Details of the Implementation Rules of Ningbo Municipality on Expropriating Collectively Owned Land and House Demolition Regulations

Article 1 These Detailed Rules are formulated in accordance with the Regulations of Ningbo Municipality on House Demolition by Expropriating Collectively Owned Land (hereinafter referred to as the Regulations).

Article 2 In the administrative area of this Municipality, the demolition of houses and their ancillary facilities due to the expropriation of collectively owned land, and the compensation and resettlement of the demolished persons shall be observed in the Regulations and these Detailed Rules.

Article 3 The county (city) and district people's governments shall, in accordance with the provisions of Article 4 of the Regulations, set up or designate institutions to carry out the house demolition work on collectively owned land, which shall be institutions with independent legal personality and uniformly carry out the house demolition work on collectively owned land within their respective administrative areas.

Article 4 The management committees of Ningbo Economic and Technological Development Zone, Daxie Development Zone and High-tech Industrial Park shall, in accordance with the authorization of the people's government at the county level, perform the relevant duties as stipulated in the Regulations and these Detailed Rules, and do a good job in the management of house demolition of collectively owned land in the region.

The land management departments of Ningbo Economic and Technological Development Zone, Daxie Development Zone and Hi-tech Industrial Park are responsible for the management and supervision of collectively owned land and house demolition in their respective jurisdictions.

Chapter II Demolition Management

Fifth approval of collective land housing demolition implementation plan, the demolition shall submit the following materials:

(a) the approval document of the land acquisition plan;

(2) planning the red line map;

(three) the implementation plan of house demolition;

(four) demolition compensation and resettlement funds or resettlement housing, resettlement land implementation documents.

Sixth housing demolition compensation and resettlement funds shall be implemented in full according to the project budget, and stored in a special account in full according to the project demolition progress. Resettlement housing and relocation land can be included in the physical discount.

Seventh demolition compensation and resettlement plan announced to the demolition should include the following contents:

(a) the scope of demolition;

(two) the object and conditions of compensation and resettlement;

(three) no compensation and resettlement;

(four) the way and standard of compensation and resettlement;

(5) Arrangements for resettlement houses and land for relocation;

(six) the transition mode and duration;

(seven) the relocation period;

(eight) other contents required by the land administrative department.

Eighth "Regulations" mentioned in article thirteenth of the other organizations with the corresponding demolition capacity include:

(a) demolition units with housing demolition qualification;

(two) the county (city), the District People's government approved the demolition of an independent legal person.

Article 9 If the demolisher and the demolished cannot reach an agreement on the compensation and resettlement mode, compensation standard, resettlement area, relocation period, transition mode and transition period within the relocation period determined in the demolition announcement, they may apply to the local county (city) or district people's government for a ruling.

Article 10 An applicant for an award shall submit the following materials:

(a) the application for the ruling of house demolition;

(2) the identity certificate of the legal representative;

(three) the demolition of housing ownership certification materials;

(4) Surveying and mapping data of the demolished houses;

(five) the evaluation data of the demolished houses;

(six) the compensation and resettlement plan for the respondent;

(seven) the record of consultation between the applicant and the respondent;

(eight) other materials that the ruling authorities think should be submitted.

Eleventh people who are taken to apply for a ruling shall submit the following materials:

(a) the application for the ruling of house demolition;

(two) the identity certificate of the person being taken;

(three) the ownership certificate of the house to be demolished;

(four) the reasons for applying for the award and the relevant certification materials;

(5) Other materials that the adjudication organ thinks should be submitted.

Twelfth county (city), the District People's government shall, within 5 working days from the date of receiving the application for adjudication, review the application and related evidence and materials, and make a decision on whether to accept it. In any of the following circumstances, it will not be accepted:

(a) to raise objections to the approved implementation plan of house demolition on collective land;

(two) the applicant or the respondent is not a demolition party;

(three) a contract dispute occurred after the demolition parties reached an agreement on compensation and resettlement, or after the demolition ruling was made, the parties applied for a second ruling on the same matter;

(four) the house has been lost;

(5) The demolished house is an illegal building;

(six) other circumstances that the ruling authority considers inadmissible according to law.

Thirteenth if the application is not accepted, the ruling organ shall notify the applicant in writing within 5 working days from the date of accepting the application.

If the adjudication organ decides to accept the application, it shall serve a copy of the application to the respondent within 5 working days from the date of accepting the application for adjudication. The respondent shall, within 7 days from the date of receiving the copy, submit a written defense to the adjudication organ and submit relevant evidential materials. Failure to reply within the time limit will not affect the ruling. The adjudication organ shall make a ruling according to law within 30 days from the date of accepting the application for adjudication.

Fourteenth in any of the following circumstances, the county (city) and District People's governments shall suspend the ruling and inform the parties in writing:

(a) found that the facts need to be verified;

(two) the ruling needs to be based on the relevant ruling or court judgment, and the relevant case has not been closed;

(three) the applicant who is a natural person dies and needs to wait for his close relatives to indicate whether to participate in the ruling;

(four) due to force majeure or other special circumstances need to suspend.

After the factors that suspended the award are eliminated, the award shall be resumed. The suspension time is not counted in the ruling time limit.

Fifteenth in any of the following circumstances, the county (city) and District People's governments shall terminate the ruling and inform the parties in writing:

(a) after accepting the application for an award, the parties reach an agreement on their own;

(2) It is found that the applicant or the respondent is not a party to the award;

(three) the applicant is a natural person, the applicant died, and his close relatives did not express their participation in the award or gave up participating in the award within 15 days;

(four) the applicant withdraws the application for award.

Article 16 If a party refuses to accept the award, he may apply for administrative reconsideration according to law within 60 days from the date of receiving the award, or bring an administrative lawsuit to the people's court within 3 months from the date of receiving the award.

Seventeenth land administrative departments should establish and improve the management system of demolition files, and strengthen the management of demolition files.

Housing demolition archives include relevant approval documents, demolition plans, demolition plans and their adjustment data, demolition compensation and resettlement agreements and settlement data, and other files related to demolition; Among them, the approval document for expropriation of collectively owned land, the specific plan for compensation and resettlement for demolition and the demolition announcement issued shall allow public inquiry.

Chapter III General Provisions on Compensation and Resettlement

Eighteenth buildings and temporary buildings that have not obtained the certificate of legal collective construction land use right or the certificate of the source of housing ownership within the scope of demolition must be demolished by themselves within the relocation period stipulated in the demolition announcement without compensation. If it is not removed within the time limit, it shall be forcibly removed according to the law in accordance with illegal buildings.

The source documents of house ownership mentioned in the preceding paragraph include:

(a) all of the housing;

(two) the approval documents of rural villagers to build houses;

(three) the approval documents of the collective construction land in villages and towns;

(4)1982 February 13 houses before the implementation of the "Regulations on the Administration of Rural Construction Land" in the State Council shall be certified and verified by the township (town) people's government and sub-district offices;

(five) other documents issued by the county (city) and district land and planning administrative departments according to law.

Nineteenth demolition should be the ownership of the house to be demolished and the compensation and resettlement area should be publicized within the scope of demolition; Without publicity, it shall not be used as the basis for compensation and resettlement. The publicity time shall not be less than 10 days.

During the publicity period, if there is any objection to the publicity content, the objector may submit it to the local land, planning and other administrative departments, and the relevant departments shall verify and confirm the housing ownership and the compensatable resettlement area according to law.

Article 20 If the house demolition needs price assessment, the land administrative department shall announce the demolition compensation assessment items to the public, and the legally qualified real estate assessment agencies shall register within the prescribed time limit, and under the public supervision of the demolition and demolition representatives, an assessment agency will be randomly generated from the qualified real estate assessment agencies, and the demolition and the assessment agency will sign an entrusted assessment agreement; The cost of the assessment shall be borne by the residents.

The evaluation institution shall provide the client with the overall evaluation report and household report of all the houses being evaluated as agreed. The appraisal report must be signed by a registered real estate appraiser or a land price appraiser, and sealed by the appraisal institution.

Twenty-first real estate appraisal institutions shall publicize the name, valuation factors, valuation basis, valuation price and other major information of the demolished within the scope of demolition, and accept social supervision. The publicity time shall not be less than 10 days.

If the demolition party has any objection to the evaluation results, it shall apply in writing to the original evaluation institution for review within the publicity period, and the original evaluation institution shall issue a written review result within 5 working days after receiving the written application; If the parties still have objections to the review results, they may apply to the land administrative department for a ruling in writing within 10 days from the date of receiving the review results. After accepting the application for adjudication, the adjudication department may request the real estate appraisal expert committee to appraise the appraisal results, and the appraisal conclusion issued by the real estate appraisal expert committee can be used as the basis for adjudication. The ruling department shall make a written ruling within 30 days from the date of accepting the ruling.

Twenty-second people to provide resettlement housing delivery shall comply with the relevant national and provincial norms and design requirements and engineering quality standards, and in accordance with the provisions of the pre-registration card for property rights.

Article 23 If the demolished choose monetary resettlement, if they buy resettlement houses within the county (city) or district administrative area within five years from the date of obtaining compensation funds (where the demolished houses are within the administrative areas of Haishu District, jiangdong district District and Jiangbei District, and the demolished people buy resettlement houses within the administrative areas of Haishu District, jiangdong district District and Jiangbei District), the house deed tax of the compensation funds for monetary resettlement can be deducted.

Chapter IV Compensation and Resettlement for Residential and Non-residential Houses

Twenty-fourth county (city), the District People's government shall, according to the requirements of the overall land use planning, urban planning, village and market town planning, determine the location suitable for relocation and resettlement within their respective administrative areas, and publish it.

If the house to be demolished is within the published land suitable for relocation and resettlement, and meets the application conditions of homestead, you can choose to relocate and resettle. If you choose relocation and resettlement, you cannot choose other resettlement methods at the same time.

Twenty-fifth residential buildings for the demolition and resettlement standards, one of the following circumstances, should be combined with the calculation of housing construction area:

(1) The house with another set of collectively-owned land owned by the demolished person (including the house with the original collectively-owned land that has been sold, donated or analyzed after the implementation of the Regulations on the Administration of Rural Construction Land in the State Council in February 2003 1982+03);

(two) to obtain the approval of residential houses on state-owned land in the form of homestead;

(three) the family has a fixed residence and the actual population is more than two, and the property rights of the house belong to one or more of them.

Twenty-sixth people who meet the minimum resettlement standards shall receive and fill in the Application Form for Minimum Resettlement Standards from the residents. The application form shall be signed by the village (neighborhood) committee, submitted to the people's government of the town (township) and audited by the street office, and publicized by the demolisher within the scope of demolition. The publicity period shall not be less than 10 days.

During the publicity period, if there is any objection to the publicity content, the objector may raise an objection to the demolition, and the demolition shall verify it.

Article 27 The minimum resettlement standards stipulated in Article 28 of the Regulations shall be determined in Haishu District, jiangdong district District and Jiangbei District according to the construction area of 30 square meters per household; Other counties (cities) and districts' demolition and resettlement standards shall be determined and promulgated by other counties (cities) and district people's governments.

City, county (city) and District People's governments may appropriately adjust the minimum resettlement standard according to the local economic and social development.

Article 28 The average price of commercial housing stipulated in Item (3) of Article 30 and Article 31 of the Regulations shall be the average price of commercial housing with the same housing level as the location of the house to be demolished, which was determined and announced by the administrative departments of price, land and real estate in zhenhai district, Beilun District and Yinzhou District last month.

The average price of commercial housing stipulated in Item (4) of Article 30 of the Regulations refers to the average price of commercial housing in the same lot and housing grade in the resettlement houses delivered by cities, counties (cities) and zhenhai district, Beilun District and Yinzhou District.

Due to the market and other reasons, the local administrative departments of price, land and real estate cannot determine the average price of commercial housing with the same housing level as the resettlement housing, and the county (city) and district people's governments shall announce the market guidance price of resettlement housing as the average price of commercial housing before the end of March each year.

Article 29 Item (2) of Article 30 and Item (2) of Paragraph 1 of Article 31 of the Regulations shall be merged into a newly increased proportion according to the replacement price. If the demolished houses are brick-concrete and steel-concrete structures, the first, second, third and fourth grade lots in Haishu District, jiangdong district and Jiangbei District shall be calculated as 200%, and the outside of the fourth grade lots shall be calculated as 150%. The demolished houses are of other structures, and the first, second, third and fourth grade lots in Haishu District, jiangdong district and Jiangbei District are calculated as 300%, and those outside the fourth grade lots are calculated as 250%.

The replacement price of houses demolished in other counties (cities) and districts will be merged into a newly increased proportion, which will be determined and announced by the people's governments of other counties (cities) and districts.

Thirtieth "Regulations" in Article 31, paragraph 1 (3) of the demolition of residential houses and then increase the specific proportion of compensation funds, the demolition of houses in Haishu District, jiangdong district, Jiangbei District, calculated at 5%; In the administrative areas of other counties (cities) and districts, it shall be determined and promulgated by the people's governments of other counties (cities) and districts.

Thirty-first demolition of residential buildings, demolition of transitional housing, no longer pay temporary transitional subsidies. If the demolisher fails to provide the resettlement housing beyond the transitional period agreed in the demolition compensation and resettlement agreement, in addition to continuing to provide the transitional housing, the temporary transitional subsidy shall be paid separately according to the prescribed standards from the overdue month.

The implementation of resettlement, the demolition of their own to solve the transitional housing, the demolition should be taken from the relocation of housing to resettlement housing delivery within four months, in accordance with the provisions of the standard to pay temporary transitional subsidies. If the demolisher fails to provide the resettlement house within the transitional period stipulated in the demolition compensation and resettlement agreement, the temporary transitional subsidy shall be paid twice the prescribed standard from the overdue month.

Monetary resettlement or relocation, the demolition of people to solve the transitional housing, from the signing of the relocation compensation and resettlement agreement and pay the corresponding relocation costs of the month, the demolition of people in accordance with the provisions of the standard to pay six months of temporary transitional subsidies.

Thirty-second demolition of non-residential housing monetary resettlement, compensation according to the local real estate market evaluation price, the amount of monetary compensation by real estate appraisal agencies according to the market comparison method. When the market comparison method cannot be used due to the lack of sufficient market transaction cases, the cost method and other valuation methods are used for evaluation.

Thirty-third demolition of non-residential houses, the demolition in accordance with the provisions of the payment of monetary resettlement compensation funds, the demolition needs to build houses, the required land and transitional housing by the demolition themselves.

Thirty-fourth demolition in accordance with the "Regulations" and the provisions of these rules for resettlement compensation, the demolition of the old materials owned by the demolition.