Measures for the implementation of property management in Sanya City

District People's governments, administrative committees and units directly under the municipal government:

The Interim Measures for the Compensation and Resettlement of Housing Renovation in Shantytowns in Sanya City have been deliberated and adopted at the 68th Standing Committee Meeting of the Sixth Municipal Party Committee and the 43rd Executive Meeting of the Sixth Municipal Government, and are hereby issued to you, please earnestly organize the implementation.

the people's government of sanya city

June 65438, 2009

(This film is voluntary)

Interim Measures of Sanya Municipality on Housing Compensation and Resettlement for shantytown renovation

Chapter I General Provisions

Article 1 In order to implement the house expropriation, compensation and resettlement work within the scope of shantytown renovation in this Municipality, improve the living environment of shantytown residents, enhance the image of the city, and accelerate the smooth progress of shantytown renovation, according to the Land Administration Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC), the Regulations on House Expropriation and Compensation on State-owned Land and other national laws and regulations on shantytown renovation.

Article 2 These Measures shall apply to the compensation and resettlement for shantytown renovation within the administrative area of this Municipality.

Article 3 The scope of shantytown renovation in this Municipality as mentioned in these Measures refers to the shantytown renovation project approved by the Housing and Urban-Rural Development Department of Hainan Province.

The contents of compensation and resettlement for shantytown renovation include compensation and resettlement for house expropriation on state-owned land and compensation and resettlement for collective land expropriation.

The fourth city shantytown renovation office (hereinafter referred to as the city shed reform office) is responsible for the guidance, organization and coordination of shantytown renovation in this city.

The district people's governments are responsible for the implementation of specific work such as compensation and resettlement for shantytown renovation within their respective jurisdictions.

The municipal competent department of housing and urban and rural construction is the administrative department in charge of housing expropriation on state-owned land in this Municipality, and supervises and manages the compensation and resettlement of housing expropriation on state-owned land in this Municipality.

The municipal competent department of land and resources is the administrative department in charge of collective land expropriation in this Municipality, and supervises and manages the collective land expropriation and housing compensation and resettlement in this Municipality.

Municipal development and reform, finance, planning, comprehensive administrative law enforcement, industry and commerce, public security and other relevant administrative departments. Should be in accordance with their respective responsibilities, coordinate the transformation of shanty towns.

Chapter II Expropriation, Compensation and Resettlement of Housing on State-owned Land

Article 5 The compensation agreement for house expropriation shall be signed by the people's government of each district as the house expropriation department and the expropriated person.

Other departments need to be the housing levy department or the entrusted housing levy implementation unit, which shall be implemented after being approved by the municipal housing and urban-rural construction department or the municipal land and resources department.

Article 6 The value of the expropriated house shall be assessed and determined by a real estate price assessment agency with corresponding qualifications according to law.

Real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, the municipal housing and urban-rural construction department shall randomly select from the library of real estate price assessment institutions with corresponding qualifications that have been filed; The time node of the value evaluation of the expropriated house and the property right exchange house is the date of the announcement of the house expropriation decision.

City housing and urban and rural construction departments take the lead in establishing archives of city real estate price assessment agencies, which will be implemented after being approved by the Municipal People's Government.

Article 7 If the expropriated person or the house expropriation department disagrees with the evaluation results, it shall apply to the real estate price appraisal agency for review and evaluation within 10 days from the date of receiving the evaluation report; If the expropriated person or the house expropriation department has any objection to the review result of the real estate price appraisal institution, it shall, within 10 days from the date of receiving the review result, apply to the municipal real estate appraisal expert committee for appraisal.

Article 8 The expropriated person may choose monetary compensation, property right exchange or a combination of monetary compensation and property right exchange, and the specific compensation and resettlement method shall be chosen by the expropriated person.

Ninth residential housing expropriation, the expropriated person chooses monetary compensation, compensation according to the market evaluation value of the resettlement housing.

If the expropriated person chooses to exchange property rights, the residential house will be exchanged according to the interior area of the expropriated house, without changing the way of obtaining the right to use state-owned land. Housing property rights exchange ratio is as follows:

Expropriated building structure

Property right exchange ratio

Expropriated house

Change houses

frame construction

1

1

mixed construction

1

0.95

Column panel structure

1

0.85

simple structure

1

0.75

Tenth expropriation of non residential housing, the expropriated person chooses monetary compensation, compensation according to the market evaluation price.

If the expropriated person chooses to exchange property rights, it shall exchange non-residential houses according to the construction area of the expropriated house, and give appropriate subsidies for the loss of production or business suspension. The proportion of housing property rights exchange shall be implemented in accordance with the provisions of Article 9 of these Measures.

Article 11 The expropriated person shall make compensation in accordance with the provisions of Article 9 of the present Measures if the ground-floor residential building facing the street is converted into commercial business premises, and give monetary compensation according to 50% of the assessed value of the resettlement housing market:

(1) Holding the house ownership certificate;

(2) Holding an industrial and commercial license and operating;

(3) paying taxes in accordance with the law for more than 3 consecutive years (including 3 years) before being levied.

Choose property rights exchange or monetary compensation, the housing levy department shall issue a subsidy for the loss of production or business suspension.

Twelfth houses without ownership certificates but with legal procedures shall be subject to property rights exchange or monetary compensation in accordance with the provisions of Articles 9 to 11 of these Measures. If you choose monetary compensation or apply for the certificate of ownership of resettlement houses, you must improve the relevant procedures such as the transition of personal property rights.

If the expropriated person has no house ownership certificate or legal procedures, the following treatment shall be made according to the completion time:

(a) 1 990 April/KLOC-0 before the implementation of the "People's Republic of China (PRC) City Planning Law", compensation shall be made according to the provisions of Articles 9 to 11 of these Measures.

(2) 1 April 19901day after the implementation of the Urban Planning Law of People's Republic of China (PRC), it was built before the implementation of the Decision of Sanya Municipal People's Government on Resolutely Combating Illegal Construction (No.3, 2008) on June 2008 12.

(3) If it is built after the implementation of the Urban and Rural Planning Law of People's Republic of China (PRC) on June 5438+1 October/KLOC-0, 2008, it will not be compensated.

The measures for the expropriation and compensation of houses and other attachments that the expropriated person holds the legal procedures for land use, but there is no or only a small amount on the ground, shall be determined by the people's governments of all districts in the scheme for expropriation, compensation and resettlement.

Temporary buildings that do not exceed the approved period shall be compensated according to the remaining period of approved use.

Article 13 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Measures, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house with property rights exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period.

After the Municipal People's Government that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.

Article 14 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the Municipal People's Government to make a compensation decision, deliver it to the expropriated person according to law and make an announcement.

Fifteenth expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the Municipal People's Government that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.

The Municipal People's Government shall, before applying to the people's court for compulsory execution, urge the expropriated person to fulfill the obligation of relocation in writing according to law.

To apply to the people's court for compulsory execution, the Municipal People's Government shall, in accordance with the provisions, submit the relevant documents that make the compensation decision, the basic information of the respondent, and attach the amount of compensation and the account number deposited in the special account, the location and area of the property exchange house and the revolving house.

Chapter III Collective Land Expropriation, Housing Compensation and Resettlement

Sixteenth meet one of the following circumstances, identified as the resettlement object of shantytown renovation project on collective land:

(1) Native villagers. Refers to the household registration in the village, before the government land acquisition decision is issued, it is the permanent population of the village, has the membership of the village collective economic organization, enjoys the collective welfare (dividend) treatment, and its children (including those who are temporarily relocated due to military service, college students).

Newborn infants who fail to declare their household registration in time due to objective reasons shall be executed as indigenous residents in accordance with the relevant provisions of the Organic Law of Villagers' Committees of the People's Republic of China and the Regulations on Household Registration in People's Republic of China (PRC).

(2) transfer villagers. Refers to those who have the qualification of the second round of land contractual management right, meet the membership of the collective economic organization, enjoy the collective welfare (dividend) treatment, and live in the village for a long time after the household registration relationship is transferred, and their children (including those who are temporarily relocated due to military service and college students).

(three) the door son-in-law and married daughter-in-law. Refers to the people who registered in the village before the government's land acquisition decision was issued, have the membership of the village collective economic organization, enjoy the collective welfare (dividend) treatment, and live in the village for a long time and their children (including those who temporarily moved their household registration due to military service, college students and so on).

(4) Married women. Refers to the "married women" who are members of the former rural collective economic organizations and their minor children living together according to the Notice of Sanya Municipal People's Government on Printing and Distributing the Guiding Opinions on Land Acquisition Compensation for Married Women in Sanya (No.213).

The identification of the above four kinds of expropriation compensation and resettlement objects (hereinafter referred to as "resettlement objects") shall be discussed and determined by villagers' groups and villagers' committees under the supervision of village committees and villagers' representatives, and shall be publicized after being reported to the district government for approval.

Other circumstances that need to be included in the resettlement object shall be determined by the District People's Government in the compensation and resettlement plan according to the actual situation.

Seventeenth people can choose the following two compensation and resettlement methods in principle.

(a) where the expropriated person chooses to exchange property rights, it shall be resettled in the following ways:

In accordance with the provisions of Article 16 of these Measures, the resettlement object shall be resettled according to the standard of 60 square meters per person (housing construction area) (if the expropriated person violates the family planning policy, the specific resettlement standard shall be formulated by the District People's Government in the compensation and resettlement plan).

The difference between the area of resettlement housing and the area of the house (or part of the house) where the expropriated person meets the conditions of resettlement compensation shall be partially settled with reference to the compensation standard for house demolition in Sanya Municipality's Regulations on the Administration of Collective Land Expropriation and Resettlement (revised 20 13) (No.43 of Sanfu [2065438+03]).

At the same time, in the collection area, the expropriated person shall be resettled according to the business space area of 10 square meter per person. The shantytown renovation project that has reserved land for collective economic development will no longer give resettlement to the business premises of the expropriated person.

(two) if the expropriated person chooses monetary compensation, the compensation shall be made according to the market evaluation price of the resettlement housing area and the incentive resettlement area. The difference between the area of resettlement housing and the area of the house (or part of the house) where the expropriated person meets the conditions of resettlement compensation shall be partially settled with reference to the Housing Demolition Compensation Standard of Sanya Municipality's Regulations on the Administration of Collective Land Expropriation Compensation and Resettlement (revised 20 13) (Sanfu [2065438+03] No.43).

Article 18 If the area of the expropriated person's homestead exceeds 175 square meters, the excess part shall be in accordance with the land acquisition compensation standard (per mu 145, 600 yuan) stipulated in the Administrative Regulations on Compensation and Resettlement for Collective Land Expropriation in Sanya (revised in 2065,438+03) (No.43 of Sanfu [2065,438+03]).

Nineteenth houses (or some houses) that the expropriated person meets the conditions for resettlement compensation in Article 17 of these Measures include:

(1) If the expropriated person obtains the house ownership certificate, the registered construction area shall prevail.

(two) the expropriated person has not obtained the certificate of ownership of the expropriated house, and the houses (or some houses) that meet the conditions of resettlement compensation include:

1.65438+1Houses built before the first revision and promulgation of the Regulations on Land Management in Hainan Special Economic Zone on September 24th, 999.

2. Completed after September 24th, 1999/KLOC-0 and before the implementation of the Measures for the Administration of Rural Homestead in Sanya on September 3rd, 2006. Hold a valid township homestead distribution certificate, and the house on each homestead shall not exceed 175 square meters.

3. The houses (or parts of houses) built after September 13, 2006 and before the implementation of the People's Republic of China (PRC) Urban and Rural Planning Law on September/0/2008 1 day have legal land examination and approval procedures, and the area does not exceed 175 square meters, and the construction area does not exceed 270 square meters.

4. The house (or part of the house) built after the implementation of the Urban and Rural Planning Law of People's Republic of China (PRC) on June 5438+1 October1day, 2008 has legal land and house examination and approval procedures, with an area not exceeding 175 square meters and a construction area not exceeding 270 square meters.

Twentieth to meet the conditions of resettlement compensation for the expropriated person according to the housing construction area (or part of the house) for resettlement compensation, the construction area beyond the part in the following ways:

1. 1999 After the implementation of the Regulations on Land Management in Hainan Special Economic Zone and before the implementation of the Measures for the Administration of Rural Homestead in Sanya City on September 3, 2006, after the compensation for housing placement is given according to the provisions of Article 17 of these Measures, the excess construction area shall refer to the Regulations on the Administration of Compensation and Resettlement for Collective Land Expropriation in Sanya City (2006).

2. After the implementation of the Measures for the Administration of Rural Homestead in Sanya City on September 13, 2006 and before the implementation of the Urban and Rural Planning Law of People's Republic of China (PRC) City on September/0/6, 2008, the expropriated houses will be compensated according to the provisions of Article 17 of these Measures, and the compensation for collective land expropriation in Sanya City will be referred to if the construction area exceeds.

3. The house of the expropriated person was built after the implementation of the Urban and Rural Planning Law of People's Republic of China (PRC) on June 5438+1 October12008. In accordance with the provisions of article seventeenth of these measures, the compensation for housing placement shall not be paid for the excess construction area.

Article 21 Houses with household registration in the village, which do not belong to the construction of resettlement targets as stipulated in Article 16 of these Measures, and legal houses built by expropriated people with household registration not in the village or houses with legal procedures shall be given appropriate compensation with reference to the market evaluation price.

Article 22 The compensation for non-residential houses on expropriated collective land shall be implemented with reference to the Provisions of Sanya Municipality on the Administration of Compensation and Resettlement of Expropriated Collective Land (revised 20 13) (No.43 of Sanfu [2013]).

If the expropriated person changes the street-facing ground-floor residential building into a commercial business building and holds a business license and tax registration certificate for more than three years, he will be given a subsidy for the loss of production or business suspension.

Chapter IV Determination of Completion Time of Houses and No Compensation

Article 23 The completion time of houses shall be determined in principle according to the following procedures: all villagers' groups and village committees (neighborhood committees) shall investigate and register the completion time of houses in their villages (communities), which shall be publicized for 7 days after being discussed and approved by villagers' meetings or villagers' representative meetings (community residents' meetings). If there is no objection during the publicity period, the village committee (neighborhood committee) shall provide relevant materials to the district government for approval, and then report to the municipal comprehensive administrative law enforcement department for the record.

Twenty-fourth houses or buildings in any of the following circumstances, no compensation:

(a) houses on the collective land that are placed on the homestead other than "one household, one house", except houses obtained according to law.

(two) the village houses built on collective land by people other than the resettlement objects have not gone through the formalities of ownership registration and examination and approval.

(3) Houses and buildings built after the implementation of "People's Republic of China (PRC) Urban and Rural Planning Law" on June 5438+1 October12008 without house ownership certificate or legal procedures.

(4) Temporary buildings exceeding the approved period.

(five) other houses identified as illegal buildings according to law.

However, if the expropriated person can sign an agreement within the specified time and take the initiative to relocate the house, appropriate material subsidies will be given; If an agreement is not signed or the house is not relocated within the prescribed time limit, it shall be forcibly removed by the municipal comprehensive administrative law enforcement department and punished according to law.

Chapter V Sources of Resettlement Houses, Compensation and Incentives for Transitional Resettlement

Twenty-fifth shantytowns resettlement housing financing methods for the construction of resettlement houses in situ, resettlement houses in different places and repurchase of commercial housing.

Twenty-sixth residential housing and commercial housing relocation subsidies paid by households, the expropriated person chooses monetary compensation, a one-time payment of relocation subsidies; Choose the transitional housing placement, double the relocation allowance.

The specific standards for relocation subsidies shall be formulated by the district people's governments in the compensation and resettlement plan.

Twenty-seventh of the expropriated people who choose to exchange property rights, they should pay temporary transitional resettlement fees and make their own transitional resettlement. The temporary transition period shall not exceed 30 months, counting from the day when the expropriated person vacates the house. Temporary transition period of more than 30 months, continue to pay temporary transitional resettlement fees. If the temporary transitional resettlement fee is paid for the first time, it shall be paid to the expropriated person in one lump sum according to the standard of 18 months.

If the expropriated person chooses to relocate in different places, he shall pay the living allowance and transportation expenses.

The specific standards for temporary transitional resettlement fees, living allowances and transportation fees shall be formulated by the people's governments of all districts in the compensation and resettlement plan.

Twenty-eighth expropriation of residential houses on state-owned land, where the expropriated person chooses to exchange property rights, and the difference between the houses with property rights exchange is within 5% (including 5%), the difference will be settled at Jian 'an cost price; If the difference area exceeds 5%, the difference shall be settled according to the development and construction cost price approved by the relevant departments.

Expropriation of non-residential houses on state-owned land, where the expropriated person chooses property rights exchange, the difference area of the property rights exchange house shall be settled according to the market price of similar new non-residential houses in the expropriation area.

If the government provides resettlement houses to the expropriated person for compensation due to expropriation of collective land, the difference between the actual resettlement construction area and the construction area to be resettled shall be settled with reference to the Housing Demolition Compensation Standard of Sanya Municipality's Regulations on Compensation and Resettlement of Collective Land Expropriation (revised 20 13) (No.43 of Sanfu [20/KLOC-0]).

Twenty-ninth houses on state-owned land can only be relocated, or the expropriated person chooses to relocate voluntarily, and the expropriated person will be rewarded according to 10% of the original area of the expropriated house.

If there is no planned residential land in the shantytown renovation expropriation area on collective land, it can only be resettled in different places, or if the expropriated person voluntarily chooses resettlement in different places, the difference shall be compensated according to the principle of equivalence. At the same time, in the collection area, the expropriated person will be rewarded according to the business space area of each person 10 square meter.

Encourage the expropriated person to choose a single currency compensation and give appropriate rewards. Specific incentives and reward standards shall be formulated by the people's governments of all districts in the compensation and resettlement plan.

Thirtieth expropriated people who move ahead of time or fail to move according to the specified time shall be given appropriate rewards. Specific incentive measures and standards shall be formulated by the people's governments of all districts in the compensation and resettlement plan.

Article 31 The District People's Government shall formulate specific measures for the management of house property rights and other follow-up management matters after the resettlement of the expropriated person.

Chapter VI Safeguard Policy

Thirty-second poor households and low-income households policy

(a) the per capita income of the expropriated family is lower than the minimum living guarantee, which shall be included in the minimum living guarantee according to law.

(two) the household registration in the transformation area, no independent property rights and living in the transformation area of poor households, low-income households, can directly apply to the municipal housing and urban construction department for rental housing subsidies or public rental housing in kind.

Thirty-third policies such as education, employment and social security

(a) zero-employment family members, single-parent family members raising minor children and those who enjoy the minimum living allowance have the ability to work and employment aspirations within the legal working age, and the competent department of human resources and social security will be included in the scope of re-employment policy support.

(two) the competent department of human resources and social security shall provide free public employment services such as employment policy consultation, employment information, career guidance and employment introduction for the expropriated person.

(three) the children of the expropriated person can choose to continue studying in the original school or transfer to another school. Those who meet the transfer conditions shall be handled by the municipal education department in accordance with the enrollment scope designated by their new address.

(four) if the expropriated person goes through the formalities of agricultural registered permanent residence's conversion to non-agricultural registered permanent residence, household registration transfer, resident identity card, etc., it shall be handled by the municipal public security department according to law.

(five) the municipal department in charge of transportation shall provide convenient public transportation services to meet the travel needs of residents in shantytowns.

(six) the relevant functional departments should simplify procedures, improve work efficiency, provide effective and convenient services for shantytown renovation projects, and implement on-site services when necessary.

Chapter VII Supplementary Provisions

Article 34 The compensation standard for young crops outside houses and attached objects on the ground within the scope of shantytown renovation projects shall be implemented with reference to the Management Regulations on Compensation and Resettlement of Collective Land Expropriation in Sanya City (revised 20 13) (No.43 of Sanfu [2013]).

Thirty-fifth "Regulations on the Expropriation and Compensation of Houses on State-owned Land" (the State Council Decree No.590th) has obtained the permit for house demolition before implementation, and continues to be implemented in accordance with the original provisions.

Thirty-sixth the term "resettlement" as mentioned in these Measures refers to the resettlement outside the red line of shantytown renovation projects. The specific standards for the definition of resettlement in different places shall be determined by the people's governments of all districts according to the actual situation of the project.

Thirty-seventh Haitang District, Luhuitou Community, Ban Ling Hot Springs and other projects continue to be handled according to the original regulations.

Article 38 These Measures shall come into force as of the date of promulgation, and the Provisions on the Administration of Urban Housing Demolition in Sanya (No.3 [2005]138) and its annex "Sanya City Housing Demolition Compensation Standard Table and its annex" (No.3 [2006]124) shall be abolished at the same time. If the normative documents promulgated and implemented by Sanya Municipal People's Government are inconsistent with these measures, these measures shall prevail.

Thirty-ninth shanty towns within the administrative area of this Municipality shall be reformed. The compensation and resettlement standards for housing expropriation and collective land expropriation on foreign land may be implemented with reference to these measures.

Fortieth approach by the Municipal People's government is responsible for the interpretation of.

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