Housing levy and compensation for state-owned land in Ji'nan
the Ji'nan Municipal People's government order 248th
"Ji'nan state land collection and compensation method" has been discussed and passed at the thirtieth standing meeting of the municipal government in July 18, 2013, and is now announced.
Mayor Yang Luyu
2013
the first chapter of Chapter 1
in order to standardize the collection and compensation activities of housing on the state-owned land, safeguard the public interests and protect the legitimate rights and interests of the owner of the house being levied, according to the housing collection and compensation article on the state-owned soil For example, this method is formulated in combination with the actual situation of the city. These Measures shall apply to the collection and compensation of
second municipal housing areas (including Ji'nan hi tech Industrial Development Zone) on the state owned land.
Third Municipal and District People's governments are responsible for housing expropriation and compensation on state-owned land within their jurisdiction.
the Department of urban and rural construction and the departments established by the people's Government of the district (hereinafter referred to as the housing expropriation Department) are responsible for organizing the collection and compensation of the houses on the state-owned land within their jurisdiction.
hair reform, land resources, planning, city management law enforcement, housing security management departments, and other departments in accordance with their duties, together to do a good job in the State Land Housing collection and compensation.
fourth housing levy departments can entrust the implementation units of housing levy and undertake the specific work of housing expropriation and compensation on state-owned land. Housing levy units must not aim at profit making.
fifth Municipal Housing expropriation departments should regularly train personnel engaged in housing expropriation and compensation for relevant legal policies and professional knowledge.
sixth municipal people's governments commend the units or individuals that have made outstanding contributions to the collection and compensation of housing on state-owned land.
second chapters expropriate one of the following cases that determine
one of the seventh of the following cases, the city and the District People's government should make a housing expropriation decision: (1) the needs of national defense and diplomacy; (two) the government organization to implement the infrastructure construction of energy, transportation, water conservancy and other basic infrastructure; (three) the government group The needs of public services such as science and technology, education, culture, health, sports, environment and resources protection, disaster prevention and disaster reduction, cultural relic protection, social welfare and municipal public utilities are needed; (four) the government should organize and implement the construction of secure housing projects; (five) the government implements the centralization and foundation of the critical housing in accordance with the urban and rural planning organization of the city. It is necessary to rebuild old urban areas in areas with backward infrastructure; and (six) other public interests are required by laws and administrative regulations.
eighth housing expropriation departments shall compile annual plans for housing collection on state owned land according to law. The annual plan for the national economic and social development should be included in the construction projects such as the protection of the housing project, the centralization of the critical housing and the reconstruction of the old urban areas with backward infrastructure.
ninth project implementation units need to levy a house according to law, should submit the application to the housing expropriation department and submit the following materials: (1) the preliminary planning and planning report of the project; (two) the feasibility study report; (three) the implementation of the housing source and the implementation of the compensation fund.
the housing expropriation department should ask for advice on whether the construction activities of the housing expropriation are in accordance with the national economic and social development plan, the overall land use plan, the urban and rural planning and the special plan to the development and reform, the land resources and the planning department. The development, land, resources and planning departments shall issue written opinions within 10 working days after receiving the letter of consultation.
tenth articles in accordance with the provisions of the seventh articles (1) to (four) and (six) of the present measures need to expropriate the house, and the housing expropriation department shall determine the scope of the housing expropriation according to the planning opinion of the construction land.
in accordance with the provisions of article seventh (five) of the present measures, housing needs to be levied, and the housing expropriation department will determine the scope of the housing expropriation with the departments of reform, planning and land and resources.
eleventh housing levy departments shall issue a notice of freezing within 3 days after the determination of the scope of housing levy.
on the date of the release of the freezing notice, no unit or individual may build, expand, reconstruct, renovate houses and appendages within the scope of the collection, and change the use of houses and land.
the housing levy department shall notify the relevant departments in writing to suspend the relevant procedures of the matters listed in the preceding paragraph when the freezing notice is issued. The written notice of suspending the relevant formalities shall specify the time limit for suspension. The duration of the suspension is not more than 1 years.
after the housing expropriation decision is made, the housing expropriation department shall notify the relevant departments to stop handling the procedures related to the items listed in the second paragraphs before the end of the project construction activities.
the following act of the following twelfth frozen notices shall not increase the cost of compensation: (1) the analysis of the housing and the transfer of the house; (two) the settlement of the residence and the household. But because of marriage, birth, returning home, military personnel withdrawing active service, serving the prisoner's release and so on, there must be the exception of the residence registration. (three) establish a new housing lease relationship, separate and change the name of the public rental house; (four) new establishment and change of business registration and business units, social groups registration; (five) other guidance. The act of improperly increasing the cost of compensation.
thirteenth housing expropriation departments shall organize investigation and registration of the ownership, location, use, building area and supporting facilities within the scope of the housing collection, and the expropriated should cooperate. The results of the investigation should be released to the expropriated persons within the scope of housing levy. Before the publication of the fourteenth compensation schemes for
, the law enforcement departments of the city administration shall investigate, identify and deal with the unregistered buildings within the scope of the collection, in accordance with the law, in accordance with the law of the planning and housing security management. If it is deemed to be a legitimate building, it shall be compensated; if it is regarded as an illegal building, it shall not be compensated.
fifteenth housing expropriation departments shall draw up the compensation scheme to the people's government at the same level, and publish it by the relevant departments of the people's government at the same level, and seek public opinion. The time limit for consultation shall not be less than 30 days.
compensation scheme includes the following contents: (1) the legal basis of housing expropriation and compensation; (two) the purpose of housing expropriation; (three) the scope of housing expropriation; (four) housing expropriation department, housing expropriation implementation unit, housing expropriation evaluation institution; (five) the contract period for housing expropriation compensation; (six) housing expropriation compensation Methods and calculation methods; (seven) the basic situation for property transfer housing; (eight) awards and various subsidy standards; (nine) transfer mode, transition period; (ten) other matters.
the sixteenth municipal or district people's governments will timely announce their opinions and make amendments according to public opinions.
more than fifty percent of the levied persons who are required to levy a house because of the reconstruction of the old urban areas are considered that the compensation scheme is not in conformity with the regulations on the expropriation and compensation of houses on the state owned land and the provisions of this method. The municipal or district people's governments organize the hearings attended by the expropriated and the public, and according to the hearing The situation modification scheme. The seventeenth expropriation compensation fees of
mainly include funds for monetary compensation and houses for property rights swap.
the funds for money compensation and their subsidies and rewards should be in full place before the housing expropriation decision, the store and special funds for the special account. When
is used for property right conversion, the housing should be in conformity with the national quality and safety standards when it is delivered, with clear property rights and no right to bear.
the housing expropriation department should organize the risk assessment of social stability before the housing expropriation decision is made by the eighteenth municipal or district people's governments. The decision of the housing expropriation decision involves a large number of the levied persons, which will be decided by the executive meeting of the government.
nineteenth municipal or district people's governments should make timely announcement after making the decision on housing levy. The announcement shall include matters such as compensation scheme and right remedy way.
third chapter compensation
twentieth expropriation compensation methods, including monetary compensation and property rights swap.
twenty-first compensations for the levied person include: (1) the value of the house being levied; (two) the relocation and temporary resettlement costs caused by the collection of houses; (three) the loss of shutdown due to the collection of houses.
twenty-second articles for the reconstruction of individual residences due to the reconstruction of the old urban areas, the levied person chooses to change the property right of the house in the rebuilt section, and the housing expropriation department shall provide the building of the rebuilt section or the near area.
the value of twenty-third levied houses and property transfer houses shall be determined by the assessment of the real estate price assessment agency with a corresponding qualification. The time point is the date of the announcement of the housing expropriation decision.
specific implementation measures for housing levy assessment shall be formulated by the municipal housing levy department according to law.