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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.
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.
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