Re: housing levy and compensation for state-owned land in Ji'nan
twenty-fifth houses which impose property right change, the building area of the property transfer house shall not generally be less than the inner building area of the house being expropriated.
the house is chosen by the levied person in accordance with the scope and standard stipulated in the compensation scheme. The price of the public sharing area beyond the part of the shared apportionment of the collected house is borne by the housing expropriation department.
the house expropriated by the levied person beyond the scope and standard of the compensation scheme, the outside of the building area and the price of its relative apportioned area shall be calculated according to the evaluation price of the property transfer house, and the levied person shall bear it.
twenty-sixth levied housing houses are exchanged for property rights, and the housing expropriation department shall, in accordance with the provisions of the present measures, make clear the price between the compensation amount of the levied house and the value of the property transfer to the house.
twenty-seventh public housing housing levied according to the rent standard prescribed by the government, the levied person and the lessee agreed to the agreement, the housing expropriation department should compensate the parties according to the agreement; the levied person and the lessee did not reach agreement, the housing expropriation department should give the property transfer, the original lease. It does not change. The specific methods are formulated separately.
twenty-eighth levied persons or public housing tenants have only one set of residential houses, and the building area is less than 46 square meters. The housing expropriation department carries out the housing arrangement in accordance with the minimum set area of the residential design (hereinafter referred to as the minimum set area standard) prescribed by the state or is carried out according to the building area of 46 square meters. Monetary compensation.
the price difference within the standard of the minimum type area which is rebuilt or located in the near area shall be borne by the housing expropriation department; the price of the corresponding area beyond the minimum set area standard shall be borne by the levied or public housing tenant. After the settlement of the price difference, the property right of the house is owned by the leased person or the public housing tenant.
the implementation of different places resettlement, according to the compensation housing value of the 46 square meters of the building is rehoused. If there is a difference between the impropriated house and the resettlement house, the house price difference should be settled.
the housing expropriation department shall provide the levied person or the public house lessee who enjoy the conditions stipulated in the preceding paragraph, and shall publicize it within the scope of the expropriation and accept the supervision of the society.
twenty-ninth of the following cases, the levied person or the public housing tenant does not enjoy the standard stipulated in the twenty-eighth article first paragraph: (1) the levied person or the public housing tenant (including a spouse) is outside the scope (only within the city's urban planning area) and the housing, as well as the sale and so on. The transfer of housing reform house behavior; (two) the unit or the street office of the place where the house is located issue the certificate of the levied person or the public housing tenant not to live here; (three) the public notice is dissent and the condition is not qualified; (four) the levied person or the public housing tenant has enjoyed the standard treatment of the minimum type area; (five) The levied person who is subject to the standard treatment of the minimum type area or the public housing tenant has no justifiable reason to sign a compensation agreement with the housing expropriation department within the period of the contract.
thirtieth pieces of non residential housing money compensation price, according to the house collection decision announcement on the date of the housing location is similar to the real estate market price assessment.
thirty-first levied non residential houses to carry out monetary compensation, the housing expropriation department shall pay the compensation to the levied person in accordance with the price determined in the thirtieth section of the present measures.
the transfer of property rights in non residential buildings shall conform to the state's industrial policies, land supply policies and project plans. The specific methods are formulated separately.
thirty-second non residential property owners who have chosen land acquisition may apply to the housing expropriation department within 10 days after the release of the compensation scheme. The housing levy department shall, within 3 days after receiving the application, hand it over to the municipal land acquisition and storage institution.
after receiving the application from the housing levy department, the land acquisition and storage agency of the city shall reply within 15 days. Those who agree to purchase, enter the purchase procedure, do not agree to purchase or fail to reach a purchase agreement, shall be implemented by the housing levy department in accordance with these measures.
thirty-third levied public non residential houses rented in accordance with the rent standard stipulated by the government, the levied person and the lessee agreed to the agreement, the housing expropriation department should compensate the parties according to the agreement; the levied person and the lessee did not reach agreement and conformed to the conditions for the transfer of property rights, the housing expropriation department may enter With the change of property rights, the original lease relationship is unchanged; the levied person has not reached an agreement with the lessee and does not conform to the conditions for the transfer of property rights, and the housing expropriation department shall give monetary compensation. The specific methods are formulated separately.
thirty-fourth article in the scope of collection of unauthorized use of residential housing business activities, according to the original housing property registration nature.
increases the compensation according to the length of the tax time in accordance with the actual operating area of the residential building before the implementation of this method, and the business license is consistent with the location of the housing registration and has a tax record. The specific methods are formulated separately.
thirty-fifth levied houses have disputes over property rights or rights of use, which have not been resolved within the period of the contract. The housing expropriation department shall temporarily resettle the present owner of the house.
thirty-sixth levy houses with mortgage rights, in accordance with the relevant state guarantee laws and regulations.
thirty-seventh expropriation houses involving military installations, churches, temples, cultural relics and historical sites shall be dealt with in accordance with relevant laws and regulations. The thirty-eighth housing levy departments of
shall conclude the housing levy compensation agreement with the leased persons and the public housing tenants. The main contents include the way of compensation, the amount of compensation, the location and area of the property transfer, the relocation fee, the temporary settlement fee or the turnover room, the loss of the shutdown, the time limit for the relocation, the mode of transition and the time limit for the transition, and the liability for breach of contract.
thirty-ninth of the expropriated persons choose monetary compensation, the housing levy department shall pay 6 months' temporary resettlement fee to the person charged.
the levied person chooses the property right of the house to replace the housing, and the housing expropriation department pays the temporary resettlement fee by the housing expropriation department; the housing expropriation department solves the turnover room and does not pay the temporary resettlement fee. Because the responsibilities of the housing expropriation Department extend the transition period, the temporary settlement fee of the housing expropriation room has doubled since the overdue month, and the housing expropriation department is provided with the turnover room, and the temporary settlement fee is paid monthly from the overdue month.
the housing levy department should pay the removal fee to the person being charged.
fortieth housing expropriation departments shall give appropriate rewards to the persons who have been relocated on time, moving ahead of time, or choosing the levied persons of the money compensation and the public housing tenants. The specific methods are formulated separately.
forty-first the implementation of housing levy should first be compensated and then relocated.
after the compensation is given by the housing expropriation department, the levied person and the public housing tenant shall complete the relocation within the period stipulated in the agreement of the compensation agreement or the decision of the compensation decision.
No unit or individual shall take violence, threat or to force the relocation of the levied or public housing tenants in such illegal ways as interruption of water supply, heating, supply, power supply and road traffic. The construction units are prohibited from participating in the relocation activities.
forty-second housing expropriation departments and the levied person, public housing tenant can not achieve compensation agreement within the period of signing the contract, or the owner of the housing owner is not clear, the housing expropriation department shall report to the people's government at the same level to make the compensation decision in accordance with the law and in the housing sign. Notice within the scope of the collection.
forty-third levied persons and public housing tenants do not apply for administrative reconsideration within the legal period, and do not initiate administrative proceedings. The people's governments of the city or district apply for compulsory execution by the people's court in accordance with the law within the period within the period of the compensation decision.
forty-fourth housing expropriation departments shall establish the compensation archives of housing expropriation, and make the result of the household compensation to the levied person and the public house lessee within the scope of the housing expropriation.
audit institutions should strengthen supervision over the management and use of compensation fees.
forty-fifth housing expropriation units shall, within 30 days from the date of the demolition and acceptance of the house, go to the housing security administration department to register the registration procedures for the cancellation of the house expropriated, and pay off the certificate of the ownership of the original house.
housing is levied by law, the housing expropriation and implementation unit shall, within 30 days from the day of the demolition and acceptance of the house, go to the Department of land and resources management to register the registration procedures for the land use right and pay off the original land ownership certificate.
fourth chapters of legal responsibility
forty-sixth housing expropriation departments and relevant staff members who do not perform their duties in the collection and compensation work on the state-owned land, or abuse their powers, dereliction of duty, favoritism and malpractice, and take on the liability for compensation according to law; and those in charge of direct responsibility are responsible for the compensation. And other directly responsible personnel shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
forty-seventh articles of violence, threats or interruption of water supply, heating, gas supply, power supply and road passage to force the expropriated to relocate and cause the loss, bear the liability in accordance with the law; the persons in charge of direct responsibility and other directly responsible persons who constitute a crime shall be investigated and punished according to law. If a crime is not constituted, it shall be punished according to law; if a violation of public security management is constituted, the public security administration shall be punished according to law.
forty-eighth ways to prevent the collection and compensation of housing on state-owned land by means of violence or threat, the public security department shall give punishment according to law; if the crime constitutes a crime, the criminal responsibility shall be investigated according to law.
forty-ninth real estate price assessment agencies or real estate valuers issued false or significant error assessment report, the issuing organ shall order the time limit to be corrected, give warning, the real estate price evaluation institution is also fined less than 50 thousand yuan and 200 thousand yuan, and the real estate appraiser is more than 10 thousand yuan A fine of below 30 thousand yuan shall be fined and recorded in the credit file; if the circumstances are serious, the qualification certificate and the registration certificate shall be revoked; the liability for damages is borne by the law, and the criminal liability shall be investigated in accordance with the law.
fifth chapter annex
fiftieth counties (cities) state-owned land on housing levy and compensation work can be referred to the implementation of this approach. The fifty-first measures of
shall come into force on the date of promulgation. The administrative measures for the removal of urban houses in Ji'nan promulgated by the Municipal People's Government in April 19, 2007 (No. 223rd of the municipal government) shall be abolished simultaneously. The project has already obtained the demolition permit or the housing levy decision has been made according to the law. If it is required to be dismantled, it shall be carried out in accordance with the law.