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What is the compensation method for land acquisition in Laiwu?
Measures for Compensation for Land Expropriation in Laiwu Article 2 These Measures shall be applicable to the expropriation of houses of units and individuals on state-owned land within the administrative area of this Municipality due to the needs of public interests, and compensation for the owner of the expropriated house (hereinafter referred to as the expropriated person). Article 3 House expropriation and compensation shall follow the principles of democratic decision-making, due process, fair compensation and open results. The expropriation of individual houses shall guarantee the living conditions of the expropriated person. Article 4 The municipal and district people's governments shall be responsible for the expropriation and compensation of houses on state-owned land within their respective administrative areas. The housing and urban-rural construction department of the Municipal People's Government is the municipal housing expropriation department, which is responsible for organizing the implementation of the housing expropriation projects determined by the municipal government and guiding the implementation of the city's housing expropriation in conjunction with relevant departments; The urban and rural construction department of the District People's Government is the district house expropriation department, which is responsible for organizing and implementing the house expropriation and compensation work within its jurisdiction; High-tech Zone Management Committee, Ye Xue Tourism Zone Management Committee, Economic Development Zone Management Committee and Agricultural High-tech Zone Management Committee are the housing expropriation departments in this functional area, and are responsible for organizing the implementation of housing expropriation and compensation within their respective jurisdictions. Development and reform, finance, market supervision, planning, land and resources, urban management, letters and visits, prices and other departments in accordance with the division of responsibilities, do a good job in housing expropriation and compensation. The town government, street offices and community residents' committees shall cooperate with the house expropriation departments to do a good job in house expropriation and compensation. Article 5 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit. The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions. Article 6 The municipal and district people's governments shall include the funds for house expropriation and compensation into the fiscal budget at the corresponding level. Article 7 Persons engaged in house expropriation and compensation shall have relevant legal knowledge and professional knowledge, and implement house expropriation and compensation according to law. Housing expropriation departments or housing expropriation implementation units may entrust units with corresponding qualifications to undertake professional work such as surveying and mapping, pre-assessment and legal services. The house demolition project shall be undertaken by a construction enterprise with corresponding qualification grade. In accordance with the provisions of laws and regulations, if it is necessary to determine the construction enterprise of house demolition by bidding, it shall be determined by bidding. During the demolition of houses and buildings, construction safety production and dust control should be done well. Eighth any organization or individual who violates the provisions of these measures has the right to complain and report to the municipal (District) people's government, the house expropriation department and other relevant departments. The people's governments and departments that receive complaints and reports shall promptly verify and handle them. Chapter II Decision on Expropriation Article 9 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the municipal and district people's governments shall expropriate houses on state-owned land according to law: (1) National defense and diplomatic needs; (two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction; (three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government; (four) the needs of the construction of affordable housing projects organized and implemented by the government; (five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law; (six) the needs of other public interests as prescribed by laws and administrative regulations. In addition to the circumstances listed in the preceding paragraph, houses on state-owned land shall not be expropriated. Article 10 Where houses are expropriated in accordance with the provisions of Article 9 of these Measures, the organization and implementation unit of the construction project determined by the government shall propose to the house expropriation department to start the house expropriation procedure, explain the scope and specific situation of the house expropriation that is in line with the public interest, and submit the certification documents issued by the development and reform department that the project conforms to the national economic and social development plan, the certification documents issued by the land and resources department that the project conforms to the overall land use plan, and the certification documents issued by the planning department that the project conforms to the urban and rural planning and special planning. Because of the construction of affordable housing projects and the transformation of old urban areas, houses need to be expropriated. In addition to submitting the certification documents specified in the preceding paragraph, the organization and implementation unit of the construction project shall also submit the certification documents issued by the development and reform department that the construction project is included in the annual plan for national economic and social development. If the house expropriation department considers that it meets the statutory conditions after examination, it shall put forward examination opinions and report them to the municipal and district people's governments. If the municipal or district people's government decides to start the house expropriation procedure, it shall reasonably determine the scope of house expropriation. Article 11 After the scope of house expropriation is determined and announced, the following acts of improperly increasing compensation fees shall not be carried out within the scope of house expropriation: (1) Changes in house property registration, except for effective judgments and rulings of people's courts or arbitration institutions; (two) industrial and commercial registration, change the use of housing; (3) Building, rebuilding, expanding and decorating houses; (four) other acts of improper increase of compensation fees. In violation of the provisions of the implementation, no compensation. The house expropriation department shall notify the relevant departments in writing of the restrictions stipulated in the preceding paragraph to suspend the relevant procedures. The maximum suspension period shall not exceed one year. Twelfth house expropriation departments shall organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The municipal and district people's governments shall organize relevant departments such as house expropriation, land and resources, planning, urban management, housing and urban construction, market supervision, taxation, auditing, etc. to identify and deal with the houses that have not been registered with the ownership, and issue relevant identification and treatment results. The house expropriation department shall publish the results of house investigation, registration, identification and treatment within the scope of house expropriation. If there is any objection to the results of housing investigation, registration, appraisal and treatment, the municipal and district people's governments shall organize relevant departments to review and deal with them in a timely manner. Thirteenth house expropriation departments shall draw up compensation plans and report them to the municipal and district people's governments. The compensation plan for expropriation shall include the following contents: (1) the house expropriation department and the house expropriation implementation unit; (two) the scope, basis, purpose and signing period of the house expropriation; (three) the basic situation of the house to be expropriated; (four) compensation methods, compensation standards and evaluation methods; (five) the location, single building area, quantity and value appraisal of the property exchange house; (six) the transition mode and the compensation standard for relocation expenses, temporary resettlement expenses and loss of production or business suspension; (7) Subsidies and incentives, etc. Article 14 The municipal and district people's governments shall organize development and reform, finance, land and resources, housing and urban and rural construction, planning, urban management, letters and visits, auditing and other departments. Demonstrate the compensation scheme for expropriation and publicize it within the scope of house expropriation. The publicity period shall not be less than thirty days. Because of the need to expropriate houses due to the transformation of the old city, more than half of the expropriated people think that the expropriation compensation scheme does not conform to the Regulations on Expropriation and Compensation of Houses on State-owned Land in the State Council, the Regulations on Expropriation and Compensation of Houses on State-owned Land in Shandong Province and these measures, and the municipal and district people's governments shall organize a hearing attended by representatives of expropriated people and representatives of the public, and modify the scheme according to the hearing. The hearing shall be organized and implemented by the departments or institutions determined by the municipal and district people's governments. The municipal and district people's governments shall solicit opinions on the compensation scheme, and timely announce the modification according to public opinions. Article 15 Before making a decision on house expropriation, the municipal and district people's governments shall organize the stability department, the petition department, the house expropriation department and relevant units to evaluate and demonstrate the legality, rationality, feasibility, controllability, compensation fee guarantee, risk mitigation measures and emergency plans of house expropriation, and form a social stability risk assessment report. The social stability risk assessment report should be used as an important basis for whether to make a decision on house expropriation. The decision of house expropriation involves more than 300 households, which shall be discussed and decided by the executive meeting of the municipal and district people's governments. Before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account and used for special purposes. Sixteenth housing expropriation matters meet the statutory conditions, the municipal and District People's governments shall make a decision on housing expropriation according to law. The municipal and district people's governments shall make an announcement within the scope of house expropriation within 3 days from the date of making the decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters. The District People's Government shall submit the compensation scheme and the decision on expropriation to the municipal housing expropriation department for the record. Chapter III Compensation Article 17 The people's government that has made the decision on house expropriation shall compensate the expropriated person, including: (1) compensation for the value of the expropriated house; (two) relocation compensation caused by the expropriation of houses; (three) temporary resettlement compensation caused by the expropriation of houses; (four) compensation for losses caused by the expropriation of houses. The value of the expropriated house includes the decoration value of the house and the value of the state-owned land use right attached to the house. The municipal and district people's governments shall give subsidies and rewards to eligible expropriated persons. Article 18 The compensation for the value of the expropriated residential house shall be determined by the real estate price assessment agency according to the market price of the newly-built ordinary commodity house where the expropriated house is located on the date of the announcement of the house expropriation decision. The minimum compensation value of the expropriated residential house is 90% of the market evaluation price of the newly-built ordinary commodity housing where the expropriated house is located. The compensation for the value of the expropriated non-residential house shall not be lower than the real estate market price of the place where the house is expropriated on the date of the announcement of the house expropriation decision, which shall be assessed and determined by the real estate price assessment agency. The value of the interior decoration of the house to be expropriated shall be determined by the parties involved in the expropriation through consultation; If negotiation fails, you can entrust the corresponding assessment agencies to assess and identify. Article 19 The expropriated person may choose monetary compensation or house property right exchange. Twentieth expropriated people choose housing property rights exchange, according to urban planning and construction projects, the implementation of local or remote housing exchange. The value of houses with property rights exchange and houses to be expropriated shall be assessed and determined in accordance with the provisions of these Measures. After the two sides settle the price difference, the ownership of the property exchange house belongs to the expropriated person. Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas. Twenty-first houses used for property rights exchange shall be selected, designed, built or purchased by the municipal or district people's government that made the decision. Without the consent of the people's government, the pre-sale permit and commercial housing sales filing procedures shall not be handled for houses used for property rights exchange; In the transformation of the old city, priority should be given to houses used for property rights exchange before other houses can be built. Laiwu's land acquisition compensation method is to better harm the interests of the people when land acquisition occurs. For the current land acquisition policy, the state has a document instruction that compensation should be paid first and then land acquisition should be carried out. If there is any violation of this order, the parties may report feedback to the relevant regulatory authorities. This kind of supervision has a positive role in promoting land acquisition.
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