"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.