Time: 2011-5-513: 30: 00 Xinjiang Daily.
New Construction Law of Housing and Urban-Rural Development Department of Autonomous Region [20 1 1]No. 17
In order to implement the Regulations on the Expropriation and Compensation of Houses on State-owned Land (Order No.590 of the State Council, hereinafter referred to as the Regulations on Expropriation), standardize the house expropriation activities on state-owned land according to law, safeguard public interests, and protect the legitimate rights and interests of the expropriated people, we put forward the following guiding opinions after study, please follow them carefully;
First, conscientiously study and implement the Regulations on Collection and improve relevant supporting policies.
(a) to strengthen the study and publicity, accurately grasp the spirit of the "Regulations".
The Regulations on Expropriation has greatly adjusted the original house demolition system, canceled the administrative license for demolition, the administrative ruling on compensation for demolition and the administrative compulsory demolition, strictly restricted the house expropriation within the scope of public interests, and stipulated that the people's government at the county level can expropriate the houses of units and individuals on state-owned land according to law only for the needs of public interests, and give fair compensation to the owners of expropriated houses. City and county people's governments and housing expropriation departments should seriously organize study, publicity and implementation of the Regulations on Expropriation, accurately understand the legislative spirit of the Regulations on Expropriation, master the new system established by the Regulations on Expropriation, give overall consideration to the interests of industrialization, urbanization construction and the expropriated housing masses, and strive to realize the combination of public interests and the personal interests of the expropriated people; Through fair compensation, subsidies and rewards, ensure that the living conditions of the expropriated people are improved and the original living standards are not reduced; Improve the procedures of house expropriation, standardize the behavior of house expropriation, increase public participation and various supervision and guidance, do a good job in house expropriation, obtain the full understanding and support of the expropriated people, ensure the smooth progress of public welfare projects, and promote the leap-forward development and long-term stability in Xinjiang.
(two) pay close attention to cleaning up the policies and regulations of house demolition and formulate the implementation provisions of the collection regulations.
The Regulations on Expropriation came into effect on 20 1 1, and the former Regulations on the Administration of Urban House Demolition in the State Council and the Detailed Rules for the Implementation of Xinjiang Uygur Autonomous Region (OrderNo. 1 27 of the People's Government of the Autonomous Region) were abolished at the same time. Measures for the Administration of Qualification of Urban House Demolition Units in Autonomous Region (J.J. [2003] 12), Rules for Compensation and Valuation of Urban House Demolition in Autonomous Region (J.J. [2003] No.22) and Rules for Administrative Adjudication of Urban House Demolition in Autonomous Region formulated by the Department of Housing and Urban-Rural Development. All localities should conscientiously clean up the policies and regulations on the management of urban housing demolition issued by their own regions and departments, and abolish or revise them in time.
The Housing and Urban-Rural Development Department of the Autonomous Region will promptly study and formulate normative documents such as the formulation of housing expropriation scheme, the selection of housing expropriation evaluation institutions, the evaluation of the value of the expropriated houses, the compensation for losses caused by suspension of production and business, and the issuance of affordable housing to the expropriated people. In conjunction with the relevant departments to study and formulate regulations on the management and audit of housing expropriation compensation funds, and timely draw the autonomous region to formulate the "Detailed Rules for the Implementation of Expropriation Regulations".
The people's governments at the city and county levels shall, under the authorization of the Regulations on Expropriation, study and formulate measures for subsidies and incentives for house expropriation, give subsidies and incentives to the expropriated people, and promote the smooth implementation of house expropriation projects.
Two, according to the law to determine the main body of housing expropriation, clear housing expropriation implementation agencies.
(three) to determine the main body of house expropriation and the house expropriation department according to law
The municipal (autonomous prefecture) and district people's governments are the main bodies of house expropriation on the land of state-owned counties (hereinafter referred to as municipal and county people's governments), and government agencies (including various development zones, parks, border ports, etc.). ), towns, street offices and other grass-roots organizations and community, neighborhood committees and other residents' self-governing organizations do not have the qualification of housing expropriation as stipulated in the Regulations on Expropriation.
The people's governments at the city and county levels shall, in accordance with the principle of consistency of powers and responsibilities, streamlining and efficiency, and determine the housing expropriation departments of this city and county as soon as possible according to the local housing expropriation tasks, the quality of government managers, management methods and other factors. Housing expropriation departments should have the ability to organize and coordinate housing and urban and rural construction, land and resources, development and reform, finance, environmental protection, cultural relics protection, auditing, supervision and other departments to carry out housing expropriation work, and be able to independently bear corresponding legal responsibilities. Grass-roots organizations such as government agencies, towns, street offices and residents' self-governing organizations such as communities and neighborhood committees, under the unified organization of the house expropriation department, assist in the house expropriation and compensation work.
(four) according to the law to entrust the implementation of housing units.
With the process of modern industrialization and new urbanization in the autonomous region, house expropriation will become a normal work of the people's governments at the city and county levels. In cities and counties with heavy collection tasks, the house expropriation department may entrust the specific work of house expropriation and compensation to the implementation unit of house expropriation. According to the requirements of the "Regulations on Expropriation", the implementation unit of house expropriation should be fully funded by the finance and have legal person status. The house expropriation department shall not entrust the specific work of house expropriation and compensation to the project construction units and companies, enterprises and other economic organizations.
If the house expropriation department entrusts the implementation unit of house expropriation, it shall issue a written entrustment document. The entrustment document shall specify the principal, the entrusted party, the entrusted matters, the entrusted authority and the entrusted period. The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Three, strictly limit the collection items, formulate a reasonable compensation plan for housing expropriation, and standardize the decision-making procedures for housing expropriation.
(five) strict collection scope, reasonably determine the collection scale and implementation opportunity.
House expropriation is a specific administrative act that the government forces units and individuals to transfer house property rights and land use rights in order to realize public interests. The people's governments at the city and county levels must strictly limit the housing expropriation projects within the scope stipulated in the Regulations on Expropriation, conform to the overall land use planning, urban and rural planning and special planning, and incorporate them into the national economic and social development plans and annual plans. Affordable housing projects and old city reconstruction projects can only be implemented after being examined and approved by the people's congress at the same level or the Standing Committee.
Housing expropriation should be done according to one's ability, and the scale of expropriation should be reasonably determined according to the level of social and economic development and the affordability of the masses, so as to ensure the completion of expropriation compensation within one year. If the construction project is large in scale and needs to be levied by stages, the house expropriation and compensation scheme shall be drawn up and implemented according to the changes in the real estate market price.
Before the people's government at the city or county level determines the scope of house expropriation, the house expropriation department shall not, on the grounds of reducing the compensation expenditure, notify the relevant departments in advance to suspend the administrative license, registration and filing that restrict the real right of immovable property, such as building, expanding, rebuilding and changing the use of houses. When the owner or user of the house applies for the above-mentioned examination and approval, registration and filing, the relevant departments shall explain to the applicant the detailed urban planning and the recent construction planning, which shall be chosen by the obligee independently.
(six) to do a good job in the investigation and appraisal of the housing situation before the house expropriation.
The people's governments at the city and county levels shall organize the departments of housing and urban construction, land and resources, real estate, industry and commerce, taxation and other departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law before making a decision on housing expropriation.
In any of the following circumstances, property rights shall be recognized and compensated: first, the building has been built for more than two years; Second, according to urban and rural planning, land management and other relevant laws and regulations, it does not constitute demolition or confiscation; Third, although housing construction has not been approved by urban and rural planning, land resources and other departments, it has been approved by other government departments, grassroots organizations, residents' autonomous organizations, rural collective organizations and other units, and urban and rural planning, land management and other departments have not pursued the responsibility of ultra vires approval.
In any of the following circumstances, it shall be deemed as an improper increase in compensation fees, and no compensation shall be given: First, the houses that have been legally recognized as illegal construction by the relevant departments before the announcement of expropriation, and have been taken down or confiscated and delivered; Second, the house expropriation department investigates the houses illegally built after registration and expropriation.
Before the laws, regulations and the people's government of the autonomous region have not stipulated the conditions for the examination and approval of the administrative license for changing residential buildings into business buildings, the houses that are "non-residential" on state-owned land shall be evaluated according to the actual use, and the rights and interests shall be revised according to the real estate valuation norms to determine the compensation for the house value.
(seven) accurate calculation of housing levy compensation fees, the implementation of housing levy and resettlement.
Compensation fees for house expropriation include compensation fees for house value, relocation fees, temporary resettlement fees, compensation fees for losses caused by expropriation, and subsidies and funds paid to the expropriated person according to the subsidy and reward standards determined by the people's governments of cities and counties. The subsidy and reward measures determined by the people's governments of cities and counties shall implement a unified subsidy and reward standard for the same collection project.
In order to accurately estimate the compensation of house value and avoid a big difference with the house value entrusted by the expropriated person, the house expropriation department shall entrust a real estate appraisal institution to select different types of houses for consultation and evaluation when drawing up the compensation scheme for house expropriation. The people's governments at the city and county levels, the house expropriation departments and the housing implementation units shall support the real estate appraisal institutions to make an independent, objective and fair appraisal.
The people's governments at the city and county levels shall determine and publish the standard of temporary resettlement subsidies with reference to the local housing rental market price.
Housing expropriation departments raise property rights exchange houses and temporary turnover houses through market acquisition and early construction.
Property exchange houses and temporary turnover houses shall meet the national quality standards and ensure the original living and use conditions of the expropriated person.
(eight) scientifically and reasonably formulate the housing expropriation compensation scheme to protect the public's right to know, participate and make suggestions.
The housing expropriation department shall formulate the compensation scheme for housing expropriation, which shall comply with the Regulations on Expropriation and the relevant provisions of the autonomous region. The compensation scheme for expropriation includes: expropriation basis, expropriation purpose, expropriation scope, compensation and resettlement method, monetary compensation standard, location and standard of property right exchange house, relocation period, temporary resettlement period and temporary resettlement fee standard, location and standard of temporary revolving house, calculation method and compensation standard of compensation loss due to suspension of production and business, subsidies and rewards, etc.
The compensation scheme for house expropriation should consider the public interest and the interests of the expropriated person as a whole to ensure scientific, reasonable, fair and just. The people's governments at the city and county levels shall organize the departments of housing and urban-rural construction, land and resources, development and reform, finance, environmental protection, cultural relics protection, auditing and supervision to demonstrate whether the compensation scheme is in line with the Regulations on Collection and the relevant provisions of the autonomous region, whether the scope and scale of collection are in line with relevant plans and plans, whether it is scientific, reasonable and feasible, and whether the compensation is fair and just, and publish it within the scope of collection to solicit public opinions. The people's governments at the city and county levels and the house expropriation departments shall fully listen to public opinions, revise and improve the expropriation scheme, and timely feedback to the public and announce the revision.
If more than half of the expropriated people think that the expropriation scheme does not conform to the Regulations on Expropriation and the relevant provisions of the autonomous region, the people's governments at the city and county levels shall organize hearings to further listen to opinions and fully absorb and adopt reasonable opinions and suggestions. Representatives attending the hearing are composed of representatives of the expropriated person and public representatives from all walks of life.
(nine) seriously carry out social stability risk assessment and make a decision on house expropriation according to law.
The people's governments at the city and county levels shall, before making a decision on expropriation, make a risk assessment on the legality, rationality, feasibility and safety of house expropriation in accordance with the Opinions on Social Stability Risk Assessment on Major Matters in the Autonomous Region (Trial), analyze and predict the possible unstable factors, and put forward suggestions on implementation, partial implementation, suspension or non-implementation according to the risk assessment conclusions, so as to prevent and resolve social contradictions from the source.
Housing expropriation involves a large number of people, which shall be discussed and approved by the executive meeting of the government before making a decision on housing expropriation. The standards involving a large number of people shall be determined by the municipal and county people's governments according to local population size, social stability and other factors.
Four, fair compensation for the expropriated person, protect the legitimate rights and interests of the expropriated person.
(ten) to protect the right of the expropriated person to choose the compensation method and evaluation institution.
Housing expropriation compensation adopts monetary compensation or housing property right exchange, which is selected by the expropriated person. Due to the transformation of the old city, the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, and the expropriated person shall provide the houses in the reconstruction area to the expropriated person for priority.
After the scope of house expropriation is determined, the house expropriation department shall, in accordance with the relevant provisions of the autonomous region, issue a tender notice for the entrusted real estate price evaluation of the house expropriation project, and issue an invitation letter to the real estate price evaluation institution with corresponding qualification grade. The house expropriation department shall not illegally set restrictions to exclude potential bidders. When there are more than three real estate price assessment agencies that have signed up for bidding, the housing and urban-rural construction department may select more than three singular assessment agencies by random sampling for the expropriated person to choose through consultation; If the expropriated person fails to negotiate, it shall be determined according to the majority choice; If most people are dissatisfied with the selected appraisal institution, which may affect the smooth development of the appraisal of the value of the expropriated house, the appraisal institution of real estate price shall be determined by random sampling. Branches of real estate price assessment agencies filed by the competent departments of housing and urban and rural construction in the autonomous region must undertake the valuation business in the name of real estate price assessment agencies that set up branches and issue assessment reports.
(eleven) to protect the right to dissent and know about the compensation results of the expropriated person.
Real estate appraisal should adhere to the principles of independence, objectivity and impartiality, and appraisal institutions and appraisers should have no interest in the parties involved in house expropriation. If the parties to the house expropriation have any objection to the evaluation report, the evaluation institution shall explain and explain it; If the parties to the house expropriation apply for review and evaluation of the evaluation report, the evaluation institution shall review the evaluation report in a timely manner and inform the parties to the house expropriation of the review results.
If the parties to the house expropriation apply to the real estate appraisal committee for appraisal in accordance with the relevant provisions of the autonomous region, the appraisal institution shall supplement, adjust and modify the appraisal report according to the appraisal opinions.
The house expropriation department shall, in accordance with the regulations on expropriation, publish the evaluation report, review the evaluation results, the appraisal results of the evaluation report and household compensation.
The appraisal fee of house expropriation evaluation and evaluation report shall be paid by the house expropriation department.
(twelve) to ensure that the expropriated person has priority to obtain affordable housing.
Expropriation of individual housing, the expropriated person meets the relevant provisions of the autonomous region housing security, housing area, family income and other local housing security conditions, and enjoys the right to priority access to affordable housing, no longer waiting in line.
(thirteen) reasonable compensation and resettlement to ensure the living conditions of the expropriated person.
Housing expropriation should be in accordance with the relevant provisions of the state and the autonomous region housing expropriation compensation, reasonably determine the amount of compensation for housing expropriation, in which the compensation value of residential housing shall not be lower than the market price of new ordinary commercial housing in the same lot, and the compensation value of non-residential housing shall not be lower than the real estate market price of similar housing; The compensation for the loss of production and business suspension caused by house expropriation shall be determined through consultation according to the actual use efficiency and the period of production and business suspension before house expropriation. If negotiation fails, the intermediary service agencies with corresponding qualifications shall be entrusted to assess and determine, and the specific measures shall be formulated by the administrative department of housing and urban and rural construction of the autonomous region.
If the house expropriation adopts the compensation method of property right exchange, the house expropriation department shall provide the house with the same nature as the house ownership of the expropriated person for property right exchange. If the expropriated person meets the conditions of affordable housing and agrees to exchange property rights with affordable housing, the house expropriation department shall explain to the expropriated person the restrictions on the transfer period of affordable housing and the distribution of value-added income, which shall be determined by the expropriated person.
Standardize the decision-making procedures for expropriation and compensation, and prohibit violent demolition.
(fourteen) the first compensation, after the relocation, according to the law to make a decision on housing expropriation compensation.
The implementation of house expropriation must be "compensation first, then demolition". After the house expropriation department and the expropriated person reach an agreement on compensation and resettlement, both parties shall fulfill their relevant obligations in time according to the agreement. If the compensation agreement cannot be reached within the signing period determined by the expropriation decision, or the owner of the expropriated house is unknown and cannot sign the compensation agreement, the house expropriation department shall promptly report to the people's government at the city or county level to make a decision on compensation for house expropriation according to law, so as to ensure that the public welfare construction project starts as scheduled.
When the people's government at the city or county level makes a decision on compensation, the compensation fee shall be stored in a special account, and the expropriated person may withdraw it at any time, and the property right exchange house may move in at any time. If the auction house is used as the property right exchange house, the temporary resettlement house has been implemented, and the temporary resettlement fee has been fully stored to meet the needs of temporary resettlement.
After the people's government at the city or county level makes a decision on compensation for house expropriation, it shall deliver it to the expropriated person in time, and the compensation decision shall specify the contents of the expropriation compensation plan, and inform the expropriated person of the right to administrative reconsideration and administrative litigation.
(fifteen) the implementation of civilized expropriation, violent demolition is strictly prohibited.
Housing expropriation departments, housing expropriation implementation units and their staff should patiently and meticulously do a good job in the publicity, explanation, persuasion and coordination of the expropriation decision and the expropriation compensation scheme, promote the understanding and support of the expropriated person on the expropriation decision, and voluntarily sign the expropriation compensation agreement; For those who are unwilling to sign compensation and resettlement agreements, inform the expropriated person to claim their rights through administrative reconsideration, administrative litigation and other legal channels, rationally reflect their demands, and avoid suppressing the masses with simple and rude administrative orders and forcing the expropriated person to sign compensation agreements. The expropriated person who refuses to sign the expropriation compensation agreement shall not be treated unfairly in terms of compensation payment, provision of property exchange houses and resettlement of revolving houses, and shall not take revenge on the expropriated person.
It is forbidden for any unit or individual to force the expropriated person to sign a compensation agreement by means of violence, threat or interruption of water supply, heat supply, gas supply, power supply and road traffic. If the expropriated person is forced to sign a compensation agreement and move by illegal means, the municipal or county people's government, the house expropriation department and the relevant law enforcement departments shall stop it according to law. If the violation of the personal rights and property rights of the expropriated person is suspected of constituting a crime, it shall be transferred to the public security organ for criminal responsibility; If it does not constitute a crime and violates the regulations on public security management, it shall be punished for public security management; If losses are caused, it shall be liable for compensation.
After the house is moved, the construction enterprise with corresponding qualification grade is entrusted to dismantle it. Construction units are prohibited from participating in relocation and house demolition activities.
(sixteen) administrative compulsory demolition is prohibited.
If the expropriated person fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not move within the time limit stipulated in the compensation decision, the people's government at the county level shall not approve the compulsory removal by the municipal or quasi-administrative organ, and apply to the people's court for compulsory execution in accordance with the provisions of the Administrative Procedure Law.
Failure to execute in time may cause irreparable losses to the public interests of the state and society, and may apply to the people's court for prior execution. Where the application is executed first, the corresponding property guarantee shall be provided.
Fifth, do a good job of connecting the old and new policies.
(seventeen) to properly solve the problem of housing expropriation compensation and resettlement on collective land in urban and town planning areas.
Expropriation of houses on collective land does not apply to the Regulations on Expropriation, and compensation shall be given to the attachments on the ground in accordance with the provisions of the Land Management Law. In the "village in city" and the urban-rural fringe, due to historical reasons, the nature of housing land belongs to homestead or collective construction land. If the original rural collective organization cannot readjust the homestead or collective construction land for the expropriated person, it can apply the provisions of the expropriation regulations, compensate according to the houses on the state-owned land in the same lot, and properly arrange the production, life and social security of the expropriated person.
(eighteen) to protect the legitimate rights and interests of employees in public housing units.
Due to the restrictions of the housing reform policy, the public houses where employees live did not participate in the housing reform and did not obtain housing ownership. When a house is expropriated, the residents of the expropriated house shall be properly placed. First, adopt the method of property right exchange, and provide the expropriated person with a property right exchange house that is not lower than the original construction area and living standard, and the expropriated person will resettle the residents to continue living; Second, if the state-owned and collective enterprises fail to set aside all their houses and land use rights from the enterprise assets during bankruptcy, merger and reorganization, the value of the houses to be expropriated shall be assessed according to the real estate market price at the time of house expropriation, and 80% monetary compensation shall be paid to the residents; The third is to include residents who meet the conditions of affordable housing into the scope of housing security and give priority to affordable housing.
(nineteen) in the house expropriation activities, we should do a good job of connecting the old and new laws.
After the promulgation of the Regulations on Expropriation, all localities shall not issue house demolition permits, and the projects that have obtained house demolition permits shall continue to be handled in accordance with the provisions of the original demolition regulations, but the government shall not implement administrative forced demolition; If the demolition permit has expired, the organ that originally issued the demolition permit will not go through the formalities for extension of the demolition permit, and it will be automatically extended until 20111231.The original demolition permit organ shall urge the demolition person to complete the demolition compensation work in time. Before the promulgation of the Regulations on Expropriation, the pre-examination documents of project establishment, planning and construction land have been obtained, but the projects that have not issued the demolition permit are public welfare projects, which shall be implemented in accordance with the housing expropriation procedures; For non-public welfare projects, the compensation and resettlement agreement shall be determined through consultation between the construction unit and the owner of the house. If an agreement is reached, they will move on their own. If the construction unit thinks that the demolition laws and regulations that have obtained the permission of the construction project have undergone major changes, and the demolition compensation and resettlement agreement cannot be reached through self-negotiation, it may not transfer the construction project by itself, but may apply to the relevant departments, terminate the land transfer contract, withdraw the planning permission and other administrative licensing documents, and do not bear corresponding legal responsibilities.
(20) Strengthen real estate supervision and protect citizens' legitimate property rights and personal rights.
The Constitution entrusts governments at all levels with the responsibility to protect citizens' private property according to law. After the implementation of the Regulations on Expropriation, if the construction unit needs the owner of the house to transfer the ownership of the house and the land use right, the real estate management department shall demand the transfer through equal consultation. To take illegal means such as destroying water, electricity, heat and gas supply, blocking traffic, affecting business, creating noise interference, or even intimidating, threatening or violently forcing the owner of the house to sign an agreement on house transfer and relocation, all functional departments should severely investigate and deal with it according to law, and if the case constitutes a crime, it should be transferred to the public security organ. For those who have caused vicious incidents, large-scale mass petitions, collusion between officials and businessmen, and power and money transactions due to ineffective suppression, investigation and law enforcement, the responsibility of the relevant leaders and those directly responsible should be seriously investigated, and if the case constitutes a crime, the criminal responsibility should be seriously investigated.
2011April 20th