Article 1 These Measures are formulated in accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land and the actual situation of this Municipality in order to regulate the expropriation and compensation activities of houses on state-owned land, safeguard public interests and safeguard the legitimate rights and interests of the owners of houses to be expropriated.

Article 2 These Measures shall apply to the expropriation and compensation of houses on state-owned land in the municipal districts of this Municipality (including Jinan Hi-tech Industrial Development Zone).

Article 3 The municipal and district people's governments shall be responsible for the expropriation and compensation of houses on state-owned land within their respective jurisdictions.

The department determined by the municipal competent department of urban and rural construction and the district people's government (hereinafter referred to as the house expropriation department) is responsible for organizing the house expropriation and compensation work on state-owned land within its jurisdiction.

Development and reform, land and resources, planning, urban management and law enforcement, housing security management and other departments shall, in accordance with their duties, do a good job in the relevant work of housing expropriation and compensation on state-owned land.

Article 4 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation on state-owned land. The implementation unit of house expropriation shall not be for profit.

Article 5 The municipal house expropriation department shall regularly provide training on relevant laws, policies and professional knowledge to the personnel engaged in house expropriation and compensation.

Article 6 The Municipal People's Government shall commend the units or individuals that have made outstanding contributions to the expropriation and compensation of houses on state-owned land.

Chapter II Collection Decision

Article 7 If it is really necessary to expropriate houses under any of the following circumstances, the municipal and district people's governments shall make a decision on the expropriation of houses:

National defense and diplomatic needs;

(two) the needs of infrastructure construction such as energy, transportation and water conservancy organized and implemented by the government;

(3) 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 construction of affordable housing projects organized and implemented by the government;

(five) by the government in accordance with the city's urban and rural planning organization and implementation of dangerous buildings concentrated, backward infrastructure and other areas of the old city transformation needs;

(6) Other public interests as prescribed by laws and administrative regulations.

Article 8 The house expropriation department shall prepare the annual plan for house expropriation on state-owned land according to law. Construction projects such as affordable housing projects in areas where dangerous buildings are concentrated and infrastructure is backward, and the transformation of old urban areas need to be levied, which should be included in the annual plan for national economic and social development.

Article 9 If the project implementation unit needs to expropriate houses according to law, it shall apply to the house expropriation department and submit the following materials:

(a) the preliminary planning report of the project;

(2) Feasibility study report;

(three) the report on the implementation of resettlement houses and compensation funds.

The house expropriation department shall solicit the opinions of the development and reform, land resources and planning departments on whether the construction activities of houses to be expropriated conform to the national economic and social development plan, the overall land use plan, the urban and rural planning and the special planning. The departments of development and reform, land resources and planning shall issue written opinions within 10 working days after receiving the letter for soliciting opinions.

Tenth in line with the provisions of Article 7 (1) to (4) and (6) of these measures, the house expropriation department shall determine the scope of house expropriation according to the planning opinions of construction land.

In accordance with the provisions of Item (5) of Article 7 of these Measures, if houses need to be expropriated, the house expropriation department shall determine the scope of house expropriation in conjunction with the departments of development and reform, planning, land and resources, etc.

Eleventh house expropriation departments shall issue a notice of freezing within 3 days after the scope of house expropriation is determined.

Since the release of the freezing notice, no unit or individual may build, expand, rebuild or renovate houses and their attachments within the scope of expropriation, and may not change the use of houses and land.

When issuing the notice of freezing, the house expropriation department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension of relevant formalities shall specify the suspension period. The maximum suspension period shall not exceed 1 year.

After the house expropriation decision is made, the house expropriation department shall notify the relevant departments to stop handling the relevant procedures for the matters listed in the second paragraph of this article before the end of the project construction activities.

Twelfth since the date of the announcement of the freezing, any of the following acts shall not increase the compensation fee:

(a) the analysis and transfer of housing;

(2) Immigrant household registration and household registration. However, except for reasons such as marriage, childbirth, returning to China, soldiers retiring from active service, and being released from prison, the household registration must be moved in;

(three) to establish a new housing lease relationship and change the name of the public housing lease account;

(4) industrial and commercial registration of newly established and changed enterprises and registration of public institutions and social organizations;

(five) other acts that lead to improper increase of compensation fees.

Thirteenth house expropriation departments shall organize the investigation and registration of the ownership, location, use, construction area and supporting facilities of houses within the scope of house expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.

Fourteenth before the announcement of the compensation scheme, the urban management law enforcement department shall, in conjunction with the planning, housing security management and other departments, investigate, identify and deal with unregistered buildings within the scope of collection according to law. If it is recognized as a legal building, it shall be compensated; Those identified as illegal buildings will not be compensated.

Fifteenth house expropriation departments should draw up compensation plans and report them to the people's government at the same level, which will organize relevant departments to demonstrate and publish them to solicit public opinions. The time for soliciting opinions shall not be less than 30 days.

The compensation scheme includes the following contents:

(a) the legal basis for housing expropriation and compensation;

(2) The purpose of house expropriation;

(3) the scope of house expropriation;

(four) housing levy departments, housing levy implementation units, housing levy assessment agencies;

(five) the signing period of housing expropriation compensation;

(six) the way and calculation method of housing expropriation compensation;

(seven) the basic situation of the house for property rights exchange;

(8) Standards for rewards and various subsidies;

(nine) the transition mode and transition period of relocation;

(10) Other matters

Article 16 The municipal or district people's government will solicit opinions and timely revise the situation according to public opinions.

Due to the transformation of the old city, it is necessary to expropriate houses. If more than 50% 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 and the provisions of these Measures, the municipal and district people's governments shall organize a hearing attended by expropriated people and public representatives, and modify the scheme according to the hearing.

Seventeenth compensation fees mainly include funds for monetary compensation and houses for property rights exchange.

Funds used for monetary compensation, subsidies, incentives and other expenses shall be paid in full, stored in special accounts and earmarked before the house expropriation decision is made.

Houses used for property rights exchange shall meet the national quality and safety standards when delivered, with clear property rights and no burden of rights.

Article 18 Before the municipal and district people's governments make a decision on house expropriation, the house expropriation department shall organize social stability risk assessment as required; The decision of house expropriation involves a large number of people to be expropriated, which shall be discussed and decided by the executive meeting of the government.

Nineteenth municipal or district people's government shall make a public announcement in time after making a decision on house expropriation. The announcement shall specify matters such as the compensation plan for expropriation and the channels for rights relief.

Chapter III Compensation

Twentieth compensation methods include monetary compensation and property rights exchange.

Twenty-first compensation for the expropriated person includes:

(a) the value of the house to be expropriated

(two) the relocation and temporary resettlement expenses caused by the expropriation of houses;

(3) losses caused by expropriation of houses.

Twenty-second because of the transformation of the old city to levy personal housing, the expropriated person chooses to exchange the property rights of the houses in the transformation area, and the house expropriation department shall provide the houses in the transformation area or nearby areas.

Twenty-third the value of the house to be expropriated and the house used for property rights exchange shall be assessed and determined by a real estate price assessment agency with corresponding qualifications. The appraisal time is the date when the house expropriation decision is announced.

The specific measures for the implementation of the housing levy assessment shall be formulated by the municipal housing levy department according to law.

Article 24 The compensation value of the expropriated residential house shall be assessed and determined according to the market price of the newly-built ordinary commercial house where it is located, combined with the building structure, level, orientation, old and new degree, decoration and other factors of the expropriated house.

Twenty-fifth residential houses are subject to property rights exchange, and the indoor construction area of the property rights exchange houses shall generally not be less than the indoor construction area of the houses.

The house selected by the expropriated person according to the scope and standard stipulated in the expropriation compensation scheme, the price of the part whose public sharing area exceeds the public sharing area of the expropriated house shall be borne by the house expropriation department.

If the expropriated person chooses a house beyond the scope and standard stipulated in the expropriation compensation scheme, the price exceeding part of the interior construction area and the corresponding assessed area shall be calculated according to the assessed price of the property right exchange house and borne by the expropriated person.

Twenty-sixth expropriation of residential housing property rights exchange, the housing levy department shall, in accordance with the provisions of these measures, settle the difference between the amount of compensation for the expropriated housing and the value of the property rights exchange housing.

Twenty-seventh expropriation of public residential houses in accordance with the rent standards stipulated by the government, and the expropriated person and the lessee reach an agreement, the house expropriation department shall make compensation according to the agreement between the two parties; If the expropriated person and the lessee fail to reach an agreement, the house expropriation department shall exchange the property rights, and the original lease relationship shall remain unchanged. Specific measures shall be formulated separately.

Article 28 If the expropriated person or public housing tenant has only one house, and the construction area is less than 46 square meters, the house expropriation department shall arrange housing according to the minimum residential design area stipulated by the state (hereinafter referred to as the minimum Xing Tao area standard) or make monetary compensation according to the construction area of 46 square meters.

The implementation of the nearest lot reconstruction or resettlement, the price difference within the minimum Xing Tao area standard shall be borne by the housing levy department; The price exceeding the minimum Xing Tao area standard corresponding to this area shall be borne by the expropriated person or the lessee of public housing. After the settlement of the price difference, the property right of the house belongs to the expropriated person or the lessee of the public house.

In the case of resettlement in different places, a considerable number of houses are resettled according to the compensation value of the building area of 46 square meters. If there is a price difference between the expropriated house and the resettlement house, the price difference will be settled.

The house expropriation department shall publicize the expropriated person or public housing tenant who enjoys the conditions specified in the preceding paragraph within the scope of expropriation and accept social supervision.

Twenty-ninth in any of the following circumstances, the expropriated person or the lessee of public housing does not enjoy the standards stipulated in the first paragraph of Article twenty-eighth of these measures:

(a) the expropriated person or public housing tenant (including spouse) has another residence outside the scope of expropriation (only in the urban planning area of this Municipality), and there is the act of selling or transferring the housing reform;

(two) the certificate issued by the unit or the street office where the house is located that the expropriated person or the lessee of public housing does not live here;

(three) there are objections to the publicity, and it is verified that it does not meet the conditions;

(four) the expropriated person or the lessee of public housing has enjoyed the minimum living standard treatment in Xing Tao;

(five) the expropriated person who enjoys the minimum living standard treatment in Xing Tao or the lessee of public housing fails to sign a compensation agreement with the housing expropriation department within the signing period without justifiable reasons.

Thirtieth the monetary compensation price of the expropriated non-residential house shall be determined by reference to the evaluation of the similar real estate market price in the place where the expropriated house is located on the date of the announcement of the house expropriation decision.

Thirty-first expropriation of non-residential housing monetary compensation, the housing levy department shall pay compensation to the expropriated person in accordance with the price determined in Article 30 of these measures.

The expropriation of non-residential houses and the exchange of property rights shall conform to the national industrial policy, land supply policy and project planning. Specific measures shall be formulated separately.

Article 32 If the owner of the expropriated non-residential house chooses to expropriate land, he may apply to the house expropriation department within 10 days after the announcement of the expropriation compensation scheme. The house expropriation department shall, within 3 days from the date of receiving the application, hand it over to the municipal land purchasing and storage institution.

The municipal land purchasing and storage institution shall give a reply within 05 days after receiving the application transferred from the house expropriation department. If you agree to the acquisition, you will enter the acquisition process; Do not agree to the acquisition or failed to reach an acquisition agreement, by the housing levy department in accordance with these measures.

Thirty-third expropriation of public non-residential houses rented in accordance with the rent standards stipulated by the government, the expropriated person and the lessee reach an agreement, and the house expropriation department shall make compensation according to the agreement between the two parties; If the expropriated person and the lessee fail to reach an agreement and meet the conditions for property rights exchange, the house expropriation department may exchange property rights, and the original lease relationship remains unchanged; If the expropriated person and the lessee fail to reach an agreement and do not meet the conditions for property right exchange, the house expropriation department shall make monetary compensation. Specific measures shall be formulated separately.

Thirty-fourth unauthorized use of residential houses within the scope of collection to engage in business activities, according to the nature of the original housing property registration.

Before the implementation of these measures, if residential houses are used for business activities, and the business license is consistent with the place where the houses are registered and there is a tax payment record, the compensation shall be appropriately increased according to the actual business area and the length of tax payment. Specific measures shall be formulated separately.

Thirty-fifth there is a dispute over the property right or the right to use the expropriated house, which has not been resolved within the signing period, and the house expropriation department shall temporarily resettle the current users of the expropriated house.

Article 36 The expropriation of houses with mortgage rights shall be carried out in accordance with the laws and regulations of the state on guarantee.

Article 37 The expropriation of houses involving military facilities, churches, temples, cultural relics and historic sites shall be handled in accordance with the provisions of relevant laws and regulations.

Article 38 The house expropriation department shall sign a house expropriation compensation agreement with the expropriated person and the lessee of public housing. The main contents include compensation method, compensation amount, location and area of the house used for property rights exchange, relocation expenses, temporary resettlement expenses or turnover houses, losses caused by suspension of production and business, relocation period, transition mode and transition period, and liability for breach of contract.

Article 39 If the expropriated person chooses monetary compensation, the house expropriation department shall pay the expropriated person a temporary resettlement fee of six months.

If the expropriated person chooses to exchange the property rights of the house and solve the turnover house by himself during the transition period, the house expropriation department shall pay the temporary resettlement fee on a monthly basis; By the housing levy department to solve the housing turnover, do not pay temporary resettlement fees. If the transition period is extended due to the responsibility of the house expropriation department, the temporary resettlement fee will be doubled from the overdue month, and the temporary resettlement fee will be paid monthly from the overdue month.

The house expropriation department shall pay the relocation fee to the expropriated person.

Fortieth house expropriation departments shall give appropriate rewards to the expropriated persons and public housing tenants who move on schedule, move ahead of schedule or choose monetary compensation. Specific measures shall be formulated separately.

Forty-first, the implementation of housing expropriation should be compensated first, and then moved.

After the house expropriation department gives compensation, the expropriated person and the public housing tenant shall complete the relocation within the time limit agreed in the compensation agreement or determined by the compensation decision.

No unit or individual may force the expropriated person and the public housing tenant to move by violence, threat or interruption of water supply, heat supply, gas supply, power supply, road traffic and other illegal means. Construction units are prohibited from participating in relocation activities.

Article 42 If the house expropriation department fails to reach a compensation agreement with the expropriated person or public housing tenant within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unclear, the house expropriation department shall report to the people's government at the same level to make a compensation decision according to law, and make an announcement within the scope of house expropriation.

Article 43 If the expropriated person or lessee of public housing fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the time limit stipulated in the compensation decision, the municipal or district people's government shall apply to the people's court for compulsory execution according to law.

Forty-fourth house expropriation departments shall establish compensation files for house expropriation according to law, and disclose the results of household compensation to the expropriated person and the public housing tenant within the scope of house expropriation.

Audit institutions shall strengthen supervision over the management and use of compensation fees.

Forty-fifth housing levy implementation units shall, within 30 days from the date of acceptance of house demolition, go through the cancellation registration procedures of the expropriated house at the housing security management department and return the original house ownership certificate.

If houses are expropriated according to law, the implementation unit of house expropriation shall, within 30 days from the date of acceptance of house demolition, go through the formalities for cancellation of registration of land use right at the land and resources management department and return the original land ownership certificate.