projects and the reconstruction of old urban areas are included in the annual national economic and social development plans at the municipal and county levels, citizens and residents within the expropriated area shall be extensively solicited. Public hearings should be organized to hold public opinions and undergo scientific verification.

7. In accordance with Article 12 of these Regulations, before making a decision on house expropriation, the people's governments at the city and county levels shall carry out measures in accordance with relevant regulations to prevent social stability risks such as unfair expropriation and distribution, social polarization, emergencies, etc. Assessment; if the house expropriation decision involves a large number of expropriated people or the reconstruction of old urban areas, the opinions of the expropriated people should be extensively solicited, and the decision should be discussed and decided at the government executive meeting.

Before making a decision on house expropriation, the compensation fees for expropriation should be paid in full, stored in a special account, and used for special purposes. It shall be publicly announced to the expropriated persons, allowing the expropriated persons to inquire and accept the supervision of the expropriated persons.

8. In accordance with Article 13 of these Regulations, when carrying out publicity work on house expropriation and compensation, municipal and county-level people's governments and housing expropriation departments are not allowed to use loudspeakers, frequently enter homes, or use inappropriate Civilized language, banners and slogans, and other disharmonious behaviors that affect the normal life and health of the expropriated people.

9. According to Article 13 of these Regulations, if a house is expropriated in accordance with the law and the state-owned land use rights are recovered at the same time, the expropriated person shall be compensated for the state-owned land use rights originally obtained in accordance with the law. The compensation standard shall be based on the expropriated land use rights. The average market price of state-owned land use rights within the scope.

10. According to Article 14 of these Regulations, if the expropriated person is dissatisfied with the house expropriation decision made by the people's government at the municipal or county level, he may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit in accordance with the law. During the period of administrative reconsideration and administrative litigation, the execution of the house expropriation decision shall be suspended, and the final effective judicial decision shall be the basis for resolving disputes.

11. In accordance with Article 15 of these Regulations, if the housing expropriation department has a dispute with the expropriated person regarding the ownership, use, construction area, etc. of the houses within the scope of house expropriation, it shall conduct a reexamination and Review, or resolve through negotiation in accordance with the law.

Chapter 3 Compensation

12. The city or county-level people’s government that makes a decision on house expropriation in accordance with Article 17 of these Regulations shall provide compensation for the value of the house to the expropriated person. It should not be lower than the average market price of commercial housing within the expropriation scope from the date of the expropriation decision.

The compensation for the value of the expropriated houses in item (1) shall include the compensation for the value of the land use rights occupied by the expropriated houses.

The people's governments at the municipal and county levels shall formulate subsidy and reward measures, and shall not use expropriation compensation fees for subsidies and rewards to the expropriated persons. Subsidies and incentives shall not be used in disguised form to punish the expropriated persons, or in disguised form to deduct compensation fees from the expropriated persons.

13. When personal residences are expropriated in accordance with Article 18 of these Regulations, housing security for the expropriated persons shall be given priority. The specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government and shall not be formulated and implemented by the provinces, autonomous regions and municipalities directly under the Central Government. Previously, their personal residences could not be expropriated.

14. In accordance with Article 19 of these Regulations, the compensation for the value of expropriated houses shall not be lower than the average market price of commercial houses within the expropriated area on the date of announcement of the house expropriation decision, according to the following three situations and standards.

1. The compensation for the value of low-end expropriated houses, including bungalows in shantytowns and residential buildings with four floors or less, shall not be less than twice the average market price of commercial housing within the expropriated area on the date of the announcement of the house expropriation decision;

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2. The compensation for the value of mid-range expropriated houses, including residential buildings with more than 4 floors, factories, commercial buildings, etc., shall not be less than 1.5 times the average market price of commercial housing within the expropriated range on the date of announcement of the house expropriation decision;

3. The compensation for the value of high-end expropriated houses, including villas and high-end residential buildings, shall not be lower than the average market price of commercial housing within the expropriated area on the date of announcement of the house expropriation decision.

The methods for house expropriation and assessment shall be formulated by the housing and urban-rural development department of the State Council. During the formulation process, opinions shall be openly solicited from the public. House expropriation and compensation activities on state-owned land will be suspended until the housing and urban-rural development department of the State Council formulates and implements house expropriation assessment methods. 15. In accordance with Article 20 of these Regulations, the provinces, autonomous regions, and municipalities directly under the Central Government shall formulate as soon as possible specific implementation measures for real estate price assessment agencies to be selected through negotiation, majority decision, random selection, etc. by the expropriated persons. Before provinces, autonomous regions, and municipalities directly under the Central Government formulate specific implementation measures, house expropriation and compensation activities shall not be carried out.

16. According to Article 21 of these Regulations, the expropriated person can choose monetary compensation or house property rights exchange.

The principle requirements for choosing house property rights exchange:

1. It must be able to improve the living conditions of the expropriated people;

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

3. The reconstruction of the old city must provide resettlement housing in the reconstruction area or in the nearby area.

4. Commercial houses, second-hand houses, affordable houses and other partially owned houses and houses with restricted property rights that are subsidized by the government and have restricted property rights shall not be used as resettlement houses for expropriated persons.

17. In accordance with Article 22 of these regulations, if the property rights of the house are exchanged due to house expropriation, the house expropriation department shall pay temporary resettlement fees to the expropriated person or provide turnover housing beyond the agreed transition period. , shall pay double the temporary resettlement fee to the expropriated person or extend the use period of the turnover house and pay double the temporary resettlement fee.

18. In accordance with Article 23 of these Regulations, provinces, autonomous regions, and municipalities directly under the Central Government shall formulate as soon as possible specific measures for compensation for losses caused by suspension of production and business due to house expropriation. Before provinces, autonomous regions, and municipalities directly under the Central Government formulate specific measures, commercial housing shall not be expropriated.

19. In accordance with Article 24 of these Regulations, the people's governments at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law. Before making a decision on house expropriation, the people's governments at the city and county levels shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. Compensation shall be provided for temporary buildings that are deemed to be legal and have not exceeded the approved period; for illegal buildings and temporary buildings that have exceeded the approved period, responsibilities must be clearly defined. Any illegal construction caused by administrative inaction or illegal administration and temporary buildings that exceed the approved period shall be compensated. Any illegal construction and temporary construction that exceeds the approved period due to the full responsibility of the expropriated person shall not be compensated.

20. In accordance with Article 25 of these Regulations, when the house expropriation department and the expropriated person conclude a compensation agreement in accordance with the provisions of these Regulations, they shall not use any illegal means such as deception, threats, violence, etc. Otherwise, the compensation agreement will be invalid.

21. According to Article 26 of these Regulations, if the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit in accordance with the law. During the period of administrative review and administrative litigation, the execution of the compensation decision shall be suspended, and the final effective judicial decision shall be the basis for expropriation and compensation.

22. In accordance with Article 27 of these regulations, construction units are prohibited from participating in expropriation and compensation activities required by public interests; municipal and county-level people's governments, housing expropriation departments and their Staff members participate in demolition and compensation activities required by non-public interests.

23. The municipal and county-level people's governments that have made a house expropriation decision in accordance with Article 28 of these Regulations shall apply for compulsory execution by the people's court in accordance with the law. The application form shall be accompanied by the compensation amount, special account number, and property rights. Change the location, area and other materials of houses and transitional buildings. However, during the period of administrative review and administrative litigation, the enforcement of house expropriation compensation decisions is suspended. The final effective judicial decision shall be the basis for the municipal and county-level people's governments to apply to the people's court for compulsory execution of expropriation compensation.

24. The housing expropriation compensation files established by the housing expropriation department in accordance with Article 29 of these Regulations shall not be falsified, and the expropriated person shall be allowed to consult them; any falsification shall be investigated and punished in accordance with the law. Household compensation information shall be announced to the expropriated persons within the scope of house expropriation, and the expropriated persons shall be allowed to verify it.

Chapter 4 Legal Responsibilities

25. In accordance with Article 30 of these Regulations, in violation of the provisions of these Regulations, the municipal and county-level people's governments, housing demolition management departments, and demolishers shall If anyone fails to perform the duties stipulated in these Regulations during house demolition compensation and resettlement, abuses power, neglects duties, engages in malpractice for personal gains, retaliates, etc., and commits any of the following circumstances, the superior people's government shall, depending on the seriousness of the circumstances, order corrections, notify criticism, and impose sanctions in accordance with the law. , disqualification 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 subject to public security management penalties in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. If losses are caused, they shall be liable for compensation in accordance with the law.

1. Application, approval and implementation of administrative expropriation and demolition of units and individual houses for non-public interest land construction projects;

2. Construction on public interest land After nominal expropriation, compensation and resettlement for the project, it is then changed to commercial interest land and other non-public interest land construction projects;

3. Expropriation and demolition of houses in violation of the legal procedures of these regulations;

4. Failure to announce and deliver the decision on expropriation and demolition or compensation and resettlement, or the content, form, and time of announcement and delivery do not meet legal requirements;

5. For those who do not comply with the provisions of these regulations The expropriation, demolition, compensation and resettlement plan is approved and implemented;

6. The house expropriation, demolition, compensation and resettlement decision violates the provisions of these Regulations and the expropriation, demolition, compensation and resettlement plan; 7. The approved house expropriation and demolition scope is not followed Implementing expropriation and demolition;

8. Compulsory expropriation and demolition without obtaining an effective final ruling or judgment from the People's Court;

9. Failure to comply with the provisions of these Regulations before implementing compulsory expropriation and demolition. If the demolished people are provided with on-site or nearby resettlement housing in advance, the resettlement housing is for a short period of time and transitional housing is not provided; or if the monetary compensation is not provided to the demolished people in advance and no turnover housing is provided;

10. Failure to pay relocation subsidies and temporary resettlement subsidies as required;

11. Other situations in which demolition and demolition are carried out in violation of laws and regulations.

26. In accordance with Article 31 of these Regulations, in violation of the provisions of these Regulations, the demolished persons are refused to freely choose local and nearby resettlement, and forced monetary compensation and other illegal methods are used to force the demolished persons to relocate. If any, legal liability shall be pursued in accordance with the provisions of these Regulations.

27. The provisions of Article 32 shall not apply to those who refuse and stop illegal house expropriation and compensation activities in accordance with the law.

28. Anyone who embezzles, misappropriates, privately distributes, withholds, or defaults on expropriation compensation fees in accordance with Article 33 of these Regulations shall be held legally responsible in accordance with Article 33, and shall be liable to all expropriated persons. People publish the list of investigated and dealt with corruption, misappropriation, private division, withholding and arrears of expropriation compensation fees and the results of the investigation.

29. In accordance with Article 34 of these Regulations, if a real estate price evaluation agency or real estate appraiser issues a false or major error evaluation report, legal liability shall be pursued in accordance with Article 34, and Confiscate all illegal gains of real estate price assessment agencies.

Chapter 5 Supplementary Provisions

30. In accordance with Article 35 of these regulations, for projects that have obtained house demolition permits before the promulgation and implementation of these regulations, if the demolished persons are not satisfied, they may If an administrative review or administrative lawsuit is filed in accordance with the law, and the People's Court finally determines that a project that obtained a house demolition permit illegally shall not continue to apply the original regulations, and the government shall not instruct relevant departments to force demolition.

The expropriation and compensation of houses on state-owned land that meet the needs of public interest land use stipulated in the new expropriation regulations shall be handled in accordance with the new expropriation regulations; all non-public interest interests that do not meet the new expropriation regulations shall be handled The demolition and compensation of houses on state-owned land required for land use shall be handled in accordance with relevant legal provisions, and administrative expropriation shall not be used. ;