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Decree of the People’s Government of Hebei Province[2012] No. 2

发布时间:2016/8/24

Implementing Measures of Hebei Province on Expropriation of Houses on State-owned Land and Compensation

Decree of the People’s Government of Hebei Province

[2012] No. 2

 

 

 

Implementing Measures of Hebei Province on Expropriation of Houses on State-owned Land and Compensation, adopted at the 106th Executive Meeting of the People’s Government of Hebei Province on June 12, 2012, are hereby promulgated and shall become effective as of August 1, 2012.

Governor Zhang Qingwei

June 26, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Implementing Measures of Hebei Province on Expropriation of Houses on State-owned Land and Compensation

 

Chapter I General Provisions

 

Article 1 In order to standardize the expropriation of and compensation for houses on the state-owned land, maintain public interests and protect legal rights and interests of expropriators of the houses expropriated, these Measures are enacted in accordance with the Regulation on the Expropriation of Houses on State-owned Land and Compensation (hereinafter referred to as “Regulation”) by the State Council and in light of the concrete circumstances of Hebei Province.

Article 2 These Measures apply to the expropriation of houses on state-owned land and compensation within the administrative region of this Province.

Article 3 The people’s government at a next higher level shall strengthen its supervision over the house expropriation and compensation of the people’s governments at a next lower level.

The department of housing and urban-rural development of this Province shall, together with the department of finance, department of land and resources, development and reform commission of this Province and other relevant departments, strengthen its instructions on expropriation of houses and compensation.

All supervisory organs shall strengthen their supervision on governments, relevant departments or entities and their personnel who participate in the expropriation of and compensation for houses.

Article 4 The people’s governments of cities divided into districts and counties (cities or districts) are responsible for the expropriation of houses and compensation within their respective administrative regions.

Any house expropriation department determined by the people’s governments of cities divided into districts and counties (hereinafter referred to as “House Expropriation Department”) shall arrange for the implementation of expropriation of and compensation for houses within its administrative region.

All relevant departments of the people’s governments of cities divided into districts and counties (cities or districts) shall ensure the smooth implementation of expropriation of and compensation for houses in a cooperative manner and in accordance with these Measures and division of responsibilities of the people's governments at corresponding levels.

Article 5 A house expropriation department may authorize a house expropriation implementing entity to undertake the house expropriation and compensation. The house expropriation implementing entity shall not operate for profit-making purposes, and its nature and outlays shall be determined and appropriated by the people’s governments of cities divided into districts and counties according to law.

Where the house expropriation department entrusts the house expropriation implementing entity with the expropriation task, the former shall issue a letter of authorization in which the terms of scope, limits of authority, limits of time, expenses and other related matters shall be clearly defined.

All personnel engaging in house expropriation implementing entity shall take part in the training organized by the house expropriation department on the legal and professional knowledge, and shall go about duties with their certificates after passing the corresponding examination.

 

Chapter II Decisions on Expropriation

 

Article 6 Where it is necessary to expropriate houses in response to the needs of public interests, the people’s governments of cities divided into districts and counties (cities or districts) shall make decisions on the house expropriation and make the situation known to the public in time. The public notice shall specify an expropriation and compensation plan, rights to administrative reconsideration and administrative complaint and other matters. Where a building is expropriated according to law, the corresponding right to use state-owned land shall be taken back at the same time.

Article 7 A house expropriation department is responsible for making the expropriation and compensation plan, which shall be submitted to the people’s governments of cities divided into districts and counties (cities or districts). The people’s governments shall arrange for relevant departments to appraise the expropriation and compensation plan before publicizing it within the expropriation scope to seek comments from the public. The time limit to seek comments for the public shall be no less than thirty days.  

The people’s governments of cities divided into districts and counties (cities or districts) shall publicize the result about the solicitation of the public opinions, and the information concerning the plan for expropriation and compensation revised based on public opinions in a timely manner.

Article 8 Where a house needs to be expropriated due to the rebuilding of an old urban area and the majority of the expropriators of houses to be expropriated (hereinafter referred to as “expropriator”) believe that the expropriation and compensation plan does not conform to the provisions of the Regulation and these Measures, the people’s governments of cities divided into districts and counties (cities or districts) shall arrange for a hearing that is attended by expropriators and representatives of the public, and amend the expropriation and compensation plan according to the hearing result.

Article 9 The people’s governments of cities divided into districts and counties (cities or districts) shall, prior to a decision made on expropriation, make a risk appraisal on social stability according to relevant provisions. Where the decision involves a large number of expropriators, it shall be made through discussion at the executive meetings of the governments.

All compensation expenses for expropriation shall, prior to the decisions made on expropriation, be established in full amount, deposited in a special account and used for designated purposes only.

Article 10 The people’s governments of cities divided into districts and counties (cities or districts) shall, prior to a decision made on expropriation, arrange for relevant departments to investigate, confirm and deal with the unregistered buildings and structures in the scope of expropriation according to laws, regulations and relevant provisions. For any buildings confirmed to be legal buildings or temporary ones not exceeding the approved period, the compensation shall be made; and for any buildings confirmed to be illegal buildings or temporary ones having exceeded the approved period, no compensation shall be made.

 

Chapter III Expropriation and Compensation

 

Article 11 Where an expropriator chooses an exchange of property right to the house, the people’s governments of cities divided into districts and counties (cities or districts) shall provide with a house for exchange of property right to the house, and calculate and settle with the expropriator the price difference between the value of the expropriated house and that of the house provided for exchange of property right to the house.

Where a personal house is expropriated due to the rebuilding of an old urban area and the expropriator chooses an exchange of property right to the house in the rebuilt area, the people’s governments of cities divided into districts and counties (cities or districts) who make the decision on expropriation shall provide a house in the rebuilt area or nearby area.

Article 12 The compensation for the value of interior decoration of expropriated houses, expenses for relocation of machinery, equipment and materials, and losses resulted from suspension of production or business shall be determined by the house expropriation parties through consultation. If no agreement is reached, the parties, including the house expropriation department, the expropriator and the lessee, can entrust an eligible appraisal agency with the appraisal and determination.

Article 13 The compensation granted to an expropriator for the losses resulted from suspension of production or business shall meet the following conditions:

(1) Where a certificate of house ownership for the expropriated house is provided or the expropriated house is confirmed as a legal building by a relevant department;

(2) Where an expropriated house is a non-residential building;

(3) Where a legal and effective business license or any other administrative permits to perform related production and operation shall be provided, and the domicile (business place) indicated on the administrative permits to perform related production and operation is an expropriated building; and

(4) Where the tax registration is completed and receipts of tax payment are provided.

Article 14 The compensation for the losses resulted from suspension of production or business due to expropriation shall be calculated in accordance with the real property losses due to expropriation. The calculation of losses resulted from suspension of production or business due to expropriation shall be determined in accordance with such factors as paid tax, scale of operation and time limit of suspension of production or business.

Where any suspension of production or business is caused by expropriation, the employees under the influence of suspension of production or business shall be compensated with living subsidies. The monthly living subsidies of the employees shall be computed in accordance with the local average wage standard in society; the number of employees under the influence of suspension of production or business shall be counted based on the monthly average number of employees whose social insurance is paid by the producers or operators within 12 months before the expropriation decision is announced; the time limit for granting subsidies of suspension of production or business shall be calculated on the basis of 6 months.

Where a non-residential building is expropriated and the expropriator chooses monetary compensation, the temporary settlement compensation shall be calculated on the basis of 6 months; and where the expropriator chooses exchange of property right to the house, the temporary settlement compensation shall be counted in accordance with the actual duration.

Article 15 Where a producer or operator accepts a lease on a house according to law to carry out production and business, and the rented house is expropriated before the contract is expired, the compensation for losses of suspension of production or business shall be allocated in accordance with the agreement between the producer or operator and the expropriator; where there is no such agreement, the house expropriation department can directly compensate for the losses resulted from production or business to the producer or operator.

Article 16 Where a personal house is expropriated and its expropriator satisfies the conditions of housing security in cities and towns, the people’s governments of cities divided into districts and counties (cities or districts) that make the housing expropriation decision shall give priority to the housing security in accordance with the following principles:

 (1) If a monetary compensation is provided and the family falls into the low-income family category whose housing gross floor area is less than thirty square meters, the compensation shall be calculated by thirty square meters; if the family still conforms to the conditions for compensation after the initial compensation, it shall have access to the housing security in priority.

(2) If the compensation is processed by exchange of property right to the house, the house shall be exchanged after the compensation price for the expropriated house is determined by the evaluated price in real estate market and the gross floor area of exchanged house shall not be less than thirty square meters. If the family falls into a low-income family category whose gross housing gross floor area is less than thirty square meters, the expropriator need not pay for any part of the house within thirty square meters after exchange, but for any part exceeding thirty square meters, the expropriator shall pay for the excessive area according to market price.

For any low-income family that cannot afford for the excessive area, the ownership of the exchanged house can be shared by the expropriator and the people’s governments of cities divided into districts and counties (cities or districts) in a certain proportion. The expropriator shall pay the rent for the low-cost house to the co-owner of property right for the part of non-private property right in the extent of security standard and pay the rent according to market price to the co-owner of property right for the part of non-private property right beyond the security standard. If the expropriator has the capacity and willingness to buy the house, the expropriator may then buy it in accordance with market price.

Article 17 Where a house that is sold at a standard price based on the reform policy of urban housing is expropriated, the seller and the buyer shall be deemed as co-expropriators. If the expropriators require monetary compensation, the house expropriation department shall give the compensation to them respectively in accordance with the property right proportion stated on the certificate of house ownership; if the expropriators require exchange of property right to the house, the property right proportion shall be clearly indicated when the property right to the house is registered for settlement.

Article 18 Where a public house that is permitted to sell based on the reform policy of urban housing is expropriated, the lessee can sign an agreement of compensation and settlement with the house expropriation department after the lessee buys the house in accordance with the reform policy of urban housing; for the house which is not permitted to sell based on the reform policy of urban housing, if the owner of property right practises the exchange of property right to the house, the lessee has the right to continue  its lease and a new contract shall be signed by the owner of property right and the lessee in accordance with the compensation and settlement plan.

Article 19 The planning and construction of the settlement houses shall be based on the expropriation, compensation and settlement plan, and the opinions of the expropriators and the house expropriation department shall be fully taken into account.

Where the house expropriation department provides a used house to arrange for the expropriator for the settlement purpose, the house shall comply with the basic housing standards provided by the competent department of housing and urban-rural development under the State Council, and have the basic living facilities, such as supply of water, heating and electricity.

Article 20 The house expropriation department and the expropriator shall enter into a compensation agreement on such matters as method and  amount of compensation, and deadline of payment, location and area of the house provided for exchange of property right thereto, relocation fees, temporary fees for settlement and compensation, or house for transitional use, losses resulted from suspension of production or business, deadline for relocation, transitional mode and transitional period according to provisions of the Regulation and these Measures.

Once a compensation agreement is signed and effective and if any party fails to perform its obligations under the compensation agreement, the other party may file a lawsuit according to law.

Article 21 A practice of removal after compensation shall be followed in implementing the house expropriation.

After the people’s governments of cities divided into districts and counties (cities or districts) who make the house expropriation decision compensate a proprietor, the latter shall complete his/her relocation before the deadline as agreed in the compensation agreement or as determined in the compensation decision.

No entity or individual may force an expropriator to relocate by violence or threat, or by any illegal means, such as cutting off supply of water, heating, gas or electricity or road passage in violation of relevant provisions. A developer shall be prohibited from participating in any relocation activity.

Article 22 Where an expropriator fails to apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit and fails to relocate within the time limit as determined in the compensation decision, the people’s governments of cities divided into districts and counties (cities or districts) who make the expropriation decision shall apply to the people’s court for enforcement according to law.

A written application for enforcement shall be supported with documents indicating compensation amount, number of special deposit account, location and area of the house provided for exchange of property right thereto or the temporary dwelling and other relevant documents required by the people’s court.

Article 23 The house expropriation department shall establish records and files for house expropriation and compensation according to law, and make compensation for specific households known to the expropriators within the scope of expropriation.

An auditing organ shall strengthen the supervision on the management and use of compensation fees for expropriation, and publicize the auditing results.

 

Chapter IV Appraisal of Houses

 

Article 24 The value of the houses expropriated and the houses used for exchange of property right to the house shall be appraised by an eligible real estate price appraisal agency according to relevant appraisal measures for expropriation.

The department of housing and urban-rural development of this Province shall provide a list of eligible real estate price appraisal agencies on its website from the beginning of each year and expropriators may choose a real estate price appraisal agency through consultation within the specified time; expropriators can also choose eligible real estate price appraisal agencies in areas other than this Province within the specified time. If no agreement is reached through consultation within specified time, the house expropriation department shall arrange for expropriators to vote in accordance with the majority rules or openly take the lottery or other random measures to make the decision, and the result shall be made known to the public within the scope of expropriation.

Article 25 Any expropriator who raises objection to the appraised and determined value of the expropriated house shall apply with the original real estate price appraisal agency for reappraisal. Any expropriator who raises objection to the result of reappraisal shall apply with the real estate price appraisal expert committee for appraisal within 10 days after the date of receipt of the result. The said committee shall produce the identification result within 10 days.

Where an expropriator has objection to the identification result, the house expropriation department shall report the same to the people’s governments of cities divided into districts and counties (cities or districts) who make the expropriation and compensation decision in accordance with the Regulation and the expropriation and compensation plan, and make a compensation decision, then publicize it within the scope of expropriation. An expropriator who refuses to accept the decision shall apply for administrative reconsideration or file an administrative lawsuit according to law.

Article 26 A real estate price appraisal expert committee shall be established by the people’s governments of cities divided into districts or their real estate administration, and be submitted for filing purpose to the department of housing and urban-rural development of this Province. The members of the expert committee shall be chosen from the expert database of the department of housing and urban-rural development of this Province.

Article 27 All real estate price appraisal agencies, real estate appraisers and members of the real estate price appraisal expert committee shall carry out appraisal and identification of house expropriation on an independent, objective and impartial basis, and be responsible for their opinions on appraisal and identification. Real estate appraisers or members of the real estate price appraisal expert committee shall withdraw from matters related to the appraisal and identification if they have any interests with the house expropriation party.

Any real estate price appraisal agency shall submit the appraisal reports on expropriated houses and houses for exchange of property right to the house to the house expropriation department for the record.

Article 28 A house expropriation department shall choose several specimen houses for pre-appraisal respectively according to factors such as  location, purpose, building structure, conditions, built-up area, floor space and land use rights to the house before the expropriation and compensation plan is made.

When a house pre-appraisal is to be made, more than three real estate price appraisal agencies shall be arranged, in odd number, to appraise the specimen house, and choose the middle price from the appraisal results of all appraisal agencies as the pre-appraisal price of the specimen house.

Article 29 After a real estate price appraisal agency is selected or identified, the house expropriation department as the principal shall sign an authorization contract on house expropriation appraisal with the agency and produce a power of attorney regarding the house expropriation appraisal.

The power of attorney regarding the house expropriation appraisal shall clearly indicate items such as appraisal purpose, object and scope, requirement and date of authorization.

Article 30 The house expropriation department shall arrange for relevant departments to investigate conditions of expropriated houses and identify appraised objects prior to appraisal. The identification of appraised objects shall be conducted in a comprehensive and objective manner without any omission or fabrication.

The house expropriation department shall publicize the investigation results on the expropriated houses to the expropriators within the scope of house expropriation.

Article 31 The house expropriation department shall provide the authorized real estate price appraisal agency with the house conditions within the expropriation scope, including conditions of registered houses and results of the identification and treatment of any unregistered buildings and structures.

Article 32 With regard to a registered house, its nature, purpose and built-up area shall be subject to the description on the certificate of house ownership and housing register. If any difference between the certificate and the register occurs, the description on the housing register shall prevail unless there is evidence certifying errors exist on the certificate of house ownership. If the floor area on the certificate of house ownership agrees with that on the housing register but there is evidence certifying errors exist on the certificate of house ownership and the housing register, the house expropriation department shall arrange for the housing registration agency to verify the floor area, and the confirmed floor area shall prevail.

All the unregistered buildings and structures shall be appraised in accordance with the identification and processing results from the people’s governments of cities divided into districts and counties (cities or districts).

Article 33 The time point of the price appraisal on the expropriated house is the date on which the house expropriation decision is announced.

The time point of the price appraisal on houses used for exchange of property right shall be in consistency with that of the price appraisal on the expropriated houses.

Article 34 A real estate price appraisal agency shall arrange for the real estate appraisers to survey the expropriated house on the spot, investigate conditions of expropriated houses, take photos and produce videos that can reflect internal and external conditions of expropriated houses, make records of field survey and maintain them in good condition.

An expropriator shall assist the real estate appraisers arranged by the real estate price appraisal agency in field survey of expropriated houses and provide or help to collect necessary information for the price appraisal on expropriated houses.

The house expropriation department, expropriators and real estate appraisers shall sign their names on or affix their seals to the survey records. If an expropriator refuses to sign his/her name on or affix his/her seals to the survey records, such a situation shall be witnessed by the house expropriation department, real estate appraisers and the third party who has no related interests therewith, and the real estate appraisers shall describe  the relevant situation in the appraisal report.

Article 35 The costs for appraisal and identification of expropriated houses shall be borne by the principal. However, if the identification changes the original appraisal results, the costs for such identification shall be borne by the original real estate price appraisal agency. The costs for appraisal and review shall be borne by the original real estate price appraisal agency.

 

Chapter V Supplementary Provisions

 

Article 36 Anyone, in violation of provisions of the expropriation of houses on state-owned land and compensation, shall assume legal responsibility in accordance with the Regulation.

Article 37 The people’s governments of cities divided into districts and counties (cities or districts) may formulate their detailed rules for implementation according to these Measures.

Article 38 These Measures shall come into effect as of August 1, 2012. Any project(s), of which the building demolition and relocation permits have been obtained according to law prior to the implementation of the Regulation, shall continue to be governed by the original provisions, and the relevant people’s governments shall not order relevant departments to conduct forced demolition and relocation.