Measures for expropriation and compensation of houses on state land in yunnan province
(publication of the yunnan people's government decree no. 195 of 5 january 2015 with effect from 1 march 2015)
Chapter i general provisions
Article 1, in order to regulate the expropriation and compensation of houses on state land, to safeguard the public interest and to safeguard the legitimate rights and interests of the owners of expropriations (hereinafter referred to as expropriate persons), has been developed in line with the state council regulation on the expropriation and compensation of houses on state land, taking into account the actual situation in the province。
Article 2. This scheme applies to the expropriation and compensation of houses on state land in the administrative district of the province。
Article 3 the people's governments above the county level shall strengthen their leadership in the collection and compensation of houses and establish mechanisms for coordinating the collection and compensation of houses on sound state land to address the major problems involved。
Article iv. The people's governments of counties (municipalities and districts) are responsible for the collection and compensation of houses in their administrative regions; the people's governments of the states (municipalities) are responsible for the collection and compensation of houses in major construction projects in their administrative regions or construction projects across administrative regions。
The department for the collection of houses (hereinafter referred to as the department for the collection of houses) established by the people's government of the länder (municipality), county (municipality, district) organizes the collection and compensation of houses in the administrative area。
In accordance with their respective responsibilities, the relevant departments of the people's governments of the states (cities), counties (cities, districts) cooperate with each other in the collection of housing and compensation。
Article 5. The department of housing expropriation may entrust the employer with the specific tasks of expropriation and compensation. The property may not be collected for profit。
Persons engaged in the collection and compensation of houses should have the relevant legal and operational knowledge。
The requisitioning department entrusts the collection unit to carry out the collection, and a trust agreement shall be concluded specifying the terms of reference, authority, duration, funding and other relevant elements。
The expropriation department supervises the expropriation and compensation of houses carried out by the implementing unit within the limits of its delegated authority and is legally responsible for their consequences。
Article 6. The people's governments of the states (cities), counties (cities, districts) and their designated housing collection departments shall develop mechanisms for complaints and reporting, publish telephone calls for complaints and promptly verify the handling of complaints and complaints。
Chapter ii decisions on expropriation
Article 7. The people's governments of the states (cities) and counties (cities and districts) shall make decisions on the expropriation of houses, in accordance with the provisions of article 8 of the regulations on the acquisition and compensation of housing on state land of the state council。
The construction activities for which expropriation is necessary should be in line with the national economic and social development plan, the land use master plan, the urban and rural plan and the special plan. The construction of secure housing projects and the renovation of old urban areas should be included in the annual national economic and social development plan, with an indication of the concentration of precarious housing and poor infrastructure。
Article 8. Subject to the provisions of article 7 of this scheme, the people's governments of the states (municipalities) and counties (municipalities, districts) shall determine and publish the scope of the expropriation on the basis of the plan. The department of housing expropriation shall organize a survey and registration of the ownership, location, use, size of buildings and public opinion within the limits of the expropriation. The requisitioner and other relevant authorities shall cooperate in obtaining material and information during the investigation and registration process。
The results of the investigation should be made available to the person to be collected in a timely manner. If the person against whom the expropriation is made objects to the results of the investigation and provides written information, the department of expropriation shall verify them。
Article 9 the department of housing expropriation draws up a compensation programme for expropriation of houses, based on the results of the survey. The housing expropriation compensation programme should include the following elements:
(i) the purpose of the expropriation
(ii) the department responsible for the expropriation of houses, the unit responsible for their expropriation
(iii) a project approval document that meets the requirements of article 7 of this scheme
(iv) the scope, size and duration of the expropriation
(v) the method of determining the type, purpose, nature and size of the house to be confiscated
(vi) forms of compensation for the expropriation of houses
(vii) the conditions and criteria for the collection of subsidies or incentives
(viii) place, type and method of selection for transfer of property
(ix) the method chosen by the housing assessment body
(x) the duration, modalities and duration of the relocation
(xi) other matters requiring clarification。
The people's governments of the länder (municipalities), counties (municipalities, districts) are responsible for organizing the validation of the compensation collection programme and for consulting the public publicly. The deadline for obtaining an opinion must not be less than 30 days. Comments and changes based on public opinion should be made public in a timely manner。
Article 11 in cases where an old urban area is subject to an appropriation, the building collection department shall seek the will of the person to be converted and may, with the consent of more than 90 per cent of the person to be retrofitted, initiate the conversion of the old urban area。
Because of the need to retrofit old urban areas to collect houses, most expropriate persons are of the opinion that the compensation scheme is not in accordance with this scheme. The people's governments of the states (cities) and counties (cities and districts) shall organize hearings with the participation of the requisitionees and the public to modify the compensation scheme and make it public on the basis of the hearing。
Article 12. The people's governments of the states (cities), counties (cities, districts) shall organize a social stability risk assessment prior to making a decision on the expropriation of houses。
Social stabilization risk assessments can be carried out through questionnaires, opinion polls, seminars, validation sessions, etc. Social stabilization risk assessments should include such elements as the legality, reasonableness, feasibility, safety assessment and risk mitigation measures, emergency disposal plans, etc。
The people's governments of the länder (municipality), länder (municipality, district) shall, in accordance with the level of social stability risk assessment, make decisions that may be implemented, suspended or not to implement the expropriation。
No decision on the expropriation of a house can be taken without a social stability risk assessment。
Article 13 the levying of compensation costs includes funds for monetary compensation and houses for transfer of title. Before the people's governments of the states (municipalities), counties (municipalities, districts) make decisions on the expropriation of houses, the funds for monetary compensation shall be fully available, earmarked, and earmarked; the houses used for the transfer of property shall be delivered in accordance with national quality safety standards and the requirements for the completion of housing in the province, with clear property rights and no dispute over interests。
Article 14. The decision of the people's governments of the states (cities), counties (cities, districts) to expropriate the house in accordance with the procedure laid down in this scheme shall include the following:
(i) the scope of the expropriation
(ii) the owner of the house, the department responsible for the house collection, the unit responsible for the house collection and the telephone number for the consultation
(iii) time of occupancy
(iv) the duration of the signing of the compensation agreement
(v) in cases where houses have been confiscated in accordance with the law, the right of the state to use the land is also taken back
(vi) complaints, reporting, supervision and telephone
(vii) other matters requiring clarification。
The decision to expropriate the house should be announced in a timely manner within the limits of the expropriation. The bulletin shall set forth the right and the duration of compensation schemes and administrative review or administrative proceedings for the expropriation of houses。
Article 15 if the expropriation of a house is necessary for the conversion of the old urban area, after the announcement of the decision to expropriate the dwelling, the department of expropriation shall enter into a compensation agreement with the person subject to the expropriation under the compensation scheme with conditions in effect. Compensation agreements are in force for those who have signed more than 80 per cent of the contract period; decisions on expropriation are suspended for those who have not signed 80 per cent of the contract period。
Chapter iii
Article 16 the value of the house that has been confiscated, including the value of the state land tenure rights in the area of the house that has been confiscated and its occupation, and the value of the decorative renovation of the house. The value of the confiscated house is determined by the real estate price assessment agency, which has the appropriate qualifications, in accordance with the national and provincial housing appropriation assessment methods, which are evaluated at the date of the announcement of the decision on the expropriation。
The assessment of the value of the occupied house should take into account such factors as the size of the occupied house, its use, the structure of the building, the number of years of use, the size of the building and its area, the nature of the land and the number of years of use。
The costs of moving, such as equipment and equipment, materials, etc., are charged for the interior decoration of the house, which are determined by mutual agreement between the parties concerned; if this is not possible, it may be assessed。
The compensation for the value of the house is not less than the market price of the property in respect of which it was seized on the date of the announcement of the decision on the expropriation。
Article 17 the body to evaluate real estate prices is chosen by consultation of the person to whom the expropriation is made; if this is not possible, the person to whom the expropriation is to be made may vote on the basis of a majority vote of the minority or may be determined by the department to which the expropriation is to be made or by the person to whom the expropriation is to be made by random means, such as a roll-call or drawing of lots. The housing department shall announce the establishment of a real estate price assessment body and enter into a commissioning contract with the real estate price assessment body。
The real estate price assessment agency shall provide the housing collection department with a preliminary assessment of the results of the branching, as agreed in the commissioning contract。
Article 18 the department of expropriation shall, within the limits of the expropriation, publicize the preliminary assessment of the division to the person to be collected for a period of not less than five days. If the person against whom the expropriation is made objects to the initial results of the branch assessment, the real estate price assessment body shall make a statement; if there is an error, it shall be amended。
Upon expiry of the period of publicity, the real estate price assessment agency shall provide the department of expropriation with an overall assessment of the properties seized within the framework of the commissioning assessment, as well as a subdivision assessment report. The department responsible for the expropriation of houses shall deliver the branch assessment report to the requisitionee in a timely manner。
Article 19 if the person subject to the expropriation or the department of the expropriation objects to the results of the assessment, it may apply to the real estate price assessment agency for a review within 10 days from the date of receipt of the assessment report, which shall be carried out by the real estate price assessment agency in a timely manner. No fee shall be charged for the review。
In the event that the person to whom the expropriation is made or the department of the expropriation objects to the results of the review, an application for accreditation should be submitted to the commission of real estate assessment experts。
Article 20: the costs of assessment and identification of the house are borne by the client or the applicant. However, the validation of the results of the original evaluation was undertaken by the former real estate price assessment agency。
The criteria for the assessment and validation of the cost of housing will be established by the provincial price authorities in conjunction with the provincial housing administration for urban and rural construction。
Article 21. The right to use the dwelling shall be guaranteed in the form of compensation for the transfer of property, if the dwelling is confiscated as unit property and the lessee has not been released from the lease relationship with the person to whom it was charged。
Expropriated houses are under the direct administration of the government, and the lessee may continue to rent the property and change the house. The public housing administration shall, as a matter of priority, re-contract the rental of the dwelling with the tenants who meet the public rental requirements。
Article 22: if a person is charged with a home and the person is eligible for housing security, the department of housing collection may assist the person subject to expropriation to apply to the housing security administration for a single source of housing, or by the person to whom the expropriation is made; the people's governments of the länder (municipality), counties (municipality, district) shall issue an announcement of the decision on the expropriation of housing, together with information on local housing security conditions, housing sources, application modalities, etc., and those eligible for housing security shall be given priority。
Article 23: the department responsible for the expropriation of a dwelling shall enter into compensation agreements with the person to whom the expropriation is made, in accordance with the provisions of this scheme, with respect to the manner of compensation, the amount of compensation and the period of payment, the place and area used for the transfer of property, the cost of relocation, compensation for temporary relocation, incentives, subsidies or swing space, the loss of work, the duration of the relocation, the transitional manner and the period of transition。
Article 24: if the department of expropriation does not pay for the transfer of property in accordance with the terms agreed upon in the compensation agreement, the transitional period is extended from the overdue date until three months after the delivery of the transfer of property, the temporary settlement fee is paid to the person to whom the transfer was made, twice the rate agreed。
Article 25 compensation for the loss of cessation of work due to expropriation of non-residential houses is determined by mutual agreement between the requisitioning parties; if this is not possible, the assessment may be entrusted to the competent body。
Cut-off losses are the direct benefits of the shutdown resulting from the expropriation of houses. Compensation for the loss of the shutdown is determined on the basis of factors such as the benefits before the expropriation and the duration of the shutdown。
Article 26. Benefits prior to expropriation are calculated on the basis of the average of three years prior to the decision to expropriate the house; if less than three years, they are calculated on the basis of the actual number of years. The calculation of average benefits should be based on accounting and other relevant information, taking into account the tax situation。
The period of compensation for the loss from the shutdown is no less than three months for commercial and service industries and no less than six months for industrial production. The people's governments of the states (cities), counties (cities, districts) can be determined on the basis of specific projects for the expropriation of local houses。
Article 27 quantified houses that are compensated for the loss of work are subject to the following conditions:
(i) have a certificate of land, home ownership or a legal building determined by law by the competent authorities of the state (municipality), county (municipality, district) people's government organization
(ii) the operator shall possess a legitimate and valid business licence, tax registration certificate。
If the person who has been charged has changed the dwelling to an operational one, the claim is not compensated for the loss of work。
Article 28. After the people's governments of the states (cities) and counties (cities and districts) compensate the person who has been collected, the person who has been collected shall complete his or her relocation within the time limit agreed upon in the compensation agreement or determined by the compensation decision。
No unit or individual shall use deception, violence, threats or breaches of regulations to interrupt water supply, heating, gas, electricity and road traffic, as well as to force the requisitioner to enter into compensation agreements and move without pay, suspension, release, demotion or dismissal。
Article 29: if the department of expropriation and the person subject to expropriation cannot reach a compensation agreement within the period of the contract established by the expropriation compensation programme, or if the owner of the expropriation is not clear, the people's government, which makes the decision on expropriation, shall, in accordance with this scheme, make a decision on compensation under the expropriation compensation programme and shall announce it within the limits of the expropriation, which shall not be less than 30 days。
The people's government, which decides on the expropriation of the house, shall apply to the people's court for enforcement in accordance with the law, if the person concerned does not apply for administrative review within the legal period or does not initiate administrative proceedings and does not move within the period specified in the compensation decision。
The people's government and the relevant authorities shall assist the people's courts, in accordance with the law, in carrying out the relevant work, if the expropriation is indeed subject to enforcement by the people's courts。
Chapter iv oversight guidance
Article 30 higher people's governments shall strengthen supervision of the expropriation and compensation of houses of lower people's governments。
The provincial housing and urban construction administration, in conjunction with the financial, territorial resources, development reform and audit authorities, should strengthen its guidance on compensation for the expropriation of houses, promote the development of information on the expropriation of houses, and improve the information statistics and disclosure system for the collection of housing。
The people's governments of the länder (municipality), länder (municipality, district) shall publish decisions on house expropriation on the public website of the local people's government information in a timely manner。
Article 31 the administrative authority for housing construction in urban and rural areas of the province shall establish a credit system for real estate price assessment bodies, which shall regularly publish to the community an alternative list of institutions engaged in real estate price evaluation, taking into account the level of qualifications, combined strength, regulatory records, social credibility, etc。
