20 19 Suzhou housing demolition management regulations and demolition compensation standards (full text)

Notice of Suzhou Municipal People's Government on Printing and Distributing Measures for Compensation and Resettlement of House Demolition on Collectively Owned Land in Suzhou City

County, District People's governments, municipal government departments and directly affiliated units:

The Measures of Suzhou Municipality on Compensation and Resettlement for House Demolition by Expropriating Collectively Owned Land have been adopted at the 12 executive meeting of the Municipal People's Government on September 24, 2065438, and are hereby printed and distributed to you, please follow them.

Suzhou municipal government

2065438+September 27, 2003

Measures of Suzhou Municipality on Compensation and Resettlement for House Demolition by Expropriating Collectively Owned Land

Chapter I General Principles

Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Anhui Province and other relevant laws, regulations and rules in order to standardize the compensation and resettlement for house demolition on collective land, safeguard the legitimate rights and interests of the parties involved in demolition and ensure the smooth implementation of construction projects.

Article 2 These Measures shall apply to the demolition of houses and their ancillary facilities due to the expropriation of collectively owned land in the urban planning area of this Municipality, and compensation and resettlement for the owners of houses.

Article 3 The compensation and resettlement for house demolition on collectively owned land shall follow the principle of "standardizing demolition according to law and reasonable compensation and resettlement", which is in line with the overall land use planning and urban and rural planning, and is conducive to saving intensive land.

Article 4 The Municipal Bureau of Land and Resources shall be responsible for the organization, coordination, management and supervision of the compensation and resettlement of collectively owned land and houses in this Municipality.

The Municipal People's Government, the Municipal Economic and Technological Development Zone, Suzhou Maanshan Modern Industrial Park, the Municipal High-tech Industrial Development Zone, and the Shoes City Management Committee of the Municipal Economic and Technological Development Zone (hereinafter referred to as the Management Committee of each park) are specifically responsible for the compensation and resettlement of collectively owned land and houses in their respective jurisdictions.

Supervision, finance, housing construction, planning, housing management, human society, development and reform, civil affairs, public security, industry and commerce, national tax, local tax and other departments should cooperate with each other in accordance with the division of responsibilities to ensure the smooth progress of housing demolition compensation and resettlement.

Article 5 The term "dismantlers" as mentioned in these Measures refers to the people's governments of municipal districts and the administrative committees of various parks.

The term "demolition implementation agency" as mentioned in these Measures refers to the department that organizes and implements the compensation and resettlement for house demolition of collectively owned land as determined by the Municipal People's Government and the administrative committees of various parks.

The term "demolished person" as mentioned in these Measures refers to the owner of the demolished house and its ancillary facilities.

Sixth demolition implementation agencies can entrust street offices, township (town) people's government and other non-operating units to implement the specific work of housing demolition compensation and resettlement.

The demolition implementation agency is responsible for supervising the compensation and resettlement for house demolition implemented by the entrusted unit, and shall bear legal responsibility for the consequences of its actions.

Seventh people were taken to ensure the basic living in accordance with the relevant provisions of the municipal government.

Chapter II Demolition Management

Article 8 Before the expropriation of collective land is submitted for approval in accordance with the law, the demolisher shall issue a notice of land requisition, informing rural collective economic organizations and farmers of the purpose, place, compensation standards and resettlement methods of land requisition.

Article 9 After the announcement of land requisition is issued, the demolition implementation agency shall, jointly with the township (town) people's government, neighborhood offices and village (neighborhood) committees, organize an investigation on the status of members of rural collective economic organizations, the ownership, area and housing use of homesteads and houses within the scope of land requisition. The survey results shall be confirmed by rural collective economic organizations, land contractual management rights holders, homestead use rights holders and housing owners, and published within the scope of land acquisition.

Tenth "land acquisition notice" issued, the relevant departments shall not handle the following matters within the scope of demolition:

(a) the new batch of homestead and other construction land;

(2) Procedures for the change of house and land use;

(three) the transfer procedures of housing ownership and the right to use the homestead;

(four) to approve the construction, renovation and expansion of houses;

(five) accounts or households, except for marriage, childbirth, soldiers returning home or college graduates;

(6) Issuing business licenses for industry and commerce and handling tax registration;

(seven) other acts that improperly increase the compensation and resettlement expenses.

Demolition implementation agencies shall notify the public security, planning, land resources, housing construction, industry and commerce, national tax, local tax, housing management, quality supervision and other relevant departments to suspend the relevant procedures for the matters listed in the preceding paragraph.

Demolition and unauthorized handling of matters listed in this article shall not be recognized and compensated.

Eleventh collective land acquisition plan approved according to law, the demolition should be timely in the township (town) and village where the land is expropriated land announcement. The announcement of land acquisition shall include the approval of the land acquisition authority, the approval number, the scope and area of expropriation, the compensation standard for land acquisition, the compensation and resettlement standard and method for house demolition, the signing period and other matters.

Twelfth demolition implementation agencies should be taken in accordance with the provisions of these measures signed a demolition compensation and resettlement agreement. The agreement shall specify the compensation standard and amount, payment period, resettlement method, location and area of resettlement house, delivery period of resettlement house, relocation period, transition mode, transition period, temporary resettlement fee, liability for breach of contract and other terms that the parties think need to be concluded.

Thirteenth after the signing of the demolition compensation and resettlement agreement, if one party fails to perform the agreement, the other party may apply to the arbitration institution for arbitration according to the agreement, or bring a lawsuit to the people's court according to law.

Fourteenth demolition institutions shall establish and improve the management system of demolition archives, strengthen the management of demolition archives, and report the archives to the land and resources department for the record.

Fifteenth city land and resources department, the Municipal People's government and the park management committee shall establish a reporting system for demolition management, and publicly report the telephone number, petition address and other contact information. After receiving the report, the person in charge shall be responsible for handling it and inform the informant of the result in time.

Chapter III Compensation for Demolition

Sixteenth demolition compensation includes:

(a) the compensation for the demolition of houses;

(2) Compensation fees for decoration and appendages, relocation fees and temporary resettlement fees of the demolished houses.

Compensation for expenses and losses caused by suspension of production and business;

(three) compensation fees for collective construction land occupied by demolished houses.

Seventeenth housing demolition compensation, should be determined according to the confirmed housing area, use, resettlement population and land area.

Eighteenth members of the demolition of collective economic organizations housing, according to the following principles that the demolition of housing area:

(a) there is a valid certificate of ownership or building approval procedures, according to the effective certificate of ownership or building approval procedures recorded in the area, combined with the measured area.

(two) houses without valid ownership certificates or building approval procedures:

1.05 The houses marked on the aerial photo in May 2008 can be determined according to the actual measurement;

2. For houses built after May 2008, when the land acquisition survey is conducted, if the demolition implementation agency finds that the application conditions for homestead and the "one household, one house" are met, and the homestead area and construction area do not exceed 220 square meters, if there is no objection after publicity, it can be determined according to the measured area;

3. Houses located in the area without aerial photos in May 2008 can be handled in accordance with the provisions of Item (2) of this article after investigation and verification by the demolition implementation agency in conjunction with relevant departments or neighborhood offices and township (town) people's governments, and if there is no objection after publicity.

Article 19 The purpose of the house to be demolished shall be determined according to the valid ownership certificate or the purpose recorded in the building examination and approval procedures.

The purposes of the demolished houses are divided into residential houses and non-residential houses. Residential refers to houses built on collectively owned land for daily life. Non-residential houses refer to productive, operational and public welfare houses built on collectively owned land except houses.

Article 20 The resettlement population of the demolished refers to those who have registered permanent residence in the collective economic organization, who have contracted land in the collective economic organization, and their spouses and children who have lived together in the collective economic organization for a long time.

College students, active duty conscripts, noncommissioned officers (except those in line with the national military resettlement policy) and prisoners with original household registration in the local area should be included in the resettlement population.

Under any of the following circumstances, each household can increase the resettlement population 1:

(a) the demolition of people to receive the honor certificate of the only child parents;

(2) Demolition of two girls and implementation of sterilization measures;

(three) the only child of the demolition person died;

(four) the demolition of people holding a "revolutionary martyr certificate".

Other personnel, in accordance with the relevant provisions should be placed, in accordance with the relevant provisions.

Twenty-first demolition of residential buildings, the demolition can choose property rights exchange, monetary compensation and the combination of the two compensation methods.

Twenty-second demolition of residential houses of members of collective economic organizations, the demolition of property rights exchange, compensation in accordance with the following provisions:

(a) according to the demolition resettlement population per capita area of not less than 40 square meters (up to 45 square meters per capita).

(two) the resettlement area that the demolished person should enjoy shall be settled according to the difference between the replacement price of the demolished house and the installation cost of the resettlement house.

(three) if the area of the demolished house exceeds the resettlement area, monetary compensation shall be made according to the replacement price of the demolished house.

(four) the demolition of housing area is not enough to enjoy the resettlement area, the demolition requirements, according to the cost price to buy resettlement housing; If the demolished person gives up the overdue part, monetary compensation shall be given according to the difference between the cost price of the resettlement house and the replacement price of the demolished house.

(five) the difference between the agreed resettlement area and the actual resettlement area shall be settled at the cost price of the resettlement house.

Twenty-third demolition of residential houses, the demolition of people choose monetary compensation, according to the demolition of housing replacement price 2 times to be monetary compensation.

The demolition implementation agency shall sign a monetary compensation and resettlement agreement with the demolished person, and the agreement shall specify the matters that the demolished person gives up the property right exchange and resettlement.

Article 24 If the demolition effective ownership certificate or the building approval procedures indicate that the house is for commercial purposes, the non-residential houses with legal licenses of the production enterprises or units on collective land shall not be replaced, and monetary compensation shall be given according to the market evaluation price.

Twenty-fifth ancillary facilities and renovation costs of houses to be demolished shall be given corresponding monetary compensation by the demolition implementation agency.

Twenty-sixth demolition implementation agencies should pay the relocation expenses of the demolition; The implementation of property rights exchange requires a temporary transition, and the demolition implementation agency shall double the relocation fee.

Twenty-seventh demolition of residential houses, the demolition of property rights exchange needs temporary transition, compensation and resettlement agreement should be clear about the transition period and transition mode, and the demolition implementation agencies to pay temporary resettlement subsidies.

Twenty-eighth people who choose to exchange property rights, the transition period of multi-storey resettlement shall not exceed 65 08 months, and the resettlement of high-rise (including small high-rise) shall not exceed 24 months.

If the demolition implementation agency fails to provide resettlement housing within the prescribed time limit, it shall pay the temporary resettlement subsidy twice the prescribed standard from the date of overdue.

Article 29 If the demolition of non-residential houses causes the demolition to stop production, suspend business, relocate or transition, the demolition implementing agency shall give a one-time economic subsidy according to the construction area of the house to be demolished, combined with the use, location and operating conditions of the house to be demolished.

If the self-managed legal residence has been engaged in production and operation continuously before 20 10 1 and can provide valid business license, tax registration and tax payment vouchers, the demolition implementation agency shall, in addition to compensating and resettling the residence in accordance with the provisions of this chapter, give appropriate subsidies to the economic losses caused by the suspension of production and business.

Thirtieth demolition rental (lending) residential or non-residential housing, no compensation for users, by the owner of the house to deal with the relationship.

Thirty-first collective construction land occupied by demolished houses, land compensation fees and resettlement subsidies shall be implemented with reference to the compensation standards for expropriation of agricultural land.

Thirty-second people should be removed within the prescribed relocation period to complete the relocation.

Relocation in advance, the demolition implementation agencies can give appropriate incentives, specific incentives shall be formulated by the demolition.

Chapter IV Resettlement Security for Migrants

Thirty-third people should be taken according to the overall planning requirements, by the land and resources, planning, housing construction, housing management and other departments to organize the preparation of resettlement housing construction planning, submitted to the Municipal People's government for approval before implementation.

Planning should fully consider the living habits and production needs of the farmers who have been demolished, and scientifically determine the location and type of resettlement houses.

Thirty-fourth residents should complete the construction of resettlement houses within the transitional period stipulated in these measures.

The construction of resettlement houses shall conform to the national quality and safety standards.

Thirty-fifth demolition should be no less than 5% of the total area of resettlement housing with the construction of commercial housing. The commercial housing allocated for construction belongs to the collective ownership of the demolished farmers in the resettlement area, and the proceeds are mainly used to subsidize the property management fees and social security fees of the demolished farmers.

Thirty-sixth landless farmers per capita surplus arable land area of less than 0.3 mu, and the age in line with the provisions, should be included in the scope of the old-age insurance; Demolition should be in accordance with the wishes of farmers, timely handle the whole system of "peasants" procedures, will be land-expropriated farmers into non-agricultural registered permanent residence, into the minimum living security system for urban residents.

Chapter V Legal Liability

Thirty-seventh in violation of the provisions of these measures, under any of the following circumstances, the competent authority at a higher level shall order it to stop the demolition, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by the relevant departments according to law; Causing losses to the person being taken, it shall be liable for compensation according to law; If the case constitutes a crime, it shall be transferred to judicial organs according to law:

(a) the collective land expropriation plan was expropriated without approval;

(two) demolition is not carried out in accordance with the scope and standards determined by the collective land expropriation plan;

(three) the demolition compensation and resettlement funds and other compensation funds are not delivered to the demolition on time;

(four) the demolition compensation and resettlement funds for other purposes;

(five) the resettlement houses and transitional houses provided do not meet the national and provincial design specifications and engineering quality standards, or fail to pass the acceptance as required;

(six) other illegal acts, damage the legitimate rights and interests of the demolition.

Thirty-eighth relevant units and their staff dereliction of duty, bribery, abuse of power, corruption, etc. In the housing demolition compensation and resettlement, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the relevant provisions; If the case constitutes a crime, it shall be transferred to judicial organs according to law.

Thirty-ninth people were taken in the housing management authority certificate, building approval procedures and other aspects of fraud, given a warning by the relevant departments, shall be ordered to make corrections; The compensation defrauded shall be ordered to be returned within a time limit; If the case constitutes a crime, it shall be transferred to judicial organs according to law.

Chapter VI Supplementary Provisions

Fortieth Municipal People's Government and the administrative committee of each park may, according to these measures, formulate detailed rules for the implementation of the identification of resettlement population, housing area and use.

Counties under the jurisdiction of the city can be combined with local conditions and implemented with reference to these measures.

Forty-first approach by the Municipal Bureau of land and resources is responsible for the interpretation of.

Article 42 These Measures shall be implemented as of the date of promulgation. The normative documents previously issued by the municipal government are inconsistent with these measures, and these measures shall prevail.

Before the implementation of these measures, the projects that have issued land acquisition announcements shall still be implemented according to the original compensation and resettlement plan for demolition.

Cc: Municipal Party Committee departments, Municipal People's Congress Standing Committee Office, CPPCC Office, Municipal Court,

City Procuratorate, military divisions, regiments and regimental departments.

Suzhou Municipal People's Government Office issued on September 28th, 20 13.

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