Measures of Wuhan Municipality on the Administration of House Demolition by Requisition of Collectively Owned Land

chapter I general provisions article 1 these measures are formulated in accordance with the law of the people's Republic of China on land and land administration, the regulations for the implementation of the law of the people's Republic of China on land and land administration, the procedures for the implementation of land administration in Hubei province and other laws and regulations, in combination with the actual situation of this municipality, in order to standardize the management of house demolition on collectively owned land, ensure the smooth progress of urban construction and safeguard the legitimate rights and interests of the parties involved in demolition. Article 2 These Measures shall apply to the demolition of houses on the expropriated collective land in this Municipality, and compensation and resettlement are needed for the demolished people. Article 3 The term "demolisher" as mentioned in these Measures refers to the land unit that has obtained the relevant approval documents for the use of collectively owned land according to law. Demolition refers to the legal owner of the demolished house and its attachments. Article 4 The municipal land administrative department is in charge of the management of house demolition and relocation of collective-owned land requisitioned in this Municipality, and is also responsible for the implementation of the management of house demolition and relocation of collectively-owned land requisitioned in Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan, Hongshan District, Wuhan Economic and Technological Development Zone and Wuhan East Lake New Technology Development Zone.

The land administrative departments of Dongxihu, Hannan, Caidian, Jiangxia, Xinzhou and huangpi district are responsible for the implementation of the management of house demolition in the area where collectively-owned land is requisitioned.

the district and township (town) people's governments, sub-district offices, village (neighborhood) committees and relevant government departments where the demolished people are located shall, according to their respective responsibilities, cooperate with and support the land administrative departments to do a good job in demolition management. Chapter II Management of Demolition Article 5 After obtaining the approval document for land requisition, the land-using unit may apply to the land administrative department to suspend the following matters within the scope of land use:

(1) Newly approved homestead and other construction land;

(2) examining and approving the construction, renovation and expansion of houses;

(3) immigration and household separation in registered permanent residence;

(4) Go through the registration formalities in industrial and commercial registration with the demolished house as the registered address;

(5) change the use of houses and land.

after the land administrative department approves the application of the land-using unit, it shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph, and make an announcement within the scope of land use. The time limit for suspending the handling of relevant matters shall be counted from the date of announcement, and the longest period shall not exceed 12 months.

during the suspension period, if the matters listed in the first paragraph of this article are handled without authorization, it will not be recognized when the house is demolished.

during the suspension period, if it is really necessary for retired soldiers, retirees, college students, ex-prisoners and reeducation-through-labor personnel to return to their original places and meet the household registration management regulations, they can go to registered permanent residence, the public security department to move in. Registered permanent residence, the public security department, should report to the land administrative department in time after moving in. Article 6 After the announcement of the land acquisition plan, the land-using unit shall draw up an implementation plan for house demolition compensation and resettlement within the scope of the expropriated land according to the land acquisition plan and report it to the land administrative department. The implementation plan of compensation and resettlement for house demolition should include the following contents:

(1) The situation of house demolition within the scope of land acquisition;

(2) the demolition period;

(3) demolition methods;

(4) the mode and duration of resettlement;

(5) Houses needed for physical reconstruction and relevant materials and certificates;

(6) proof of compensation and resettlement funds and use plan;

(7) Other opinions related to compensation and resettlement for house demolition. Seventh land administrative departments should review the implementation plan of housing demolition compensation and resettlement submitted by the demolition, and announce it together with the compensation and resettlement plan for land acquisition, and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated. After the compensation and resettlement plan is approved, it shall be organized and implemented by the land administrative department.

The implementation of house demolition shall not exceed the approved scope and duration of demolition. Article 8 Within the relocation period stipulated in the announcement of the land administrative department, the demolisher and the demolished shall sign an agreement on compensation and resettlement for house demolition in accordance with the provisions of these Measures and the approved compensation and resettlement plan. The agreement shall clearly specify the compensation form, compensation standard, resettlement method, relocation period, temporary resettlement transition period, liability for breach of contract, etc.

both parties shall abide by the demolition compensation and resettlement agreement signed according to law, and neither party may change the contents of the agreement without authorization. The model text of the ninth demolition compensation and resettlement agreement shall be formulated by the municipal land administrative department. Tenth in the notice of the demolition period, the demolition and relocation of people can not reach an agreement on compensation and resettlement, according to the relevant provisions of the state and province. Chapter III Compensation and Resettlement for Demolition Article 11 For residential houses within the Central Ring Road of demolition, the demolished person may choose monetary compensation and resettlement or resettlement by means of house property right exchange; Conditional, approved according to law, can be concentrated by rural collective economic organizations to build multi-storey residential resettlement; If it is really necessary to engage in agricultural production and the per capita agricultural land reaches or exceeds the per capita cultivated land in the city, and meets the conditions for the examination and approval of homestead, it may apply for the examination and approval of homestead resettlement.

For the residential houses outside the Central Ring Road, the residents can choose monetary compensation, property rights exchange or another homestead for resettlement. Conditional, but also by the rural collective economic organizations in accordance with the farmer community model, unified centralized resettlement. Twelfth monetary compensation and resettlement, the demolition should pay compensation to the demolition. The compensation is determined according to the replacement price of the demolished house and the location compensation price of the homestead. Housing replacement price standards shall be formulated by the municipal price administrative department in conjunction with the real estate department.

the compensation price of homestead location is determined according to different locations. The location of homestead in Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan, Hongshan District, Wuhan Economic and Technological Development Zone and Wuhan East Lake New Technology Development Zone can be divided into three categories according to the loop determined by Wuhan city master plan: the first category is the area within the second loop (including the second loop), the second category is the area between the second loop and the third loop (middle loop), and the third category is the third loop (middle loop). The specific compensation price standard shall be formulated by the municipal price administrative department in conjunction with the municipal land administrative department.

the location of homestead and its compensation price standard within the scope of Dongxihu, Hannan, Caidian, Jiangxia, Xinzhou and huangpi district shall be formulated by the people's governments of all districts and reported to the municipal price administrative department and the municipal land administrative department for approval.

in case of monetary compensation and resettlement, the demolished person is eligible to purchase affordable housing.