The State Council solicits public opinion on the regulations on housing expropriation and compensation

January 29, 2010 China News Network

Beijing, Jan. 29 (Xinhua) the Legislative Affairs Office of the State Council today published the regulations on housing expropriation and compensation on state owned land (Draft for comments) (hereinafter referred to as the draft for comments) on its official website to solicit opinions from all walks of life.

The draft for comment consists of five chapters and forty-one articles, which clearly stipulate the scope of application, expropriation procedures, expropriation compensation, demolition not required by public interests, etc.

Relevant units and people from all walks of life can put forward their opinions in the following three ways before February 12, 2010: (1) log in to the "Chinese government legal information network" (website: www.chinalaw.gov.cn), and put forward their opinions on the draft for comments through the "comments collection system for draft regulations and rules" on the left side of the home page of the website. （2） Send the comments by letter to: P.O. Box 1750, Beijing (postal code: 100017), and please indicate the words "soliciting comments on the regulations on housing expropriation and compensation on state-owned land" on the envelope. （3） Email comments to: fwzs@chinalaw.gov.cn 。

The following is the full text of the exposure draft:

Regulations on housing expropriation and compensation on state owned land (Draft for comments)

general provisions 

Article 1 These Regulations are formulated in accordance with the property law and the decision of the Standing Committee of the National People's Congress on Amending the law of the people's Republic of China on the administration of urban real estate in order to regulate the expropriation and compensation of houses on state-owned land, safeguard public interests and protect the legitimate rights and interests of the expropriated.

Article 2 These Regulations shall apply to the expropriation of the houses of units and individuals on state-owned land and the compensation to the owners of the expropriated houses (hereinafter referred to as the expropriated persons) for the needs of the public interest.

Article 3 the public interest needs mentioned in these Regulations include:

（1） The need for the construction of national defense facilities;

（2） The needs of public utilities such as energy, transportation and water conservancy, which are supported by the state and included in the plan;

（3） The needs of public utilities such as science and technology, education, culture, public health, sports, environmental and resource protection, cultural relics protection, social welfare, municipal public utilities, etc., which are mainly supported by the state and included in the plan;

（4） In order to improve the living conditions of families with low-income housing difficulties, the construction of low rent housing and affordable housing organized and implemented by the government;

（5） In order to improve the living conditions of urban residents, the transformation of dilapidated houses organized and implemented by the government;

（6） The need for the construction of office space for state organs;

（7） Other public interests as stipulated by laws, administrative regulations and the State Council.

Article 4 the principles of democratic decision-making, proper procedures, fair compensation and open results shall be followed in the expropriation and compensation of houses.

Article 5 the local people's governments at or above the county level shall be responsible for the collection and compensation of houses in their respective administrative areas.

The housing expropriation departments stipulated by the local people's governments at or above the county level shall organize the implementation of housing expropriation and compensation.

The relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of these regulations and the division of responsibilities stipulated by the people's governments at the corresponding levels, cooperate with each other to ensure the smooth progress of the housing expropriation and compensation work.

Article 6 the people's governments at higher levels shall strengthen the supervision over the house expropriation and compensation work of the people's governments at lower levels.

The competent construction Department of the State Council and the competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, together with the finance, land and resources and other relevant departments at the same level, strengthen the guidance on the implementation of housing expropriation and compensation.

Article 7 Any organization or individual shall have the right to report any act in violation of the provisions of these regulations to the relevant people's government, the housing expropriation department and other relevant departments. The relevant people's governments, housing expropriation departments and other relevant departments that have received the reports shall verify and handle the reports in a timely manner, and notify the informants of the handling results.

Chapter II collection procedures

Article 8 Where a local people's government at or above the county level expropriates a house for the public interest, it shall make a decision on the expropriation of the house in accordance with the provisions of these regulations.

Article 9 before making a decision on house expropriation, the local people's government at or above the county level shall organize the relevant departments of development and reform, urban and rural planning, land and resources, environmental protection, cultural relics protection and construction to demonstrate the purpose, scope and implementation time of house expropriation.

Article 10 the local people's governments at or above the county level shall, after organizing relevant departments to demonstrate, announce the purpose, scope and implementation time of house expropriation, and solicit the opinions of the expropriated, the public and experts through demonstration meetings, hearings or other means. The announcement time shall not be less than 30 days; However, if the scope of house expropriation is relatively large, the announcement time shall not be less than 60 days.

If the matters announced involve state secrets, the provisions of the relevant confidentiality laws and administrative regulations shall be observed.

The local people's governments at or above the county level shall make public in a timely manner the adoption, rejection and reasons of the opinions of the people, the public and experts who have been expropriated.

Article 11 after the announcement of the scope of house expropriation, the following activities shall not be carried out within the scope of house Expropriation:

（1） New construction, expansion and reconstruction of houses;

（2） Change of house and land use;

（3） Move into household registration or separate household.

The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspension of relevant procedures shall specify the period of suspension. The maximum suspension period shall not exceed 1 year.

Article 12 if there is no major dispute after soliciting the opinions of the person to be expropriated, the public and experts, the local people's government at or above the county level shall make a decision on house expropriation; If there is a major dispute, the local people's government at or above the county level shall report it to the people's government at the next higher level for adjudication, and then make a decision on house expropriation.

Where a house is expropriated, the right to the use of state-owned land shall be recovered according to law.

Article 13 Where a house needs to be expropriated due to the renovation of an old and dilapidated house, the local people's government at or above the county level shall, on the basis of organizing relevant departments to demonstrate, solicit the opinions of the person whose house is expropriated. If more than 90% of the requisitioned people agree to carry out the renovation of dilapidated and old houses, the local people's government at or above the county level may make a decision on house expropriation; If the consent of 90% of the persons to be expropriated is not reached, no decision on house expropriation shall be made.

The local people's governments at or above the county level shall publish the information on Soliciting Opinions in a timely manner.

Article 14 the local people's governments at or above the county level shall announce the decision on house expropriation. The announcement shall clearly state the purpose of house expropriation, the scope of house expropriation, the time of implementation, and the rights of administrative reconsideration and administrative litigation.

The local people's governments at or above the county level and their housing expropriation departments shall promptly publicize and explain the decisions on housing expropriation.

Article 15 if the person whose house is expropriated and the interested parties related to the decision on house expropriation are not satisfied with the decision on house expropriation made by the local people's government at or above the county level, they may apply for administrative reconsideration according to law, or they may bring an administrative lawsuit to the people's court according to law.

Article 16 Where the expropriation of houses involves national defense facilities, cultural relics and historic sites, historical buildings and places for religious activities, the provisions of relevant laws and regulations shall be observed.

The legitimate rights and interests of the mortgagee shall be protected in accordance with law in the expropriation of a house with mortgage.

Article 17 the housing expropriation department shall establish and improve the management system of housing expropriation archives and strengthen the management of housing expropriation archives.

Chapter III compensation

Article 18 the local people's government at or above the county level that has made the decision on house expropriation shall, in accordance with the provisions of these regulations, compensate the person whose house is expropriated.

Article 19 the form of compensation may be monetary compensation, exchange of house property rights, or a combination of monetary compensation and exchange of house property rights.

If a house needs to be expropriated and residential construction is carried out due to the renovation of a dilapidated house, the expropriated person shall have the right to move back.

In addition to the provisions of Article 29 of these regulations, the expropriated person may choose the way of compensation.

Article 20 the amount of monetary compensation shall be determined at the assessed price of the real estate market according to the location, purpose, building structure, degree of newness, building area and other factors of the house to be expropriated.

The real estate market appraisal price of the house to be expropriated shall be determined by a real estate price appraisal institution with corresponding qualifications in accordance with the real estate appraisal specifications and relevant provisions, but shall not be lower than the market transaction price of similar real estate on the date when the decision on house expropriation takes effect.

The real estate price appraisal institution shall be determined by the person to be expropriated by voting, drawing lots, etc.

Article 21 a real estate price appraisal institution shall independently, objectively and impartially determine the real estate market appraisal price of the house to be expropriated, and shall be responsible for the legality, authenticity and rationality of the appraisal report issued.

The house expropriation department shall provide the real estate price appraisal institution with the investigation results specified in the first paragraph of Article 24 of these regulations.

No unit or individual may interfere in the compensation and appraisal work.

Article 22 Where a house property right exchange is selected, the price of the house to be expropriated and the price of the house to be exchanged shall be calculated in accordance with the provisions of Article 20 of these regulations, and the difference between the prices of the house to be exchanged shall be settled.

The property right exchange house shall conform to the national quality and safety standards.

Article 23 illegal buildings within the scope of house expropriation and temporary buildings exceeding the approved time limit shall not be compensated, and shall be demolished according to law; Appropriate compensation shall be made for temporary buildings that do not exceed the approved time limit.

Article 24 the housing expropriation department shall organize investigation and registration of the ownership, location, use, construction area, lease and usufructuary right of the housing within the scope of housing expropriation, and the person subject to housing expropriation shall cooperate. The investigators and the expropriated shall confirm the investigation results. The results of the investigation shall be made public to all the persons subject to collection.

The housing expropriation department shall, in accordance with the provisions of these regulations, draw up a compensation plan based on the investigation results and the real estate market evaluation prices, and solicit the opinions of the person subject to expropriation.

The housing expropriation department shall, according to the opinions of the expropriated person, revise and improve the compensation scheme, and make an announcement after it is approved by the local people's government at or above the county level that has made the decision on housing expropriation. The announcement shall clearly state the compensation method, housing supply, contract signing period, relocation transition method, transition period and other matters.

If a house needs to be expropriated due to the renovation of an old and dilapidated house, the compensation plan shall also obtain the consent of more than two-thirds of the people expropriated before it is submitted to the local people's government at or above the county level for approval.

Article 25 the housing expropriation department shall, in accordance with the approved compensation plan, conclude a compensation agreement with the expropriated person on such matters as the method of compensation, the amount of compensation, the location and area of the property right exchange house, the period of relocation, the transitional method of relocation and the transitional period; Among them, the compensation agreement for the renovation of dilapidated houses can take effect only when the signing rate reaches more than two-thirds within the signing period.

The housing expropriation department shall publish the compensation agreement to all the persons subject to expropriation.

After the conclusion of the compensation agreement, if one party fails to perform the compensation agreement, the other party may bring a suit in a people's court according to law.

Article 26 Where an individual residence is expropriated, the local people's government at or above the county level that has made the decision on housing expropriation shall provide an appropriate source of housing for the expropriated person who has chosen the method of monetary compensation.

Article 27 Where an individual residence is expropriated, if the family of the expropriated meets the conditions for the target of low rent housing security or the target of affordable housing supply, the local people's government at or above the county level that has made the decision on housing expropriation shall provide them with low rent housing security or affordable housing. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Article 28 If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit for signing the compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the local people's government at or above the county level that made the decision on housing expropriation to make a compensation decision according to the compensation plan.

If the person whose house is expropriated and the interested parties related to the decision of house expropriation are not satisfied with the compensation decision, they may apply for administrative reconsideration according to law, or they may bring an administrative lawsuit to the people's court according to law; During the period of administrative reconsideration and administrative litigation, the implementation of the compensation decision shall not be suspended; If the applicant neither applies for administrative reconsideration nor brings an administrative lawsuit to the people's court within the time limit, nor complies with the decision, the local people's government at or above the county level that has made the decision on house expropriation shall forcibly relocate, or apply to the people's court for forcible relocation according to law. If the compensation decision is confirmed as illegal by the reconsideration organ or the people's court, the local people's government at or above the county level that made the housing compensation decision shall compensate the losses of the expropriated person and bear other corresponding legal liabilities.

Before the implementation of forced relocation, the housing expropriation department shall, in accordance with the compensation decision, give monetary compensation to the expropriated person in advance or provide a property right exchange house or a revolving house.

Article 29 If the leasehold house is expropriated and the leaseholder terminates the lease relationship, the expropriated person shall be compensated; If the lease relationship is not dissolved, the property right of the house to be expropriated shall be exchanged. The house whose property rights are exchanged shall be leased by the original lessee.

Article 30 the house expropriation department shall pay the relocation subsidy to the person to be expropriated or the House Lessee.

If the expropriated person who chooses the compensation method of house property right exchange arranges his own residence within the transition period, the house expropriation department shall pay the temporary resettlement subsidy; If the revolving house provided by the house expropriation department is used, the house expropriation department shall not pay the temporary resettlement subsidy.

If the transition period is extended due to the failure of the housing expropriation department to provide a property right exchange house in accordance with the compensation agreement, the housing expropriation department shall increase the temporary resettlement subsidy for the expropriated person who arranges his own residence from the month of expiration; The user of the revolving house shall pay the temporary resettlement subsidy from the month when the time limit expires.

The standards of relocation subsidies and temporary resettlement subsidies shall be prescribed by the local people's governments at or above the county level.

Article 31 appropriate compensation shall be given to those who stop production or business due to the expropriation of non residential houses.

Article 32 Where a housing expropriation department entrusts a relevant unit to engage in the specific work of expropriation compensation and relocation, it shall strengthen the supervision over the entrusted unit and bear corresponding legal liabilities for its acts of expropriation compensation and relocation.

The housing expropriation department and its entrusted units shall not relocate by interrupting water supply, heat supply, gas supply, power supply, etc.

No unit or individual may use violence, coercion or other illegal means to relocate.

Article 33 No unit or individual may embezzle, misappropriate, privately divide, withhold, default in payment, withhold or misappropriate compensation fees.

Chapter IV Legal Liability

Article 34 If a local people's government at or above the county level, in violation of the provisions of these regulations, commits any of the following acts, the people's government at a higher level shall order it to make corrections and circulate a notice of criticism; If losses are caused, it shall be liable for compensation according to law; The persons directly in charge and other persons directly responsible shall be given sanctions according to law:

（1） The house is requisitioned not for the public interest;

（2） Making a decision on house expropriation in violation of legal procedures;

（3） Failure to make public announcement of the decision on house expropriation or the announcement time does not meet the statutory requirements;

（4） Approving the non-conforming compensation scheme;

（5） The compensation decision made violates the compensation plan;

（6） Forcibly relocating in violation of legal conditions.

Article 35 If a house expropriation department, in violation of the provisions of these regulations, commits any of the following acts, the people's government at the corresponding level shall order it to make corrections and circulate a notice of criticism; If losses are caused, it shall be liable for compensation according to law; If the persons who are directly in charge and other persons who are directly responsible constitute a crime, they shall be investigated for criminal responsibility according to law; If the case is not serious enough to constitute a crime, it shall be punished according to law:

（1） Failing to implement the collection according to the scope of house collection determined by the decision on house collection;

（2） Before the implementation of forced relocation, the party fails to provide the expropriated person with monetary compensation in advance or provide a property right exchange house or a revolving house in accordance with the provisions;

（3） Take measures to interrupt water supply, heat supply, gas supply and power supply