20 19 Yulin shantytown renovation planning and compensation standard for shantytown renovation

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

The implementation measures for the transformation of shanty towns in Yulin City have been approved by the municipal government and are hereby issued to you, please implement them carefully.

Yulin Municipal People's Government Office

165438+1October 24

Measures for the implementation of shantytown renovation in Yulin City

Chapter I General Provisions

Article 1 In order to promote and standardize the transformation of shanty towns, safeguard public interests, improve the housing conditions of people in need, ease the dual contradictions within cities, enhance the comprehensive carrying capacity of cities, and promote social harmony, in accordance with the Law of People's Republic of China (PRC) on Land and Land Administration, the Law of People's Republic of China (PRC) on Urban and Rural Planning, the Regulations on Expropriation and Compensation of Houses on State-owned Land and the State Council's Opinions on Accelerating the Transformation of Shanty Towns.

Article 2 These Measures shall apply to the transformation of shanty towns in central cities, counties, towns and state-owned industrial and mining areas of this Municipality.

Article 3 The term "shantytown renovation" as mentioned in these Measures includes centralized shantytown renovation, non-shantytown renovation, urban village renovation, comprehensive renovation of old blocks and old residential areas, and state-owned industrial and mining shantytown renovation.

Article 4 The term "centralized and non-centralized shanty towns" as mentioned in these Measures refers to areas where concentrated contiguous or sporadic (non-piecemeal) construction is carried out within the urban planning area, and most houses have simple structures, long service life, many security risks, imperfect use functions and infrastructure, and poor living environment. The term "transformation of centralized and decentralized shanty towns" as mentioned in these Measures refers to the comprehensive transformation of centralized and decentralized shanty towns according to the needs of overall urban planning, urban construction and urban development.

The term "village in the city" as mentioned in these Measures refers to the villages that have lost or basically lost the cultivated land needed for agricultural production in the urban planning area, and the contradictions between village development and urban development are prominent and mutually restrictive. The term "transformation of villages in cities" as mentioned in these Measures refers to the comprehensive transformation of villages in cities or the transformation of residential areas in old villages according to the needs of overall urban planning, overall land use planning and urban development.

The term "comprehensive transformation of old blocks and old residential areas" as mentioned in these Measures refers to the behavior of building, expanding and rebuilding old blocks and old residential areas with aging houses, incomplete use functions and imperfect supporting facilities in urban planning areas.

The term "transformation of state-owned industrial and mining shanty towns" as mentioned in these Measures refers to the transformation of shanty towns managed by wholly state-owned, holding and shareholding enterprises and collective enterprises on state-owned land within the urban planning area of this Municipality.

Fifth shantytowns adhere to the principles of scientific planning, orderly promotion, government-led, market operation, overall planning, supporting construction, legal expropriation and fair compensation.

Sixth city and county people's governments are responsible for the transformation of shanty towns within their respective administrative areas.

The people's governments at the city and county levels shall designate or set up corresponding shantytown renovation institutions to organize and implement the shantytown renovation work within their respective administrative areas.

Seventh shantytown renovation projects in the central city except the villages in the city shall be organized and implemented by the shantytown renovation institutions at the municipal and district levels.

The renovation project of villages in the central city and the renovation project of Yuyang District are organized and implemented by Yuyang District People's Government, and reported to the municipal shantytown renovation agency for approval. The shantytown renovation project within the scope of Southwest New District is organized and implemented by Hengshan County People's Government, and reported to the municipal shantytown renovation agency for approval.

Eighth shantytown renovation projects should be included in the annual plan for national economic and social development at the city and county levels and the scope of affordable housing projects.

Chapter II Financing

Ninth shantytown renovation projects mainly take financial subsidies, bank credit, private capital participation, bond financing, enterprises and the masses to raise funds and other ways.

Tenth people's governments at the city and county levels should effectively increase the capital investment in shantytown renovation, and arrange the expenditure funds for shantytown renovation from urban maintenance and construction tax, urban public utilities surcharge, urban infrastructure supporting fees, land transfer income and other channels. Affordable rental housing for shantytown renovation projects shall enjoy corresponding subsidies for affordable rental housing at all levels. Conditional to give discount loans to shantytown renovation projects.

Eleventh municipal finance to give appropriate subsidies to the shantytown renovation project in the central city (except for the renovation project in the village); County, District People's governments refer to the national, provincial and municipal financial special subsidy standards, and arrange a certain proportion of matching funds to actively support the transformation of shanty towns.

Article 12 Banking financial institutions shall actively support shantytown renovation, increase the arrangement of credit funds for shantytown renovation, and provide loans to eligible shantytown renovation projects.

Thirteenth city and county people's governments encourage and guide private capital to participate in the transformation of shanty towns through direct investment, indirect investment, equity participation and principal-agent construction.

Enterprises that are allowed to participate in the renovation of shanty towns in industrial and mining areas (including coal mines decentralized by the central government), shanty towns in forest areas and dangerous houses in reclamation areas organized by the government are allowed to deduct the expenses used by enterprises to meet the prescribed conditions before enterprise income tax.

Fourteenth in line with the provisions of the city and county people's government financing platform companies, enterprises undertaking shantytown renovation projects can issue corporate bonds or medium-term notes, earmarked for shantytown renovation projects. For the issuance of corporate bonds for shantytown renovation, priority should be given to the examination and approval procedures to speed up the examination and approval.

Chapter III Examination and Approval of Land Use and Planning

Fifteenth shantytown renovation projects in the housing levy, should handle the following pre-approval:

(a) the feasibility study report approved by the development and reform department;

(two) the land department for examination and approval opinions;

(three) the construction planning department for site selection and construction land planning permit;

(four) the environmental protection department's reply to the environmental impact assessment.

Sixteenth shanty towns should be transformed by combining local construction with off-site construction, with local resettlement as the main task, giving priority to nearby resettlement; For resettlement in different places, we should fully consider the needs of residents in employment, medical treatment, schooling and travel. , reasonable planning and site selection, arranged in a location with convenient transportation and complete facilities. It is necessary to implement the principles of energy conservation, land conservation and environmental protection, strictly control the area of Xing Tao, and implement various measures for saving intensive land and energy conservation and emission reduction.

Seventeenth city and county people's governments shall prepare the annual construction plan of supporting infrastructure for shantytown renovation, and specify the construction projects, commencement and completion time, etc.

The shantytown renovation project shall plan and construct corresponding commercial and comprehensive service supporting facilities in accordance with relevant regulations. Supporting facilities should be synchronized with shantytown renovation and resettlement housing planning, simultaneous approval, simultaneous construction and simultaneous delivery. The placement of public service facilities such as commerce, education, medical care and health care in residential quarters must be adapted to the size of the resident population. Specific construction projects and construction standards should follow the requirements of the Code for Planning and Design of Urban Residential Areas, and meet the specific provisions of supporting standards for public service facilities in shantytowns.

Eighteenth shantytown renovation project resettlement housing land according to the benchmark land price, real estate market changes and other factors, in accordance with the provisions of land supply policies and regulations, priority into the local land supply plan, and simplify the administrative examination and approval procedures, improve the efficiency of examination and approval.

Nineteenth municipal land and resources department is responsible for the approval of land for shantytown renovation projects in the central city, and the time limit for approval shall not exceed 15 working days. Examination and approval content: whether it conforms to the overall land use planning; Whether it is necessary to use land for the public interest; Whether it is necessary to adjust the land use for the transformation of the old city due to the implementation of urban planning. In line with the provisions, the land administrative department of the relevant people's government shall report to the people's government that originally approved the use of land or the people's government with the right of approval to recover the right to use state-owned land.

Twentieth shantytowns involving collectively owned land, land requisition and conversion procedures shall be handled according to law.

Article 21 The conceptual planning scheme for shantytown renovation shall be based on the overall urban planning, the overall land use planning, the national economic and social development planning, taking into account the urban infrastructure construction, the expropriated person's willingness to compensate and resettle, the location of the implementation project, the forecast of the sales market, the reasonable profit space and other factors, and shall be compiled by the shantytown renovation agency.

On the premise of meeting the requirements of urban planning and technical management, technical indicators such as the plot ratio of shantytown renovation projects are calculated and determined according to the collection cost, financing cost, investment profit, construction cost and taxes. , combined with the current real estate market price.

Twenty-second urban construction planning department is responsible for the pre-approval of the conceptual planning scheme of shantytown renovation project in the central city, and the time limit for pre-approval shall not exceed 20 working days. Pre-approval content: whether the planning technical indicators such as sunshine analysis, lighting spacing, concession red line, plot ratio and building density in the scheme meet the requirements of urban master plan and urban planning technical management.

The construction planning department shall, according to the land examination and approval opinions of the land department and the feasibility study report of the development and reform department, handle the planning permit for construction land for shantytown renovation projects.

Twenty-third city and county development and reform, land, housing and construction regulations, environmental protection and other departments. We should establish a fast track for administrative examination and approval of shantytown renovation projects, simplify the examination and approval procedures, improve work efficiency and improve service methods, and complete the examination and approval procedures such as project establishment, planning permission, land use and construction permission within a time limit for projects that meet relevant regulations.

The planning approval and land use approval of shantytown renovation projects in counties and districts shall be implemented with reference to the planning approval and land use approval procedures of the central city. In order to speed up the approval process of shantytown renovation, counties can take the form of agencies, from the agencies of land and construction laws and regulations departments to the development, reform and construction laws and regulations of shantytown renovation institutions or joint offices and the approval of land departments.

Article 24 After the house expropriation is completed, the shantytown renovation institution will make economic analysis and calculation on the shantytown renovation project according to the actual expropriation cost, construction cost, land supply price, real estate market price, number of resettlement units, resettlement area, etc. The land department will determine the land investor according to the economic analysis and calculation results and the land supply policy.

Construction regulations and other relevant institutions and departments shall, according to the land transfer contract provided by the land department and the opinions on the implementation of the transformation issued by the shantytown transformation institution, handle the planning permission, construction permit, feasibility study filing and other related procedures with investors in a timely manner.

Chapter IV Organization and Implementation

Twenty-fifth shantytown renovation institutions put forward the annual renovation project and scope according to the annual plan, and report it to the people's government at the same level for approval before implementation.

The shantytown renovation project in the central city is determined by the shantytown renovation institution of the city according to the annual task index, and the scope of renovation is implemented after being approved by the Municipal People's government; Area management projects, after the first trial by Yuyang District People's Government and Hengshan County People's Government, were reported to the municipal shantytown renovation institutions and approved by the Municipal People's Government for implementation.

Twenty-sixth shantytown renovation project preliminary research and planning costs included in the fiscal budget at the same level.

Twenty-seventh shantytowns after the scope of the project is determined, the shantytown renovation institution shall issue a consultation notice, on-site consultation or questionnaire within the scope of the proposed renovation, and solicit the willingness of the housing owner to transform. After more than 80% of the house owners agree to the renovation, the shantytown renovation can be started.

Twenty-eighth shantytown renovation projects can be carried out by means of market-oriented operation transformation and government transformation. Sub-district offices or township (town) people's governments organize residents to transform themselves according to the planning requirements.

If the shantytown renovation project adopts the market-oriented operation mode, the shantytown renovation institution shall put forward opinions and report them to the people's government at the same level for study and decision, and determine the investors to implement the renovation through bidding, invitation and agreement.

If the shantytown renovation project is transformed by the government, the department determined by the government or state-owned enterprises and institutions can be transformed as investors.

The shantytown renovation project is organized and implemented by the sub-district office or the township (town) people's government in accordance with the planning requirements, and all households are invested as investors to implement the renovation. After the house is expropriated, the owners' committee established by all households will determine the real estate development enterprises to implement the transformation through bidding and agreement.

There are major security risks, which seriously affect the urban landscape and urban infrastructure construction, as well as other shantytown renovation projects that are in urgent need of renovation. After the government decides according to law, it will organize the implementation of unit transformation.

Article 29 In order to ensure the proper placement of the expropriated person, before the house expropriation of the shantytown renovation project, the monetary compensation expenses and resettlement housing construction expenses of the implementing unit shall be deposited in the bank account designated by the house expropriation department according to a certain proportion and stored in the special account for house expropriation and compensation. After the resettlement housing for shantytown renovation project starts, it will be allocated in time according to the construction progress.

Thirtieth shantytown renovation project construction should strictly implement the basic construction procedures and standards, especially the mandatory standards such as seismic fortification. The shantytown renovation institution shall, jointly with the construction project quality and safety supervision unit, strengthen the supervision and inspection on the progress, quality and safety of the renovation project.

Thirty-first shantytown renovation project resettlement housing is completed, by the housing levy implementation unit organization shantytown renovation institutions, investors for resettlement, and delivery. After all the expropriated people have been resettled, the owners' meeting shall be organized in accordance with the relevant provisions of the property management regulations, and the property of the resettlement house shall be managed by the property company.

Chapter V Collection of Compensation

Thirty-second to start the shantytown renovation project housing levy and compensation work, to meet the following conditions:

(1) Planning and design scheme;

(two) the approval of the feasibility study report;

(three) site selection opinions and construction land planning permit;

(4) Opinions on land examination and approval;

(five) environmental impact assessment reply;

(six) the collection of compensation fees and construction funds in place, special account storage certificate;

(seven) the plan of the resettlement house;

(eight) for resettlement in different places, an area map of resettlement land shall be provided.

Thirty-third shantytown renovation projects should be completed within 48 months after the signing of the compensation contract. Projects that cannot be resettled within 48 months will be implemented in stages.

Thirty-fourth in accordance with the market-oriented operation mode of shantytown renovation project (except the village-in-city renovation project), the house expropriation and compensation shall be implemented by the house expropriation department in accordance with the provisions of the State Council's "Regulations on House Expropriation and Compensation on State-owned Land" and other laws and regulations.

The shantytown renovation project implemented by the government (except the village-in-city renovation project), the house expropriation and compensation work is implemented by the house expropriation department or the house expropriation implementation unit entrusted by the house expropriation department in accordance with the provisions of the State Council's "Regulations on House Expropriation and Compensation on State-owned Land" and other laws and regulations.

By the neighborhood offices or township (town) people's governments under their jurisdiction, residents will be organized to carry out shantytown renovation according to the planning requirements, and residents will be organized by the offices or township (town) people's governments to set up owners' committees to formulate renovation plans and compensation plans for house expropriation. The renovation plan needs to be approved by the shantytown renovation agency, and more than 70% of the households agree to start the housing expropriation compensation plan.

In the process of house expropriation, if the obligations stipulated in the compensation agreement are not fulfilled, the compensation agreement cannot be reached within the signing period determined by the expropriation compensation scheme, or the ownership of the expropriated house is unclear, the people's government at the city or county level shall apply to the people's court for compulsory execution in accordance with the procedures and time limit stipulated in the Regulations on House Expropriation and Compensation on State-owned Land in the State Council.

The shantytown renovation plan includes the project name, renovation scope, number of households, financing method, benefit distribution method, project design and planning scheme, economic benefit analysis, feasibility study report, construction period and other basic contents.

Article 35 Under the supervision of the house expropriation departments and shantytown renovation institutions, villagers' committees or villagers' groups are responsible for formulating renovation plans and benefit distribution plans, which are audited by shantytown renovation institutions and implemented after being reported to the people's government at the same level for approval. After the plan is announced, it can only be implemented with the consent of more than 90% of the villagers. According to Article 65 of the Land and Land Management Law of People's Republic of China (PRC), if the township (town) village facilities and public welfare undertakings need to use the land, or the land is not used according to the approved purpose, the villagers' committee or villagers' group shall report to the people's government that originally approved the use of the land to recover the land use right.

Article 36 If it is difficult to determine the legality of land, buildings and structures within the scope of shantytown and village-in-city reconstruction projects, it shall be determined by the land and construction planning department. Found illegal, by the land, housing regulations, comprehensive law enforcement departments in accordance with the responsibilities of the department to clean up and dismantle.

Thirty-seventh shantytown renovation projects by the city and county people's government to make a decision on housing expropriation, state-owned land use rights at the same time to recover.

Chapter VI Preferential Policies

Thirty-eighth shantytown renovation projects included in the annual plan of the municipal and county people's governments enjoy preferential policies; The land outside the shantytown renovation area does not enjoy various preferential policies.

Thirty-ninth from the shantytown renovation project of land transfer income, should give priority to housing levy monetary compensation, resettlement housing construction and infrastructure construction. In the shantytown renovation project, if the bidding, auction and hanging method is implemented, the housing levy cost is the listing price, and the income higher than the listing price is the land transfer income. 50% of the land transfer income collected from the transformation of villages in cities is used for the transformation of villages in cities, and 50% is used for other shantytown renovation projects.

Article 40 shantytown renovation projects shall be exempted from all kinds of administrative fees and government funds, such as basement construction fees, supporting fees for urban infrastructure, special funds for bulk cement, special funds for new wall materials, surcharges for urban education, surcharges for local education, surcharges for urban utilities charged by local tax authorities, etc.

Forty-first of the shantytowns for housing construction land shall be exempted from urban land use tax. Exempt from stamp duty related to the purchase of resettlement houses by management units, developers and individuals who decorate resettlement houses.

In supporting the construction of resettlement houses in commercial housing and other development projects, according to the relevant materials issued by government departments, the compensation agreement for house expropriation (demolition) or the shantytown renovation contract (agreement), and according to the proportion of the construction area of the renovated resettlement houses to the total construction area, urban land use tax and stamp duty are exempted.

Forty-second enterprises, institutions, social organizations and other organizations to transfer old houses as renovation and resettlement houses, the value-added amount does not exceed 20% of the amount deducted from the project, shall be exempted from land value-added tax.

Article 43 Deed tax and personal income tax involved in housing renovation and resettlement in shanty towns shall be reduced or exempted in accordance with relevant policies and regulations, and preferential tax policies for affordable housing shall be implemented for new construction, agent construction or purchase of resettlement houses. Electric power, communications, municipal utilities and other enterprises should give support to the transformation of shanty towns and build new cable TV and municipal public facilities such as water supply, power supply, gas supply, heating, drainage, communications and roads. In the resettlement community, all relevant units contribute to support the construction, and appropriately reduce the operating expenses such as network access and pipe network expansion.

Article 44 The contiguous reconstruction of villages in cities shall, in principle, be carried out within the original housing area, and the scale of land used shall be less than or equal to the original scale of land used in the reconstruction area; If it is really necessary to build a new building in different places, the scale of the new building should be less than or equal to the original land scale of the transformation area, and the new land will be solved by Murakami himself.

Article 45 Where municipal roads, greening, squares and other urban infrastructure occupy village collective land and involve the expropriation of villagers' houses, the villagers' committee or villagers' group shall negotiate to levy compensation, and the implementing unit shall compensate the buildings, structures and vegetation on the ground according to the replacement price. And increase a certain area or increase the floor area ratio in the village-in-city renovation project for resettlement, and enjoy the preferential policies for shantytown renovation of this part of the land.

In the reconstruction of villages in cities, the construction land allocated and recovered by the government and returned through land acquisition only enjoy the preferential policy of halving the supporting fees for infrastructure.

Article 46 If the children of the expropriated person need to transfer to another school because of shantytown renovation, the subdistrict office or the township (town) people's government, the house expropriation department or the shantytown renovation institution shall issue a certificate, and the education department and the school shall solve it, and shall not refuse to accept transfer students for any reason.

Article 47 The certificate of ownership of resettlement houses shall be handled by the house expropriation implementation unit in the name of the expropriated person. After notarization, it can also be handled in the name of children and other immediate family members. The expenses such as notarization fees and special maintenance funds for houses shall be borne by the expropriated person.

Chapter VII Supervision and Administration

Forty-eighth financial, auditing, supervision and other departments should strengthen supervision and inspection of the use of funds for shantytown renovation.

Forty-ninth shantytowns should be transformed in strict accordance with the approved transformation plan. Failing to implement the shantytown renovation project in accordance with the renovation plan, or changing the renovation plan without authorization, it shall be handled in accordance with the relevant provisions, except for the preferential policies for shantytown renovation.

Fiftieth shantytown housing levy staff should conscientiously perform their duties. Breach of privilege, dereliction of duty, shall be dealt with by the unit or the competent department at a higher level; If it constitutes a crime, it shall be handed over to judicial organs for handling according to law.

Article 51 If a real estate appraisal institution or a real estate appraiser issues a false or seriously wrong appraisal report in the process of expropriation and appraisal of houses in shanty towns, the issuing authority shall order it to make corrections within a time limit, give it a warning, impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the real estate appraisal institution and a fine of not less than 63,800 yuan but not more than 30,000 yuan on the real estate appraiser. If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 52 These Measures shall come into force as of February 24, 65438. The validity period is from February 24th, 65438 to February 23rd, 65438.