Interpretation of the Implementation Measures of Housing Expropriation and Compensation on State-owned Land in Henan Province in 218

Interpretation of the implementation measures for the expropriation and compensation of houses on state-owned land in Henan Province in 218

Implementation measures for the expropriation and compensation of houses on state-owned land in Zhumadian City

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.59 of the State Council) and the Notice of Henan Provincial People's Government on Printing and Distributing Several Provisions on Implementing Regulations on Expropriation and Compensation of Houses on State-owned Land in Henan Province (Yu Zheng [212] No.39), as well as the provisions of relevant national laws and regulations, combined with the actual situation of our city, these measures are formulated.

Article 2 These Measures shall apply to the expropriation of houses on the state-owned land of our city for the needs of public interests.

article 3 the Zhumadian municipal people's government is responsible for the house expropriation and compensation within its administrative area, and supervises the house expropriation and compensation of the county and district people's governments.

article 4 the house expropriation office of Zhumadian municipal people's government, as the municipal house expropriation department, is responsible for organizing and implementing the house expropriation and compensation work in its administrative area.

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 activities carried out by the house expropriation implementation unit within the scope of entrustment, and is legally responsible 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, so as 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 should strengthen the supervision of the house expropriation at the district level, especially in the aspects of expropriation plan, policies and regulations, expropriation compensation scheme and the use of compensation funds, so as to ensure the fairness, justice and unity of the house expropriation and compensation work within their respective administrative areas.

article 7 the staff engaged in house expropriation and compensation shall be familiar with the laws, regulations and policies on house expropriation, and have the corresponding professional knowledge on house 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.

article 8 any organization or individual has the right to report any violation of these measures to the municipal government, the house expropriation department and other relevant departments. The municipal government, the house expropriation department and other relevant departments that have received the report shall promptly verify and handle the report.

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

Chapter II Decision on Expropriation

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

(1) The need of national defense construction;

(2) the needs of infrastructure construction such as energy, transportation and water conservancy organized and implemented by the government;

(3) the needs of public undertakings 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;

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

(5) The need to rebuild the old city in areas with concentrated dangerous houses and backward infrastructure organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law;

(6) other public interests as stipulated by laws and administrative regulations.

Article 1 For all kinds of expropriation projects that really need to be expropriated due to the needs of public interests and meet the relevant conditions, the main unit responsible for the project shall submit a written application for expropriation of houses to the municipal house expropriation department, and submit the following materials:

(1) Basic information such as the location and scope of the project, the number of households to be expropriated and the construction of the project;

(2) certification materials issued by the municipal development and reform commission that conform to the national economic and social development plan; The approval documents for the construction of affordable housing projects and the renovation of old urban areas and the relevant materials incorporated into the annual plan for national economic and social development of the city;

(3) certification materials issued by the Municipal Bureau of Land and Resources that conform to the overall land use planning and relevant materials on the nature of land ownership within the scope of the project;

(4) certification materials issued by the Municipal Urban and Rural Planning Bureau that conform to 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 compliance with the relevant regulations 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 it in combination with relevant departments such as finance, supervision, planning and housing management, and the relevant departments and the expropriated person shall cooperate.

the municipal government should organize relevant departments such as discipline inspection and supervision, land and resources, housing construction, urban and rural planning, finance and housing management to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. The urban and rural planning department is responsible for the identification of illegal buildings within the scope of expropriation; 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 the verification of housing use and area; Other departments shall cooperate according to their responsibilities.

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

Article 12 The municipal house expropriation department shall, according to the pre-assessment price of the house and the investigation and verification, draw up the expropriation compensation scheme and report it to the Municipal People's Government.

the contents of the expropriation compensation scheme shall include: legal basis, expropriation scope, expropriation department and entrusted house expropriation implementation unit, number of households involved in expropriation and house 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 should promptly organize relevant departments to demonstrate and publish the proposed expropriation compensation scheme. Take the form of holding a hearing and collecting written opinions to solicit public opinions. The period for soliciting opinions shall not be less than 3 days. If the expropriated person needs to submit opinions, he should submit his identity certificate and the certificate of housing ownership to the municipal housing expropriation department in writing within the time limit for soliciting opinions.

Article 13 The Municipal People's Government shall promptly announce the situation of soliciting opinions and the modification according to public opinions within the scope of house expropriation.

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 the local government, grassroots organizations, NPC deputies and CPPCC members.

before the fourteenth 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 relevant 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.

Article 15 The house expropriation department shall set up a special account for expropriation compensation funds. Before the government makes a decision on house expropriation, it should ensure that the compensation fee is fully paid, stored in a special account and earmarked.

article 16 after the government has made a written decision on house expropriation, it shall issue an announcement on house expropriation within 5 days. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.

if the house is expropriated according to law, the right to use the state-owned land will be recovered at the same time.

the government and the house expropriation departments should do a good job in publicizing and explaining the house expropriation and compensation.

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

Article 18 After the scope of house expropriation is determined, the expropriated person shall not build, expand or rebuild the house, decorate and decorate the house or change the use of the house within the scope of house expropriation, and so on, which will unreasonably increase the compensation fee; 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 one year. All relevant departments shall immediately stop handling after receiving the notice.

chapter iii expropriation evaluation

article 19 the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to the 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 the real estate price assessment agencies with corresponding qualifications according to the regulations.

real estate price assessment agencies shall independently, objectively and impartially carry out the assessment of house expropriation, and no unit or individual may interfere.

Article 2 The house expropriation department shall publicize a number of real estate price appraisal institutions with good social reputation, strong comprehensive strength and corresponding qualifications within the scope of house 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 according to the principle that the minority is subordinate to the majority, or adopt random methods such as lottery and lottery. The assessment of the same house expropriation project is undertaken by a real estate price assessment agency.

after the real estate price appraisal institution is selected, the house expropriation department shall issue a house expropriation appraisal power of attorney to the real estate price appraisal institution and sign a written house expropriation appraisal 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 price appraisal institution with relevant information such as the ownership of the expropriated house and land necessary for the appraisal of the value of the expropriated house, and assist in the field survey.

if the expropriated person refuses to conduct on-the-spot investigation of the expropriated house, the house expropriation evaluation price shall be based on the legal ownership documents made by the planning, land and housing management departments and the value evaluation of similar houses expropriated in the house expropriation area. Without registration, according to the relevant provisions of these measures or 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 survey. The relevant information shall be stated in the evaluation report.

article 22 a real estate price appraisal institution shall timely deliver the appraisal results to the house expropriation department and the expropriated person.

if the expropriated person disagrees with the evaluation results, he can submit a written application for review and evaluation to the original real estate price evaluation agency within 1 days from the date of receiving the real estate evaluation report. If there is any objection to the results of the review, you can apply to the provincial real estate price evaluation expert Committee for appraisal within 1 days, and the provincial real estate price evaluation expert Committee will issue a written appraisal opinion.

Chapter IV Compensation for Expropriation

Article 23 The compensation given to the expropriated person includes:

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

(2) compensation for relocation and temporary resettlement caused by house expropriation;

(3) compensation for the loss of production or business closure caused by the expropriation of houses.

the subsidies and rewards given to the expropriated person shall be implemented according to the compensation scheme for house expropriation.

article 24 if the expropriated person meets the housing guarantee conditions, he may apply for government-subsidized housing, and the relevant departments will give priority to the resettlement if they meet the conditions.

article 25 the expropriated person may choose monetary compensation or exchange of house property rights.

if the expropriated person chooses to exchange property rights, the government shall provide the house for property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house for property rights exchange with the expropriated person.

if the expropriated individual houses are expropriated due to the renovation of the old city, and the expropriated person chooses to exchange the house property rights in the renovated lot, the government shall provide the houses in the renovated lot or the nearby lot.

article 26 in case of relocation due to house expropriation, 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 expenses and temporary resettlement expenses shall be implemented according to the compensation scheme for house expropriation.

article 27 the compensation for the loss caused by the expropriation of non-residential houses by the expropriated person shall be implemented in accordance with the relevant provisions in the notice of the people's government of Henan province on printing and distributing the regulations on the expropriation and compensation of houses on state-owned land in Henan province (Yu Zheng [212] No.39).

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

article 28 the municipal government and its relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with those who violate urban and rural planning.

illegal buildings and temporary buildings exceeding the approved period will 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 for property right exchange, relocation fee, temporary resettlement fee or revolving 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 3 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 report to the municipal government to make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of these measures, and make an announcement within the scope of house expropriation.

(1) The whereabouts of the owner of the house are unknown;

(2) there is no proof of the ownership relationship of the house;

(3) it is temporarily impossible to verify the legal owner of the house;

(4) disputes over the ownership of houses have not been resolved according to law or are under litigation;

(5) The owner of other houses is unclear.

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

article 31 public security, education, housing management, public utilities and other departments shall promptly handle and arrange the transfer of the household registration of the expropriated person, the transfer of children to another school, the registration of house ownership, and the use of water and electricity.

article 32 the house expropriation department shall establish a house expropriation compensation file according to law, and publicize the household compensation to the expropriated person within the scope of house expropriation.

Audit institutions should strengthen the collection of compensation fees.