State-owned land on the housing levy and Compensation Ordinance (draft) (4)

State-owned land on the housing levy and Compensation Ordinance (draft) (4)

IV LIABILITY

34th violates these regulations, local people's governments above the county level, one of the following acts by the higher people's government shall order correction, criticism; result in losses, according to law liability; right directly in charge and other directly responsible shall be given punishment:

(A) Non-interest need to be imposed for public housing;

(B) breach of statutory procedures for housing levy to decide;

(C) the failure to charge the Housing decided to notice or announcement of the time does not meet the statutory requirements;

(Iv) compensation package for non-compliance to be approved;

(E) the compensation decisions made by the compensation scheme in violation;

(Vi) breach of statutory conditions of forced relocation.

35th violates the provisions of this Ordinance, the Housing department has levied one of the following acts by the people's governments shall order corrective action, notification criticism; result in losses, according to law liability; right directly in charge and other directly responsible personnel, constitute a crime shall be investigated for criminal liability; not constitute a crime shall be given punishment:

(A) does not impose decisions in accordance with Housing to determine the scope of the implementation of the housing levy imposed;

(B) implementing a mandatory relocation not be imposed in accordance with the provisions of human be thoroughly monetary compensation or the provision of housing property right exchange, turnover houses;

(C) To take interrupted water supply, heating, gas, electricity, etc. to implement the relocation;

(4) No compensation has decided to implement a mandatory relocation, or to compensate for the decision though but did not follow the statutory mandatory relocation;

(E) Failure to pay the relocation subsidy, temporary resettlement fees.

36th violates the provisions of this Ordinance, the Housing Department and the commission to impose a charge compensation and relocation of units to violence, coercion and other illegal means to implement the relocation, the directly responsible persons in charge and other directly responsible personnel, constitutes a crime be held criminally responsible; not constitute a crime shall be given punishment.

37th in violation of regulations, corruption, embezzlement, embezzle, retain, arrears, withheld, misappropriated compensation expenses, and ordered restitution, to the responsible units of criticism, given a warning; right directly in charge and other directly responsibility for personnel, constitute a crime shall be prosecuted for criminal liability; not constitute a crime shall be given punishment.

38th violates the provisions of this Ordinance, the Housing department has levied one of the following acts, by the people's governments shall be ordered within a time limit; right directly in charge and other directly responsible persons shall be given punishment:

(A) the scope of housing levy notice, the failure to notify the relevant departments of the matter in writing to suspend handling relevant procedures;

(B) Failure to provide the price of real estate evaluation institutions charged housing survey results;

(C) Failure to develop the compensation package based on the findings and to solicit the views of the expropriation.

39th violates these regulations, real estate appraisal institutions or real estate appraiser providing false or there is a significant error in the valuation report, by the issuing authority shall order within a time limit and give a warning; the circumstances are serious, revoked qualification certificate, registration certificate; constitutes a crime, they shall be held criminally responsible.

State-owned land on the housing levy and Compensation Ordinance (draft) (4)

State-owned land on the housing levy and Compensation Ordinance (draft) (4)

IV LIABILITY

34th violates these regulations, local people's governments above the county level, one of the following acts by the higher people's government shall order correction, criticism; result in losses, according to law liability; right directly in charge and other directly responsible shall be given punishment:

(A) Non-interest need to be imposed for public housing;

(B) breach of statutory procedures for housing levy to decide;

(C) the failure to charge the Housing decided to notice or announcement of the time does not meet the statutory requirements;

(Iv) compensation package for non-compliance to be approved;

(E) the compensation decisions made by the compensation scheme in violation;

(Vi) breach of statutory conditions of forced relocation.

35th violates the provisions of this Ordinance, the Housing department has levied one of the following acts by the people's governments shall order corrective action, notification criticism; result in losses, according to law liability; right directly in charge and other directly responsible personnel, constitute a crime shall be investigated for criminal liability; not constitute a crime shall be given punishment:

(A) does not impose decisions in accordance with Housing to determine the scope of the implementation of the housing levy imposed;

(B) implementing a mandatory relocation not be imposed in accordance with the provisions of human be thoroughly monetary compensation or the provision of housing property right exchange, turnover houses;

(C) To take interrupted water supply, heating, gas, electricity, etc. to implement the relocation;

(4) No compensation has decided to implement a mandatory relocation, or to compensate for the decision though but did not follow the statutory mandatory relocation;

(E) Failure to pay the relocation subsidy, temporary resettlement fees.

36th violates the provisions of this Ordinance, the Housing Department and the commission to impose a charge compensation and relocation of units to violence, coercion and other illegal means to implement the relocation, the directly responsible persons in charge and other directly responsible personnel, constitutes a crime be held criminally responsible; not constitute a crime shall be given punishment.

37th in violation of regulations, corruption, embezzlement, embezzle, retain, arrears, withheld, misappropriated compensation expenses, and ordered restitution, to the responsible units of criticism, given a warning; right directly in charge and other directly responsibility for personnel, constitute a crime shall be prosecuted for criminal liability; not constitute a crime shall be given punishment.

38th violates the provisions of this Ordinance, the Housing department has levied one of the following acts, by the people's governments shall be ordered within a time limit; right directly in charge and other directly responsible persons shall be given punishment:

(A) the scope of housing levy notice, the failure to notify the relevant departments of the matter in writing to suspend handling relevant procedures;

(B) Failure to provide the price of real estate evaluation institutions charged housing survey results;

(C) Failure to develop the compensation package based on the findings and to solicit the views of the expropriation.

39th violates these regulations, real estate appraisal institutions or real estate appraiser providing false or there is a significant error in the valuation report, by the issuing authority shall order within a time limit and give a warning; the circumstances are serious, revoked qualification certificate, registration certificate; constitutes a crime, they shall be held criminally responsible.

State-owned land on the housing levy and Compensation Ordinance (draft) (3)

State-owned land on the housing levy and Compensation Ordinance (draft) (3)

Chapter III COMPENSATION

18th amended to impose a decision housing local people's governments above the county level shall be in accordance with the provisions of this Ordinance of compensation for expropriation.

19th of monetary compensation can be implemented method of compensation, may also implement a property rights exchange, or carrying out monetary compensation and property rights exchange in the form of a combination.

Inhabitable houses need to be imposed because of the housing and make housing construction, have been charged to move back to the right of people to enjoy.

In addition to the provisions of Article 29th of this Ordinance has been imposed can choose remedy.

Diershitiao the amount of monetary compensation, according to expropriation of housing location, use, building structure, recency, construction area and other factors in order to assess the real estate market to determine prices.

Expropriation of the real estate market assessment of housing prices by the real estate prices with the appropriate qualifications assessment body, in accordance with the relevant provisions of the real estate valuation norms and determined, but not less than the effective date of the decision housing levy similar to the real estate market transaction price.

Real estate appraisal agencies, has been charged by the person voting, ballot, etc. OK.

Article XXI price of real estate evaluation institutions should be independent, objective and fair manner have been collected to determine the real estate market assessment of housing prices, the valuation report issued by the legitimacy of, the real responsibility and rationality.

Housing departments should impose price of real estate evaluation institutions to provide the first paragraph of this Ordinance, the provisions of Article 24th of the findings.

Any unit or individual shall not interfere in compensation values.

22nd preference for property rights exchange, it should be in accordance with the provisions of this Ordinance Diershitiao calculate the expropriation of property rights exchange house prices and housing prices, property rights exchange to settle the difference.

Property swap housing should meet the national quality and safety standards.

23rd levied for housing within the scope of the illegal buildings and above the permitted duration of the temporary building, without compensation, and removal in accordance with law; right does not exceed the limit approved by the temporary buildings, should be given appropriate compensation.

24th of the Housing department shall charge levied on the housing within the housing ownership, location, use, construction area, as well as leasing and usufructuary right, and so on investigation and registration organizations, has been charged shall be required. Investigators and has been assessed on the survey results shall be recognized.Findings should be published to all who have been charged.

Housing department shall charge in accordance with the provisions of this Ordinance, based on survey results, the real estate market assessment, pricing, development of compensation programs, and to solicit the views of the expropriation.

Housing collection department in accordance with the views of the expropriation, to revise and improve the compensation package to be reported to impose a decision to make housing local people's governments above the county level shall be announced after approval. Notice shall set forth the method of compensation and the availability as well as signing period, the relocation of the transitional mode, the transitional period and so on.

Inhabitable houses need to be imposed because of the housing, the compensation package in the newspaper prior permission of local people's governments above the county level should also be imposed for more than two-thirds consent of the consent.

25th of the Housing department shall impose the approved compensation package in accordance with the person who has been charged method of compensation, the amount of compensation, property rights, the location and size of exchange houses, relocation period, the relocation of the transitional period of the transition mode and matters such as compensation agreement entered into; Among them, inhabitable houses the compensation agreement, at the signing period Qian Yueshuai more than two-thirds, to take effect.

Housing sector should be levied compensation agreements were announced to all be imposed.

Compensation agreements entered into after the party to compensation for non-compliance with the agreement, the other party may sue the people's court according to law.

26th of imposition of a personal residence to make housing decisions levied local people's governments above the county level, it should be the way for the selection of monetary compensation has been assessed to provide adequate availability.

27th of imposition of a personal residence, families of those who have been charged in line with low-cost housing security object or object conditions, the supply of affordable housing, and to make housing decisions levied local people's governments above the county level shall provide low-cost housing security or economic housing.Specific measures to the provinces, autonomous regions and municipalities to develop.

28th collection of housing sector and has been assessed in compensation within the time limit stipulated in the program failed to reach a compensation agreement signed, or the expropriation of home ownership do not clear, and report by the Housing Department to the Housing levy collected above the county level local people decide Government under the compensation scheme to compensate for the decision.

Be imposed as well as determining the Housing levied satisfied with the decision of the interested persons for compensation, it may apply for administrative reconsideration according to law, you can also bring an administrative lawsuit according to law, the people's court; in the administrative reconsideration, administrative litigation during the period of compensation did not stop the implementation of decisions; Late does not apply for administrative reconsideration is not filed an administrative lawsuit to the people's court, not performed by the Housing Authority to make a decision imposed a mandatory relocation of local people's governments above the county level, or the people's court for compulsory relocation in accordance with law. Compensation for reconsideration organs, or the people's court decision was recognized as illegal, to make compensation decisions houses local people's governments above the county level who should be compensation for the loss of levy and bear the other corresponding legal responsibility.

Compulsory relocation, housing and compensation for collection department shall in accordance with the decision that the person be thoroughly monetary compensation for expropriation of property rights exchange or the provision of housing, working space.

29th collection of rental housing has been imposed between man and housing to lift the lease the lessee, the right of compensation for expropriation; the lease is not lifted, the right of people to carry out its expropriation of property rights exchange. Property swap houses the original housing tenant lease.

30th collection department of housing shall be imposed on the relocation of people or housing subsidy payment by the lessee.

Select property rights exchange method of compensation for expropriation of people make their own arrangements during the transitional period of residence, the Housing Department should be levied to pay the temporary resettlement subsidy; the use of housing space charge sector of the turnover, the Housing Department will not impose fees to pay the temporary resettlement subsidy .

The housing sector is not levied in accordance with an agreement to provide compensation for property rights exchange houses and the extension of the transition period, for their own arrangements for accommodation of people have been charged, the Housing department shall impose overdue increase in the months since the temporary resettlement subsidy; the use of space for working people, It should be dated from the late date of payment of the temporary resettlement subsidy.

Relocation subsidy and temporary resettlement subsidy standards, the provisions of local people's governments above the county level.

第三十一条due to charge non-residential housing caused by shutdown, closure should be given appropriate compensation.

32nd Department of Housing commissioned levy imposed compensation and relocation of units engaged in specific work, it should be entrusted to strengthen supervision by the units, and its implementation of the behavior of the collection of compensation and relocation bear the corresponding legal responsibility.

Housing units commissioned by charging departments and to refrain from interruption of water supply, heating, gas, electricity, etc. to implement the relocation.

No unit or individual shall not be through violence, coercion and other illegal means to implement the relocation.

33rd Any unit or individual shall not be corruption, embezzlement, embezzle, retain, arrears, withheld, misappropriated compensation and other expenses.

State-owned land on the housing levy and Compensation Ordinance (draft) (2)

State-owned land on the housing levy and Compensation Ordinance (draft) (2)

Chapter II collection procedures

Article VIII in the public interest needs of local people's governments above the county level housing levy, it should be in accordance with the provisions of this Ordinance to make housing decisions levied.

Article IX of local people's governments above the county level housing levy before a decision is made, it should be the reform of organizational development, urban and rural planning, land resources, environmental protection, heritage conservation, and construction departments, the purpose of levy on housing, housing tax, the implementation time and so on to demonstrate it.

Article Local people's governments above the county level departments in the organization argued, the levy should be the purpose of housing, housing tax, the implementation time to be such matters as notice and to take verification meetings, hearings or other means to seek expropriation of people, the public and experts views. Notice not less than 30 days; however, impose a wider range of housing, notice is not less than 60 days.

Notice of matters involving state secrets, should comply with the relevant privacy laws and administrative regulations.

Local people's governments above the county level shall be imposed on persons, public and expert opinions of the adoption of case situations and the reasons for not adopting the timely publication.

The scope of Article XI Housing levied after the announcement, the housing shall not be levied within the framework of the following activities:

(A) new, expanded or rebuilt houses;

(B) the change in housing and land use;

(C) moving account, or spilled.

Housing collection department in writing the items listed in the preceding paragraph shall notify the relevant departments to suspend handling relevant procedures. To suspend the relevant procedures for handling written notice shall set forth the period of suspension. Suspension period should not exceed 1 year.

12th person has been assessed, as amended, to seek public and expert opinion, no significant controversy, and by the local people's governments above the county level to make housing levied decision; there are serious disputes, and by the local people's governments above the county level people's government ruled before making a housing decision levied.

Collection of housing, it should be recalled in accordance with the state-owned land use right.

Article XIII of the need to be imposed due to inhabitable houses for housing development, local people's governments above the county level shall organize departments concerned to argue, based on the expropriation to seek a second opinion. More than 90% of people agreed to be imposed inhabitable houses, the local people's governments above the county level before making housing levy decisions; does not meet the 90 percent who agreed to be imposed shall not be levied to make housing decisions.

Local people's governments above the county level shall seek the views of timely publication.

Article XIV of the local people's governments above the county level shall decide to impose housing announcement. Notice shall set forth the purpose of housing levy and housing tax, the implementation time and administrative reconsideration, administrative litigation rights and so on.

Local people's governments above the county level and the housing department shall charge levied on housing decisions in a timely manner publicity, explanation.

Article XV has been assessed as well as determining the Housing levied interested local people's governments above the county level imposed satisfied with the decision made by the housing, it may apply for administrative reconsideration according to law, you can also bring an administrative lawsuit according to law, the people's court.

Article XVI charge related to national defense facilities, housing, heritage, historic buildings, sites for religious activities shall comply with the relevant laws and regulations.

Collection with the housing mortgage, it should be to protect the legitimate rights and interests of the mortgage.

17th of the Housing department shall establish and improve a housing levy collection file management system, strengthening of the housing levy archives management.

"State-owned land, housing and compensation levy Ordinance (draft)"

"State-owned land, housing and compensation levy Ordinance (draft)"

PRC Beijing January 29 Xinhua, "the state-owned land, housing and compensation levy Ordinance (draft)" on the 29th to formally invite views of the community. Legislative Affairs Office of the State Council published on its website draft in its entirety. A total of 41 draft five chapters, respectively, the scope of application, collection procedures, collection of compensation, with regard to the public interest by reason of the relocation and other issues need to implement to be a clearly defined.

Reads as follows:

Legislative Affairs Office of the State Council on the disclosure of "state-owned land, housing and compensation levy Ordinance (draft)" a notice for public comment

In order to further enhance the regulatory review of quality of work, now "state-owned land, housing and compensation levy Ordinance (draft)" (hereinafter referred to as draft) published the full text to solicit views of the community, and the notice of the following:

First, the main contents of draft

October 1, 2007 effective as of the "PRC Property Law" stipulates: "To the public interest, in accordance with the law of the powers and procedures of collective-owned land may be levied and units, individual housing and other real estate." 2007 August 30th, 29th Meeting of the Tenth National People's Congress considered and adopted the "National People's Congress Standing Committee on the Amendments to" The People's Republic of China Urban Real Estate Administration Law "decision" to authorize the imposition of the State Council, state-owned land on the units or individuals to develop housing and relocation compensation administrative regulations. Accordingly, we urban and rural areas in conjunction with Ministry of Housing to seek opinions from all sides at a number of the basis, after repeated study, modify, forming a draft. The main draft include:

(A) The scope of application.

In accordance with "Property Law" provisions of the draft Basic Law stipulates that the needs of the public interest, to state-owned land on the flats, individual houses, as well as the implementation of levy has been imposed on the owner of housing compensation, the application of this Ordinance, as well as the "public interest needs "were defined.

(B) The collection procedures.

First, the Government imposed housing before a decision is made, it should be the organization argued that the matter shall be notice for the expropriation of people, the public and expert advice, and timely publication of the adoption of the views of the situation does not accept the situation and the reasons.

The second is to seek be imposed by the people, the public and expert opinion, no significant controversy, the Government made housing levy decisions; there are serious disputes,报请上一级ruling People's Government to make housing decisions levied.

Third, housing levy decision should be announced.

Fourth, accept the decision imposed on the housing may apply for administrative reconsideration, it may institute administrative proceedings.

5 because of inhabitable houses need to be imposed for housing development, subject to prior public consultation carried out by more than 90% be imposed on the consent of the government before making the decision housing levy.

(C) regarding the levy of compensation.

One way to compensate for monetary compensation can be implemented, may also implement a property rights exchange, or carrying out monetary compensation and property rights exchange in the form of a combination. Expropriation can choose remedy.

Second, the amount of monetary compensation by the price of real estate evaluation institutions to assess the real estate market to determine prices, but not less than the effective date of the decision housing levy similar to the real estate market transaction price. Real estate appraisal agencies, have been charged by the person to vote, or other means determined by drawing lots.

Third, housing levy responsible for the organization to conduct surveys on the housing register have been charged to develop compensation programs and to solicit people's views have been collected, revised perfect, reported that the relevant government approval notices; them inhabitable houses compensation package, pre-approval should also be consent of two-thirds consent of the person being charged.

Fourth, housing departments in accordance with the compensation package charge being levied to enter into compensation agreements; of these inhabitable houses the compensation agreement, at the signing period Qian Yueshuai more than two-thirds, to take effect.

5 is a compensation agreements entered into after the party to compensation for non-compliance with the agreement, the other party may sue the people's court according to law.

6 is that the Government should levy be imposed on residences to provide adequate availability in line with housing security conditions, shall be provided to protect housing.

(Iv) by reason of public interest, the need to implement the demolition.

Not due to the public interest, the need to implement the demolition, it should be in line with urban and rural planning, land-use planning, and to handle the examination and approval formalities according to law, prepared by the construction unit specific implementation plan to be levied by the Housing Department's approval, in accordance with the voluntary and fair approach in setting the demolition compensation agreements. Construction units, the unit entrusted with the implementation of the demolition shall not take uninterrupted water supply, heating, gas, electricity, etc., or by violence, coercion and other illegal means to the implementation of the demolition.

Second, the way to express their views, duration

The relevant units and people in the February 12, 2010, through the following three ways to express their views:

(A) visit "The Chinese Government Legal Information Network" (Address: http://www.chinalaw.gov.cn), through the web site home page on the left of the "opinion on the draft laws and regulations collection system," comments on the draft.

(B) The views in correspondence sent to: Box 1750, Beijing (Zip Code: 100017), and in the envelope marked "state-owned land, housing and compensation regulations imposed comments" word.

(3) by e-mail be sent to: fwzs@chinalaw.gov.cn.

Of the State Council Legislative Affairs Office

2? One? Years, January 29

State-owned land on the housing levy and Compensation Bill

(Exposure Draft)

Chapter I General Provisions

The first order to standardize the collection of state-owned land, housing and compensation activities and safeguard public interests, safeguard the legitimate rights and interests of people charged under the "Property Law" and the "National People's Congress Standing Committee on the Amendments to" The People's Republic of China Urban Real Estate Administration Law "of the decision "regulations are formulated.

The second, in the public interests, the state-owned land units and individuals to implement the housing levy and the house owners have been imposed (hereinafter referred to be imposed on people) compensation, the application of this Ordinance.

Article III of this Ordinance referred to the public interest, including:

(A) the needs of national defense facilities;

(B) The major support and incorporated into the planning of energy, transportation, water conservancy and other public utilities needs;

(C) The State Key support and incorporated into the planning of science and technology, education, culture, health, sports, environmental and resource protection, conservation, social welfare, municipal utilities and other public utilities needs;

(D) To improve the living conditions of low-income housing needy families, organized and implemented by the government low-rent housing, affordable housing and other construction needs;

(E) To improve urban living conditions, organized and implemented by the Government of the inhabitable houses needs;

(Vi) state organ-building needs for office space;

(Vii) legal, administrative regulations and the State Council and other public interests.

Article IV housing levy and compensation should follow the decision-making of democracy, procedural due process, compensation equity, the results made public principles.

Article V of local people's governments above the county level responsible for the administrative region's housing levy and compensation for the work.

Local people's governments above the county level under the housing sector specific organize the implementation of housing levy collection and compensation work.

Local people's governments above the county level shall be in accordance with the provisions of this Ordinance and the people's government under the division of responsibility, co-ordinated to ensure the housing levy and compensation of work carried out smoothly.

Article VI of the higher people's governments shall strengthen the people's governments at lower levels the work of the Housing Authority levy and compensation.

The building of the State Council department in charge of provinces, autonomous regions and municipalities should be in conjunction with the building department in charge of finance, land and natural resources and other relevant departments to strengthen the implementation of housing levy and compensation guidance.

Article VII Any organization or individual acts of violation of the provisions of this Ordinance, the right to the people's government, housing and collection departments and other departments to report. Upon receiving the report of the people's government, housing collection departments and other departments should be promptly reported to the verification, processing, and processing the results to inform the informers.