Notice of the People’s Government of Changzhou With Regard to Issuance of Administration Measures of Changzhou Municipality for Compensation for Housing Demolition and Resettlement and Above-ground Attachments on Expropriated Land
Notice With Regard to Issuance of Administration Measures of Changzhou Municipality for Compensation for Housing Demolition and Resettlement and Above-ground Attachments on Expropriated Land
All borough, district people’s governments, municipal departments and bureaus, all municipal companies, work units directly under the municipal administration:
Administration Measures of Changzhou Municipality for Compensation for Housing Demolition and Resettlement and Above-ground Attachments on Expropriated Land has been passed by the Standing Committee Meeting of the people's government of the municipality, and is hereby issued. Please comply and implement conscientiously.
August 25, 2004
Administration Measures of Changzhou Municipality for Compensation for Housing Demolition and Resettlement and Above-ground Attachments
Article 1. In order to strengthen the administration of compensation for housing demolition and resettlement and above-ground attachments on expropriated land, to protect the lawful rights and interests of parties in land expropriation, demolition and resettlement, and to ensure smooth progress of municipal construction, the present measures are formulated in accordance with laws and regulations such as Land Administration Law of the People’s Republic of China, Regulations on Implementation of Land Administration Law of the People’s Republic of China and Land Administration Law of Jiangsu Province, in conjunction with practical conditions of the municipality.
Article 2. The present measures shall be applicable to compensations for housing demolition and resettlement and above-ground attachments involved in the expropriation of collectively-owned land (hereinafter referred to as “land expropriation and housing demolition” in short) within the jurisdiction of the municipality.
Should the State Council or the people’s government of the province approve other regulations governing the compensations for housing demolition and resettlement and above-ground attachments on expropriated land that is involved in major infrastructure construction projects in hydraulic engineering, energy, transportation, etc., those other regulations shall prevail.
Article 3. The land administration bureaus of the people’s governments of the municipality and boroughs are the administration bureaus for land expropriation and housing demolition within the municipality, and are responsible to carry out supervision and administration over the land expropriation and housing demolition within the municipality.
The people’s governments of all levels and administration bureaus of planning, construction, real estate administration, labor, price, finance, public security, industry and commerce shall, in accordance with the provisions of the present measures, collaborate with each other and ensure smooth progress of the land expropriation and housing demolition tasks.
Article 4. Land expropriation and housing demolition entities shall compensate and resettle land expropriation and housing demolition subjects in accordance with the provisions of the present measures; land expropriation and housing demolition subjects shall vacate and relocate within the stipulated time period, and shall not attempt to stop or obstruct the land expropriation and housing demolition.
Article 5. The land expropriation and housing demolition must conform to overall land use planning and the city planning, benefit the constructions of urban and suburb areas, protect the environment, and preserve cultural relics and historic sites.
Article 6. The following procedure shall be undertaken in land expropriation and housing demolition:
(I) The people’s governments of municipality and boroughs promulgate public announcements of land expropriation;
(II) Land administration bureaus announce compensation and resettlement plans for the land expropriation and housing demolition;
(III) Land expropriation and housing demolition entities and subjects enter into compensation and resettlement agreements;
(IV) Land expropriation and housing demolition entities compensate and resettle in accordance with the compensation and resettlement agreements;
(V) Land expropriation and housing demolition entities carry out demolition of the housing.
Article 7. After the legal approval of the land expropriation plan, the people’s governments of municipality and boroughs shall promulgate public announcements at towns (streets) and villages where the land is expropriated.
The public announcements of the land expropriation must incorporate the following contents:
(I) Approval bureau, approval number, approval time and approved purpose;
(II) Owner, location, category and area of the expropriated land;
(III) Compensation standards for the land expropriation and resettlement channels for agricultural personnel;
(IV) Time and location for registration of land expropriation compensation.
Owners and use rights owners of the expropriated land must, within the time period stipulated by the public announcement, appear at the designated location stipulated by the public announcement, present ownership certificates of the land and housing, and register for land expropriation and housing demolition compensation, and the land administration bureaus must conduct timely examination and verification. Should the land expropriation and housing demolition subjects fail to register for the compensation within the time period, the investigation result by the land administration bureaus shall determine the compensation.
Article 8. Land administration bureaus of the municipality and boroughs shall, in accordance with the approved land expropriation plan, collaborate with relevant bureaus and draft plans for land expropriation and housing demolition compensation and resettlement, promulgate public announcements at towns (streets) and villages where the land is expropriated, and solicit comments from the collective economic organizations and land expropriation and housing demolition subjects.
The public announcements of plans for land expropriation compensation and resettlement must incorporate the following contents:
(I) The location, category, area of the land expropriation and housing demolition, and number of agricultural personnel in need of resettlement;
(II) The compensation standards, amount, payee and payment method for the land;
(III) The standards, amount, payee and payment method for the resettlement subsidy;
(IV) The compensation standards and payment method for above-ground attachments.
(V) Resettlement plans for agricultural personnel
(VI) The scope of demolition, time limit for relocation and resettlement method
(VII) Other specific measures on compensation of land expropriation and resettlement
Upon approval of the plans for land expropriation and housing demolition compensation and resettlement from the people’s governments of municipality and boroughs, land expropriation and housing demolition entities shall organize and implement the plans.
Article 9. After the scope of land expropriation and housing demolition is set, land administration bureaus shall notify relevant bureaus such as real estate administration, planning, construction, industry and commerce where the land is expropriated in writing to temporally suspend handling the following procedures:
(I) Approval of land use for new homestead and other construction projects;
(II) Building, expanding and remodeling housing;
(III) Changing the use of housing or land;
(IV) Transferring, collateralizing, and renting of housing;
(V) Business license in which the housing to be demolished is the registered address.
During the suspension of the above mentioned procedures, no work units or individuals shall conduct suspended activities stipulated in clause 1 of this article without authorization.
The temporary suspension period shall not exceed 1 year. If the period has to be extended due to special circumstances, the period of extension may not exceed 1 year.
Article 10. Land expropriation and housing demolition entities and subjects shall, in accordance with the provisions of the present measures, sign a compensation and resettlement agreement covering the compensation method, compensation amount, location and area of the resettlement housing, time limits and method of relocation, and time limits of intermediate stage relocation, etc.
Article 11. If land expropriation and housing demolition subjects dispute the compensation and resettlement plans, and the mediation by the people’s government of municipality or boroughs fail, the people’s court at a higher level shall adjudicate. The disputes of land expropriation and housing demolition and resettlement shall not affect the implementation of the land expropriation plan.
If any units or individuals violate land administration laws and regulations, obstruct the land expropriation for state construction, the land administration bureaus of the people’s governments of the municipality or boroughs shall order them to surrender the land. Should any units or individuals refuse to surrender the land, the land administration bureaus of the people’s governments of the municipality or boroughs may apply to the people’s court for compulsory enforcement.
Article 12. Land expropriation and housing demolition that relates to military installations, churches, temples, cultural relics and historic sites, shall be handled in accordance with the relevant laws and regulations.
Article 13. Compensation for land expropriation and housing demolition shall not be provided for the demolition of illegal structures or temporary structures that exceed approved time limits.
Article 14. Use of housing: the noted use on the land or housing ownership registration certificate shall prevail; if the use is not noted on ownership registration certificate, the use recorded in ownership archive shall prevail; if the ownership is not registered, the stipulated use in housing construction formalities approved by administration bureaus shall prevail.
Area of housing: the registered construction area on the land or housing ownership registration certificate shall prevail; if the registered construction area on the land or housing ownership registration certificate differ from the actual area, the actual measured area by authorized bureaus shall prevail, however, the area of illegal structures will not be included.
Land administration bureaus of all levels must establish and strengthen land expropriation and housing demolition file management systems and strengthen management of land expropriation and housing demolition file materials.
Article 15. The demolition of residential housing shall be in forms such as unified resettlement, unified reconstruction, self-demolition and construction, in regions where conditions allow, monetary compensation could be carried out as trial. The people’s governments of municipality or boroughs (districts) shall determine the forms in accordance with the general planning of land use, city planning, and village and town construction planning and practical conditions. In principle, city limits and towns of Jincheng and Liyang shall use unified resettlement.
Applications for the construction of unified resettlement housing, unified reconstruction shall be submitted to administration bureaus of the people’s governments of municipality or boroughs (districts), and are subject to examination and approval in accordance with applicable laws.
Self-demolition and construction housing shall conform to the state, provincial and municipal regulations for homesteads, and is subject to examination and approval in accordance with applicable laws.
Article 16. Compensation for housing demolition shall be calculated based on the replacement costs of the housing to be demolished in conjunction with the age. Replacement costs shall be calculated after assessment by certified assessment agencies in accordance with the reconstruction costs standards, and structure, useable life, depreciation rate table and age of the housing assessment table (see appendix 1 and appendix 2).
Article 17. For unified resettlement, the compensation amount for housing demolition shall be calculated using this formula: replacement cost of the housing to be demolished X construction area of the housing X 110%.
For unified reconstruction and self-demolition and construction, the compensation amount for housing demolition shall be calculated using this formula: replacement cost of the housing to be demolished X construction area of the housing X 100%
Article 18. Resettlement subjects in land expropriation and housing demolition shall be land expropriation and housing demolition subjects and family members who own lawful housing within the scope of land expropriation and housing demolition and have rights and assume responsibilities within the collective economic organizations.
Members of the land expropriation and housing demolition subjects’ families who fall under any of the following scenarios can be considered as resettlement subjects:
(I) Active military personnel in original households
(II) Active students enrolled in colleges or universities in original households;
(III) Personnel serving in re-education through labor or prison in original households;
(IV) Personnel born or married before the time limit stipulated in public announcement of land expropriation compensation and resettlement plan;
(V) Other personnel who shall be included in accordance with policies and regulations.
Members of the land expropriation and housing demolition subjects’ families who fall under any of the following scenarios cannot be considered as resettlement subjects:
(I) Renting or residing temporarily at the housing within the scope of land expropriation and housing demolition;
(II) “Empty household members” registered for kindergarten or school purpose within the scope of land expropriation and housing demolition;
(III) Other personnel who shall not be included in accordance with policies and regulations.
Article 19. For unified resettlement, the construction area per person for resettlement housing may not exceed 40 square meters. The floor plan is determined with the principle that resettlement area shall be in closest proximity to the construction area of resettlement housing.
For housing to be demolished with an original area of less than 40 square meters per person, the original area will be settled at the construction and installation costs of the resettlement housing; if resettlement area exceeds original area, but less than 40 square meters per person, it will be settled at the construction costs of the resettlement housing; if resettlement area exceeds original area, and more than 40 square meters per person, it will be settled at the market price.
For housing to be demolished with an original area of more than 40 square meters per person, resettlement will be provided at 40 square meters per person, and settled at the construction and installation costs of the resettlement housing; if resettlement area exceeds 40 square meters per person due to the layout of resettlement housing, but less than the original area of housing to be demolished, it will be settled at the construction costs of the resettlement housing; if resettlement area is increased due to land expropriation and housing demolition subjects, it will be settled at the market price.
If the area of housing to be demolished exceed the area of unified resettlement or unified reconstruction housing, or no resettlement is needed after demolition of housing, the specific compensation standards shall be stipulated by the people’s governments of boroughs (districts) in accordance with local practical conditions and implemented after approval from municipal people’s government.
See appendix 3 for construction and installation costs, construction costs for unified resettlement housing and unified reconstruction housing.
Article 20. If the residential housing was altered to non-residential housing, or residential housing was rented out (lent) to others for non-residential use, it will still be treated as residential housing at the time of demolition.
For residential housing being rented (lent), land expropriation and housing demolition entities will not provide compensation or resettlement to tenants (borrowers).
Article 21. In demolition of residential housing, if land expropriation and housing demolition entities provide resettlement using completed housing, subsidy for temporary resettlement will not be provided; if the resettlement housing is yet to be completed, and land expropriation and housing demolition subjects need to arrange for lodging by themselves, land expropriation and housing demolition entities shall provide subsidy for temporary resettlement in the relocation period; if land expropriation and housing demolition subjects use intermediate housing provided by land expropriation and housing demolition entities, land expropriation and housing demolition will not provide subsidy for temporary resettlement.
The relocation period of land expropriation and housing demolition begins on the day when land expropriation and housing demolition subjects move and vacate the housing. The relocation period for self-demolition and construction, unified reconstruction is 12 months; the relocation period for unified resettlement may not exceed 18 months. If the time limit is exceeded due to reasons caused by land expropriation and housing demolition entities, subsidy for temporary resettlement must be doubled for land expropriation and housing demolition subjects in self-arranged relocation, from the month in which the time limit is exceeded.
Article 22. Compensation for attics of housing to be demolished is calculated based on construction area converted from heights of attics (average height will be used for uneven front and back heights):
If the height is less than 1 meter, 25% of the attic area is used in calculation;
If the height is between 1 to 1.49 meters, 50% of the attic area is used in calculation;
If the height is between 1.5 to 1.79 meters, 75% of the attic area is used in calculation;
If the height is between 1.8 to 2.19 meters, 90% of the attic area is used in calculation;
If the height is more than 2.2 meters, 100% of the attic area is used in calculation.
Compensation will not be provided for temporary attics, mobile attics or attics built after land expropriation survey.
Article 23. Standards for subsidy for relocation, subsidy for temporary resettlement and moving expenses for telephone, cable TV, A/C units, cooking stoves, etc., are provided in the appendix (appendix 4). Bonus on relocation may be determined by the people’s government of boroughs (districts) in accordance with local practical conditions.
Article 24. If the land expropriation and housing demolition involve compensation for attached facilities (including decorations), compensation will be provided in accordance with the standards for housing decorations and attached facilities, based on the actual record in land expropriation compensation survey. The specific standards are attached (appendix 5).
Article 25. In demolition of public welfare housing such as schools, kindergartens, healthcare centers (clinics) of towns, senior care centers, cultural centers, land expropriation and housing demolition entities shall provide reconstruction and resettlement on a one-for-one basis; if no reconstruction or resettlement is needed, compensation shall be provided at the replacement costs of the original area of demolished housing.
Article 26. In demolition of enterprise production facilities and non-production facilities requiring reconstruction, compensation shall take into be consideration of the age of the housing and be provided at the replacement costs of the original area of demolished housing. If no reconstruction is needed, compensation shall be provided at the replacement costs of the original area of demolished housing.
If relocation is not needed for production facilities of demolished enterprise, equipment moving fees will not be compensated; if relocation is needed, compensation will be provided for dismantling, installation and moving fees of the equipment in accordance with practical conditions of the boroughs (districts).
If demolition of enterprise production facilities leads to suspension of production, the compensation for suspension of production shall be calculated based on number of suspended workers resulted from suspension of production. Compensation will be provided at the rate of the average monthly wage (including only wage and social insurance fee) of the enterprise in prior year, and must not be lower than the minimum wage of local urban workers. The compensation time period shall equal the time period of the suspension, but may not exceed 6 months; compensation will not be provided if suspension of production happens before the implementation of land expropriation and housing demolition. If workers of the enterprise belong to agricultural population and have received subsidy for resettlement at time of land expropriation, compensation will not be provided.
Article 27. In demolition of business housing, if the housing is unexpired temporary construction approved by authorized bureaus, compensation shall be provided at 50% of the replacement costs of the demolished housing with consideration of the age; if the housing is legitimate permanent construction, compensation shall be provided at 200% of the replacement costs of the demolished housing with consideration of the age.
Article 28. In reconstruction and resettlement for non-residential housing demolition, land expropriation and housing demolition subjects shall reconstruct by themselves after approvals from administration bureaus of city planning and land administration.
Article 29. Compensation for above-ground attachments in land expropriation shall be provided in accordance with the standards in appendix 6 of the present measures.
For above-ground items not listed in appendix 6 of the present measures, land expropriation and housing demolition entities and subjects shall negotiate the compensation in the principle of replacing; should the negotiation fail, compensation shall be provided based on the assessed value of assessment agencies.
Article 30. For tombs on the expropriated land, land administration bureaus shall notify the owners in public announcement to relocate tombs within certain time period. Tombs not relocated within the time limit are deemed ownerless and will be deeply buried by work units using the land.
Article 31. Compensation will not be provided for purposely-rushed constructions or plants within the scope of land expropriation that started from entry day of land expropriation survey.
Article 32. Compensation for above-ground attachments within the scope of land expropriation shall be paid to lawful owner in accordance with property ownership; if the property ownership is not clear, it will be settled and managed by relevant land administration bureaus.
Article 33. If land expropriation and housing demolition subjects or housing tenants obtain compensation and resettlement funds through deliberate deception or fraudulent means, the funds will be recovered and legal responsibility will be pursued in accordance with relevant state laws and regulations.
If land expropriation and housing demolition subjects insult, beat, or attempt to stop, obstruct the performance of official duties of land expropriation and housing demolition staff members, public security bureau shall punish the subjects in accordance with Public Security Administrative Punishments Law of the People's Republic of China; if any crime is constituted, criminal responsibility shall be pursued by judiciary in accordance with law.
Article 34. If staff members responsible for land expropriation and housing demolition engage in dereliction of duty, abuse of power, or corruption during the process, the employment work units or higher-level authorities shall impose on them administrative punishment; if any crime is constituted, criminal responsibility shall be pursued by judiciary in accordance with law.
Article 35. If a party is not satisfied with the specific administrative actions of relevant administration agencies, it may apply for administrative re-adjudication or file administrative lawsuit in accordance with law.
Article 36. The present measures shall be applicable to construction land transformed from agricultural land with lawful approval, involving compensation for housing demolition and resettlement and above-ground attachments.
Article 37. The people’s governments of all boroughs may, in accordance with the present measures and local practical conditions, enact specific measures and standards, and implement them after approval from the people’s government of the municipality.
Article 38. The present measures shall go into effect as of October 1, 2004.
Before the implementation of the present measures, if land expropriation and housing demolition compensation and resettlement agreements were signed, or public announcements for land expropriation and housing demolition were promulgated but the land expropriation and housing demolition projects are yet to be completed, the original provisions for the compensation and resettlement shall prevail.
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