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No. 275 Order of Wuhan Municipal People’s Government
source:     2018-01-02

It is hereby promulgated that the Decision of Wuhan Municipal People’s Government on Amending the Measures of Wuhan Municipality for Implementing House Expropriation and Compensation on State-owned Lands has been adopted at the 186th Executive meeting of Wuhan Municipal People’s Government on August 30, 2016, and shall be implemented as of December 1, 2016. 

  

  

Mayor: Wan Yong 

October 13, 2016 

 

Decision of Wuhan Municipal People’s Government on Amending the Measures of Wuhan Municipality for Implementing House Expropriation and Compensation on State-owned Lands 

 

  

The Municipal People’s Government decides to amend the Measures of Wuhan Municipality for Implementing House Expropriation and Compensation on State-owned Lands as follows: 

1. In Article 1, “in accordance with the provisions of the Regulations on House expropriation and compensation on State-owned Lands (Order No. 590 of the State Council, hereinafter referred to as the Regulations on Expropriation) and other laws and regulations” is amended to “in accordance with the provisions of the Regulations on House Expropriation and Compensation on State-owned Lands (Order No. 590 of the State Council, hereinafter referred to as the Regulations on Expropriation), the Measures of Hubei Province for Implementing House Expropriation and Compensation on State-owned Lands (Order No. 380 of Hubei Provincial People’s Government) and other laws and regulations”. 

2. The second sentence in the first paragraph of Article 4 is amended to: “The municipal department of house expropriation shall be responsible for organizing and implementing the house expropriation and compensation work within its administrative area.” The word “pricing” in the second paragraph is deleted. 

3. The second paragraph of Article 5 is amended to: “As entrusted by the people’s governments of the districts, the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park (hereinafter referred to as the “administrative committees”) are in charge of implementing house expropriation and compensation work within their respective administrative areas in accordance with the provisions hereof.” 

4. At the end of the first paragraph of Article 6, “The work expenses are included in the expropriation costs, and the specific standard shall be formulated by a department of house expropriation jointly with a department of finance at the same level.” is added. 

5. In Article 9, “The personnel participating in house expropriation shall take appointment with their qualification certificates.” is deleted. 

6. Article 12 is amended to: “Where house expropriation involves reconstruction of existing urban areas, the people’s governments of the districts where the houses are located shall organize the departments of housing administration and the departments of construction to verify the conditions of dilapidated houses and supporting infrastructure, and announce the verification results to the public for their opinions. Only if the dilapidated houses are verified to be dense or the supporting infrastructure is verified to be outdated may the reconstruction of existing urban areas be carried out.” 

7. A paragraph is added to Article 15 as the second paragraph, namely, “The departments of house expropriation shall, jointly with the departments of finance and audit at the same level, calculate the compensations based on the survey results.” 

8. In the first paragraph of Article 16, “the people’s governments at the district level” and “planning” are amended to “the Municipal People’s Government” and “planning for  national land” respectively. In the second paragraph, “the people’s governments at the district level” is amended to “the Municipal People’s Government”. 

9. Item (8) of the first paragraph of Article 17 is deleted. A new paragraph is added as the fifth paragraph of this Article, namely, “A people’s government at the district level shall, 15 days prior to making a decision of house expropriation, inform the municipal department of house expropriation of its compensation plan.” 

10. In the first paragraph of Article 20, “in a timely manner” is amended to “within seven days”, and at the end of this paragraph, a new sentence is added, namely, “A decision on house expropriation shall come into force as of the date of promulgation.” In the third paragraph, “the administrative departments of house and land” is amended to “the authority of real estate registration”. 

11. The second paragraph of Article 22 is amended to: “The floor area and use of a house to be expropriated are subject to the information recorded in its house ownership certificate issued by an authority of real estate registration; if a house ownership certificate has no information on the floor area and use of the house or its information is inconsistent with that recorded in a house register, the information recorded in the house register shall prevail, unless there is evidence to prove the incorrectness of the house register.” 

12. In Item (1) of Article 33, “him” is amended to “the leaseholder of a pubic-owned house”. 

13. Article 35 is amended to: “A private house lost or a house confiscated in the Great Cultural Revolution, which is under trusteeship or escrow of a department of house expropriation according to law, or which has been returned to the property right owners with households upon the decision of a department of housing administration, and which has been leased as a pubic-owned house, compensation shall be given to the owner of the house as per 100% of the value of the house to be expropriated; the leaseholder of a dwelling house shall be compensated as per 90% of the house to be expropriated, and the leaseholder of a non-dwelling house shall be compensated as per 70% of the house to be expropriated.” 

14. The first paragraph of Article 40 is amended to: “As for the expropriation of an individual dwelling house with the floor area of less than 40 square meters (The floor area for a house with the house ownership and tenancy right shared shall be subject to consolidated calculation), if it is the only house of the owner or the leaseholder of a public owned house, the expropriation compensation shall be granted as per 40 square meters.” In the second paragraph of this Article, “the leaseholder” is amended to “the leaseholder of a public owned house”. 

15. Article 52 is amended to “Any person who, through violence, threat or other illegal methods such as the suspension of water, heat, gas, power supply or the block of road access in violation of provisions, compels the owner of a house to be expropriated or the leaseholder of a public owned house to move and causes losses shall assume the liability for compensation according to law; the person-in-charge directly responsible and other persons directly responsible shall be punished according to law; if the act violates the public security administration, penalty for public security administration shall be imposed according to law; if a crime is constituted, criminal liability shall be investigated according to law.” 

16. In Article 53, “if a crime is constituted, the person-in-charge directly responsible and other persons directly responsible shall be prosecuted for criminal liability according to law.” is amended to “the person-in-charge directly responsible and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal liability shall be investigated according to law.” 

17. Article 57 is amended to: “The leaseholders of public owned houses mentioned herein refer to those who have established a lease relationship with the owners or the managers of public owned houses owned and managed by governments directly or by enterprises, institutions or organizations and thereby execute the government-regulated rent charges, not including the leaseholders of public rental housing or low-rent housing.” 

18. The wording and the sequence of articles are amended and adjusted accordingly. 

19. The Measures of Wuhan Municipality for Implementing House Expropriation and Compensation on State-owned Lands shall be promulgated anew after being amended according to this Decision. Where decisions on house expropriation have been made according to law prior to the implementation of this Decision, the compensation methods and the relevant provisions of the original decisions shall apply. 

      

 Measures of Wuhan Municipality for Implementing House Expropriation and Compensation on State-owned Lands 

 

(Promulgated by Order No. 234 of Wuhan Municipal People’s Government on December 3, 2012; 

Amended in accordance with the Decision of Wuhan Municipal People’s Government on Amending the Measures of Wuhan Municipality for Implementing House Expropriation and Compensation on State-owned Lands promulgated on October 13, 2016) 

  

  

Chapter One   General Provisions 

Article 1   With a view to regulating the activities of house expropriation and compensation on State-owned lands, maintaining the public interests, and protecting the legitimate rights and interests of the owners of the houses to be expropriated, these Measures are formulated in accordance with the provisions of the Regulations on House expropriation and compensation on State-owned Lands (Order No. 590 of the State Council, hereinafter referred to as the Regulations on Expropriation), the Measures of Hubei Province for Implementing House Expropriation and Compensation on State-owned Lands (Order No. 380 of Hubei Provincial People’s Government) and other laws and regulations, and in the light of the actual situation of this Municipality.  

Article 2   These Measures are applicable to the expropriation of and compensation for units’ and individuals’ houses on the State-owned lands within the administrative areas of this Municipality.  

Article 3   The principle of democratic decision-making, due procedure, fair compensation and open result shall be followed in house expropriation and compensation. 

Article 4   The Municipal People’s Government shall be responsible for house expropriation and compensation within the administrative areas of this Municipality. The municipal department of house expropriation shall be responsible for organizing and implementing the house expropriation and compensation work within its administrative area. 

The relevant departments of development and reform, planning for  national land, urban and rural development, housing security and management, public security, civil administration, industrial and commercial administration, civil affairs, education, audit, supervision and taxation, etc. shall do well in the work related to house expropriation and compensation based on their respective functions and duties as well as the provisions of these Measures.  

Article 5   The people’s governments at the district level shall be responsible for house expropriation and compensation within their respective administrative areas, and dealing with the leftover problems in house demolition. The departments of house expropriation at the district level shall be responsible for organizing and implementing the specific house expropriation and compensation work within their respective administrative areas.   

As entrusted by the people’s governments of the districts, the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park (hereinafter referred to as the “administrative committees”) shall be responsible for implementing the house expropriation and compensation work within their respective administrative areas in accordance with the provisions hereof. 

Article 6   A department of house expropriation may authorize a unit engaged in house expropriation to undertake the specific work in house expropriation and compensation. A department of house expropriation shall sign a commission contract with the unit engaged in house expropriation, specifying the rights and duties of the two parties. The unit engaged in house expropriation may charge corresponding fees from the entrusting party, but may not take profit-making as its purpose. The work expenses are included in the expropriation costs, and the specific standard shall be formulated by a department of house expropriation jointly with a department of finance at the same level. 

A department of house expropriation is responsible for supervising house expropriation and compensation performed by the unit engaged in house expropriation within the scope of authorization, and shall assume legal responsibilities for the consequence of its acts. 

Article 7   With regard to the land use and planning verification, survey and mapping, assessment, laws, house demolition and other services involved in house expropriation, a department of house expropriation and the relevant units shall authorize a professional organization with relevant qualification to perform. After the decision on expropriation is publicized, a department of house expropriation shall disclose the relevant information about the professional organizations.  

Article 8   All organizations and individuals are entitled to report the acts that violate these Measures to the related people’s governments, the departments of house expropriation or other relevant departments. Upon receipt of such reports, the related people’s governments, the departments of house expropriation or other relevant departments shall verify and deal with the reports timely.   

The supervisory organs shall strengthen the supervision over the governments, relevant departments or units as well as their personnel participating in the work of house expropriation and compensation.  

Article 9   The municipal department of house expropriation shall carry out trainings and appraisals on the professional knowledge and relevant legal knowledge of the departments of house expropriation and of the employees of the units engaged in house expropriation at the district level.  

  

Chapter Two   Decisions on Expropriation  

Article 10   In order to protect the national security, promote the national economic and social development and for the needs of other public interests, where house expropriation is really needed under any of the following circumstances, the decisions on house expropriation shall be made by the people’s governments at the district level: 

(1) the needs of national defense and foreign affairs; 

(2) the needs of infrastructure construction such as energy, transport and water conservancy carried out under the organization of the governments;  

(3) the needs of public utilities such as science and technology, education, culture, sanitation, sports, environmental and resource protection, disaster prevention and reduction, preservation of cultural relics, social welfare and municipal utilities carried out under the organization of the governments; 

(4) the needs of construction of affordable dwelling houses carried out under the organization of the governments; 

(5) the needs of urban redevelopment in the areas with crowded dilapidated buildings and poor infrastructure carried out under the organization of the governments in accordance with relevant provisions of the urban and rural planning law; or  

(6) the needs of other public interests prescribed by laws and administrative regulations.  

Where house expropriation is really needed under the circumstances prescribed by the preceding paragraph for the purpose of the construction of major projects, the decisions on house expropriation may also be made by the Municipal People’s Government.  

Article 11   Various construction activities that really need house expropriation pursuant to Article 10 hereof shall comply with the economic and social development planning, overall land use planning, urban and rural planning and special planning. The construction of affordable dwelling houses and reconstruction of existing urban areas shall be included in the annual plans of cities and counties for national economic and social development.  

In formulating national economic and social development planning, overall land use planning, urban and rural planning and special planning, comments shall be solicited extensively from the general public, and scientific verification thereof shall be carried out. 

Article 12   Where house expropriation involves reconstruction of existing urban areas, the people’s governments of the districts where the houses are located shall organize the departments of housing administration and the departments of construction to verify the conditions of dilapidated houses and supporting infrastructure, and announce the verification results to the public for their opinions. Only if the dilapidated houses are verified to be dense or the supporting infrastructure is verified to be outdated may the reconstruction of existing urban areas be carried out. 

Article 13   The departments of house expropriation shall determine the area of house expropriation on state-owned lands rationally in accordance with the planning advice given by a department of planning.  

Article 14   After the area of house expropriation is demarcated, no act which leads to an improper increase of compensation costs, such as new construction, reconstruction, or extension of houses or change of the use of houses, shall be committed within the area of house expropriation. If such act is carried out in violation of the provisions, no compensation shall be granted.  

The departments of house expropriation shall notify in writing the departments of planning for  national land, housing security and management, industrial and commercial administration, and public security, etc. shall suspend the relevant formalities within the area of house expropriation. The notice shall specify the period and scope of suspension, with a maximum period of not more than one year. The relevant departments shall suspend the formalities for the following matters within the scope of expropriation in accordance with their functions and duties:  

(1) new construction, reconstruction or extension of houses;  

(2) separation of house or land use right, gifting or lease of houses or lands, or change of their use; 

(3) registration or change of the registration with the administrations for industry and commerce using the location of houses within the area of house expropriation as the registered address; or  

(4) addition of new family members into the original household registers or split of the original family members into separate household registers. 

Article 15   The departments of house expropriation shall organize surveys on and registration for the ownership, locations, purposes, floor areas and other information of the houses within the area of house expropriation, while the owners of the houses to be expropriated and the leaseholders of public owned houses shall provide cooperation. The survey results shall be publicized to owners of the houses to be expropriated and the leaseholders of public owned houses within the area of house expropriation. 

The departments of house expropriation shall, jointly with the departments of finance and audit at the same level, calculate the compensations based on the survey results.  

Article 16   The Municipal People’s Government shall organize the departments of expropriation, planning for national land, city administration and housing administration to investigate, identify and handle the unregistered buildings within the area of house expropriation based on their respective functions and duties. No compensation shall be granted for the buildings identified to be illegal or for the contemporary buildings exceeding the approved time limit.  

The specific measures for investigating, identifying and handling unregistered buildings within the area of house expropriation shall be formulated by the Municipal People’s Government based on the actual situation. ,  

Article 17   A department of house expropriation shall be responsible for drawing out an expropriation and compensation program and submit it to the people’s government at the same level for examination and approval. An expropriation and compensation program shall include the following contents:  

(1) the legal basis for house expropriation and compensation;  

(2) the purpose for house expropriation; 

(3) the area of house expropriation; 

(4) the verification methods for the types and floor areas of the houses to be expropriated; 

(5) the compensation modes, standards and calculation methods for house expropriation;  

(6) the subsidy and reward standards;  

(7) basic information of the houses to be settled; 

(8) the time limit for signing a compensation agreement;  

(9) the name of the authorized unit engaged in house expropriation; and 

(10)  other matters.  

A people’s government which has made the decision on house expropriation shall organize the relevant departments to demonstrate the expropriation and compensation program and release it for public comments. The period for soliciting comments shall not be less than 30 days. 

A people’s government which has made the decision on house expropriation shall make public promptly the information about the solicitation of public comments and any amendment made on the basis of public comments. 

If house expropriation is needed due to reconstruction of existing urban areas, and within the period for soliciting comments, more than half of owners of the houses to be expropriated and the leaseholders of public owned houses believe that the expropriation and compensation program does not meet the provisions on expropriation and compensation, a people’s government which has made the decision on house expropriation shall organize hearings attended by owners of the houses to be expropriated, the leaseholders of public owned houses and the representatives from the general public, and amend the program on the basis of the feedback from the hearings. 

A people’s government at the district level shall, 15 days prior to making a decision of house expropriation, inform the municipal department of house expropriation of its compensation plan. 

Article 18   Prior to making a decision on house expropriation, a department of house expropriation shall organize an assessment of social stability risk and draw up the assessment report of social stability risk in accordance with the situation of the project. Such report shall state the situation of the project and analyze from the aspects of legality, rationality, feasibility and controllability, and shall be submitted to the people’s government at the same level for examination and verification. Any decision on house expropriation that involves over 300 households of expropriated house owners and leaseholders of public owned houses shall be discussed and made by the standing meeting of the government.   

Article 19   Prior to making a decision on house expropriation, expropriation compensation shall be fully paid, deposited in special accounts and used exclusively for special purposes. 

Article 20   After having made a decision on house expropriation, the Municipal People’s Government or the people’s governments at the district level shall make a public announcement thereof within seven days. The announcement shall specify the expropriation and compensation program as well as administrative reconsideration, administrative litigation rights and period and other matters. A decision on house expropriation shall come into force as of the date of promulgation. 

The Municipal People’s Government, the people’s governments at the district level and the departments of house expropriation shall do well in the publicity and explanation work of house expropriation and compensation.  

Where a house is expropriated according to law, the use right of state land is retracted at the same time; the authority of real estate registration may directly go through the formalities for registration cancellation in accordance with the agreement on expropriation compensation or the decision on expropriation compensation.  

Article 21   Where the owner of a house to be expropriated or the leaseholder of a public owned house has objection to the decision on house expropriation, such person may apply for administrative reconsideration or bring an administrative suit according to law.  

  

Chapter Three   Compensation 

Article 22   A compensation agreement on house expropriation shall be signed by a department of house expropriation with the owner of a house to be expropriated or the leaseholder of a public owned house. The owner of a house to be expropriated is subject to the owner registered on the legitimate and valid house ownership certificate on the date when the decision on expropriation is publicized; the leaseholder of a public owned house is subject to the voucher for lease of public owned house.  

The floor area and use of a house to be expropriated are subject to the information recorded in its house ownership certificate issued by an authority of real estate registration; if a house ownership certificate has no information on the floor area and use of the house or its information is inconsistent with that recorded in a house register, the information recorded in the house register shall prevail, unless there is evidence to prove the incorrectness of the house register.  

Article 23   In house expropriation, the following compensations shall be given to the owner of a house to be expropriated or the leaseholder of a public owned house in accordance with provisions based on different situations: 

(1) the compensation for the value of the houses to be expropriated; 

(2) the compensation for relocation and temporary resettlement arising from house expropriation; and 

(3) the compensation for losses arising from production and business suspension caused by house expropriation. 

Article 24   The compensation for the value of a house to be expropriated shall not be less than the market price of the real estate comparable to the house to be expropriated on the date when the decision on house expropriation is publicized.  

The value of the houses to be expropriated and the houses for property right exchange shall be assessed and determined by real estate appraisal agencies selected under these Measures, and the appraisal date shall be the date when the decision on house expropriation is publicized. 

Anyone who has objection to the value of the houses to be expropriated that has been assessed and determined may, within 10 work days from the date of publicizing the result of assessment or receiving the result of assessment, apply to the selected real estate appraisal agency for reassessment. Anyone who still disagrees with the results of the reassessment may, within 10 work days from the date of receiving the result of reassessment, apply to the real estate appraisal expert committee under the municipal real estate appraiser association for appraisal.  

Article 25   After publicizing a decision on house expropriation, a department of house expropriation shall organize owners of the houses to be expropriated and the leaseholders of public owned houses to select a real estate appraisal agency through negotiation. If the negotiation fails, a department of house expropriation shall organize owners of the houses to be expropriated and the leaseholders of public owned houses to determine it by voting in the principle of “the minority is subordinate to the majority”, or random selection methods such as lottery or drawing lots. If the method of lottery or drawing lots is applied, the selection shall be notarized by a notary organ on the spot. A department of house expropriation shall publicize the selected real estate appraisal agency.  

A real estate appraisal agency shall carry out the assessment of the houses to be expropriated in an independent, objective and fair manner, free from interference from any unit or individual.  

Article 26   The owners of the houses to be expropriated may choose monetary compensation or exchange of house property right. For the expropriation of publicly-owned dwelling houses, the method of compensation shall be chosen by the leaseholders of public owned houses. 

Where the owner of a house to be expropriated selects exchange of house property right, a department of house expropriation shall provide the houses for property right exchange, and, jointly with the owner of a house to be expropriated, calculate and settle the price difference between the values of the houses to be expropriated and that of the houses for property right exchange. 

Where a personal dwelling house is to be expropriated due to reconstruction of existing urban areas, and the owner chooses property right exchange with a house located at the site of reconstruction, a department of house expropriation shall provide the houses located at or near the sites of reconstruction, and settle the price difference based on the values of the houses. 

Article 27   In house expropriation, a department of house expropriation shall pay relocation costs to the owners of the houses to be expropriated or the leaseholders of public owned houses. The standards for relocation costs shall be formulated by the people’s governments at the district level by reference to the market price.    

Article 28   Where the owners of dwelling houses, offices or other houses not used for production or business to be expropriated choose exchange of house property right, a department of house expropriation shall, prior to the delivery of the houses for property right exchange, pay compensation for temporary resettlement costs or provide transitional houses. Where the owners choose monetary compensation, a department of house expropriation shall pay one-off compensation for three-month temporary resettlement to the owners of the houses to be expropriated or the leaseholders of public owned houses.  

The temporary resettlement compensation cost shall be assessed and determined by real estate appraisal agencies selected in accordance with the market lease price of the real estate comparable to the houses to be expropriated, and the appraisal date shall be the date when the decision on house expropriation is publicized. Where the houses for property right exchange haven’t been delivered exceeding the transitional period stipulated in the compensation agreement, the temporary resettlement compensation cost shall be increased by 50%.  

Article 29   The compensation for value of indoor decoration and furnishing of houses to be expropriated shall be determined by the parties concerned of expropriation through negotiation; if negotiation fails, a real estate appraisal agency selected under these Measures may be authorized to assess and determine the compensations.  

Article 30   The compensation for any losses arising from production and business suspension caused by expropriation of production and business houses shall be given to the owners of the houses to be expropriated or the leaseholders of pubic-owned houses as per 5% of the value of the house to be expropriated.  

Where the owners of the houses to be expropriated or the leaseholders of pubic-owned houses consider their losses arising from production or business suspension exceed 5% of the value of the house to be expropriated, they may request a department of house expropriation to authorize the real estate appraisal agency selected in accordance with these Measures to assess the losses arising from production or business suspension based on the profits, duration of production and business suspension and other factors during the last three years prior to house expropriation, and shall be given compensation in accordance with the result of assessment. Where the monetary compensation is chosen, the period for production or business suspension shall be calculated as per six months; where the property right exchange is chosen, the period for production or business suspension shall be calculated as per the transitional resettlement period.  

Article 31   Where any production or business unit or individual of a house to be expropriated is not the house owner or the leaseholder of a pubic-owned house, the compensation cost for losses arising from production or business suspension and value of decoration and furnishing shall be allocated as stipulated by the agreement among the production or business unit or individual and the house owner or the leaseholder of a pubic-owned house.   

Article 32   In the expropriation of personal dwelling houses, if any owner of expropriated house or any leaseholder of pubic-owned house changes the purpose of house into production or business house, the expropriation compensation shall be paid as per the dwelling house. However, prior to the promulgation of these Measures, the dwelling house has been used as commercial shopfront and has obtained business license issued by the administration for industry and commerce with the dwelling house as the registered address, appropriate subsidies may be paid for the part actually used for business, and in principle the subsidy standard shall be not more than 50% of the market assessment price difference between the commercial shopfront and the dwelling house. The specific standards shall be formulated by the people’s government at the district level.   

Article 33   In the expropriation of public owned houses, the leaseholder of a pubic-owned house may be compensated for expropriation. If anyone whose conditions conform to the housing reform requirements, he or she shall be subject to the housing reform in priority. A department of house expropriation shall pay compensations to the owners who are formed after housing reform and sign a compensation agreement on house expropriation with the owners; if their conditions do not conform to the housing reform requirements, the compensation method and standards shall be as follows:  

(1) Where monetary compensation is chosen, the lease relationship shall be terminated and 90% of the value of the house to be expropriated shall be given to the leaseholder of a pubic-owned house; while 10% hereof shall be given to the owner of the house to be expropriated; a department of house expropriation shall sign a compensation agreement on house expropriation with the owner of the house to be expropriated and the leaseholders of pubic-owned houses respectively; or 

(2) Where property right exchange is chosen, a department of house expropriation shall sign an agreement on exchange of house property right with the owner of the house to be expropriated; the owner of expropriated house and the leaseholder of pubic-owned house shall sign an agreement of house lease and continue their lease relationship.   

Article 34   As for expropriation of a publicly-owned non-dwelling house, if an owner of expropriated house chooses the property right exchange, a department of house expropriation shall sign an agreement on exchange of house property right; the owner of expropriated house shall sign an agreement of house lease with the leaseholder of pubic-owned house and continue their lease relationship.  

If an owner of expropriated house chooses the monetary compensation, the lease relationship shall be terminated and 70% of the value of the house to be expropriated shall be given to the leaseholder of pubic-owned house; while 30% hereof shall be given to the owner of the house to be expropriated. A department of house expropriation shall sign a compensation agreement on house expropriation with the owner of the house to be expropriated and the leaseholders of pubic-owned houses respectively.  

Article 35   A private house lost or a house confiscated in the Great Cultural Revolution, which is under trusteeship or escrow of a department of house expropriation according to law, or which has been returned to the property right owners with households upon the decision of a department of housing administration, and which has been leased as a pubic-owned house, compensation shall be given to the owner of the house as per 100% of the value of the house to be expropriated; the leaseholder of a dwelling house shall be compensated as per 90% of the house to be expropriated, and the leaseholder of a non-dwelling house shall be compensated as per 70% of the house to be expropriated.  

Article 36   As for expropriation of a house owned by a religious institution, a department of house expropriation shall solicit the comments from the administrative department of religious affairs and sign an agreement on expropriation compensation with the religious institution.  

Where a house owned by the religious institution is leased as a publicly-owned dwelling house, the compensation method may comply with the relevant provisions of Article 35 hereof.  

Article 37   As for expropriation of a mortgaged house, the mortgagor and the mortgagee shall negotiate on problems of how to handle the mortgage and the debt it secures according to the provisions of the State and this Municipality governing real estate mortgage.  

Where the mortgagor and the mortgagee reaches an agreement in writing, a department of house expropriation shall grant the compensation to the house owner in accordance with the agreement. In case of failure to reach an agreement, a department of house expropriation, if granting monetary compensation, shall deposit the compensation money with a notary organ; if an exchange of house property right is offered to the house owner, the mortgagee may change the collateral.   

Article 38   A department of house expropriation shall reward the owners of the houses to be expropriated and the leaseholders of public owned houses who sign the agreements and relocate within the prescribed period. The specific reward standard shall be formulated by the people’s governments at the district level.   

Article 39   As for the expropriation of an individual dwelling house, where the house owner or the leaseholder of a public owned house chooses the monetary compensation, a department of house expropriation may grant as per not more than 20% of the value of the house to be expropriated. The specific standards shall be formulated by the people’s governments at the district level. 

(1) Article 40   As for the expropriation of an individual dwelling house with the floor area of less than 40 square meters (The floor area for a house with the house ownership and tenancy right shared shall be subject to consolidated calculation), if it is the only house of the owner or the leaseholder of a public owned house, the expropriation compensation shall be granted as per 40 square meters. 

Where the leaseholder of a public owned house meets the conditions prescribed by the preceding paragraph, the monetary compensation for the part exceeding the floor area of the house to be expropriated shall be paid by a department of house expropriation to the leaseholder in full amount.  

Article 41   Where a dwelling house to be expropriated has a coefficient of shared floor area lower than that of a house for property exchange, subsidies for floor area shall be increased to the house owner or the leaseholder of a public owned house. The subsidies for floor area shall not exceed 10% of the floor area of the house to be expropriated in principle. Where a house to be expropriated on the 9th or below floor is exchanged for one on the 10th or above floor, the subsidies for floor area shall not exceed 12% of the floor area of the house to be expropriated in principle.  

The specific standards for subsidies for floor area shall be determined by the people’s governments at the district level based on the actual situations of the projects.  

Article 42   In case of expropriation of personal dwelling houses, if the house owners or the leaseholders of public owned houses meet the conditions for affordable houses, the Municipal People’s Government or the people's governments at the district level that have made the decisions on house expropriation shall give priority to providing affordable houses to such persons. 

Subsidies shall be granted to the owners of the houses to be expropriated and the leaseholders of public owned houses with the families under the minimum living guarantee, disabilities or other special living difficulties. The specific standards shall be formulated by the people’s governments at the district level. 

Article 43   As for the compulsory education enrollment after the owners of the houses to be expropriated or the leaseholders of public owned houses move out of the original address, they may choose upon expropriation to continue schooling at the original addresses of household registration in accordance with the original enrollment mode within six years at one time, or enroll for schooling at the nearest schools allocated by the local administrative departments of education of the places where their household registers are moved in.  

The owners of the houses to be expropriated and the leaseholders of public owned houses who have enjoyed the minimum living guarantee shall, on the strength of the certification documents issued by the local departments of civil affairs of the moving-out addresses, be reviewed and approved by the local departments of civil affairs of the moving-in addresses to enjoy the minimum living guarantee. In case of separation of registered and actual residences caused by house expropriation, if a person who has lived for more than one year at the moving-in address intends to apply for the minimum living guarantee, he or she shall submit an application to the local department of civil affairs of the moving-in address as specified. 

Article 44   A department of house expropriation and the owner of a house to be expropriated or the leaseholder of a public owned house shall, pursuant to these Measures, enter into a compensation agreement containing the compensation mode, the compensation amount and payment terms, the location and area of the house for property right exchange, the relocation cost, the temporary resettlement cost or the transitional house, the loss from suspension of production or business, the time limit of relocation, the mode and period of transition and other matters. 

After conclusion of the compensation agreement, if a party fails to perform its obligations set forth in the compensation agreement, the other party may bring an administrative lawsuit according to law. 

Article 45   Where the owners of the houses to be expropriated and the leaseholders of public owned houses are less than 800 households, the time limit for signing the agreement shall be not more than 3 months; in case of more than 800 (including 800) households, the time limit for signing the agreement shall be not more than 6 months. The time limit for signing the agreement shall be calculated as of the date of the promulgation of the result of assessment on houses to be expropriated.  

Article 46   If a department of house expropriation and the owner of a house to be expropriated or the leaseholder of a public owned house fail to agree upon the compensation agreement within the time limit of signing the agreement set by the compensation program, or the owner of the house to be expropriated is not clear, a department of house expropriation shall report the matter to the people’s government making the decision on house expropriation, and the latter shall make the compensation decision in accordance with the expropriation and compensation program in the light of the provisions of the Regulations on Expropriation and these Measures, and post the decision within the area of house expropriation.  

The compensation decision shall be fair and shall contain the matters relating to the compensation agreement as set forth in the first paragraph of Article 40 herein. 

If the owner of a house to be expropriated or the leaseholder of a public owned house disagrees with the compensation decision, he or she may apply for administrative reconsideration or bring an administrative lawsuit according to law. 

Article 47   After the people’s government that has made the decision on house expropriation grants compensation to the owner of a house to be expropriated or the leaseholder of a public owned house, the owner or the leaseholder shall complete the relocation within the time limit of relocation as agreed upon in the compensation agreement or determined in the compensation decision.  

No unit or individual may, through violence, threat or other illegal methods such as the suspension of water, heat, gas, power supply or the block of road access in violation of regulations, compel the owners of the houses to be expropriated or leaseholders of public owned houses to move. No development unit shall participate in relocation activities. 

Article 48   If the owner of a house to be expropriated or the leaseholder of a public owned house neither applies for administrative reconsideration nor brings an administrative lawsuit within the statutory time limit, nor moves within the period set forth in the compensation decision, the people’s government that has made the decision on house expropriation shall, according to law, apply to the people’s court for coercive enforcement. 

Before applying to the people’s court for coercive enforcement, the people’s government shall, according to law, urge in writing the owner of a house to be expropriated or the leaseholder of a public owned house to perform his or her obligation of relocation. 

When applying to the people’s court for coercive enforcement, the people’s government shall, according to provisions, provide relevant documents relating to the compensation decision, basic information of the respondents, the monetary compensation amount and the deposit account number, the location and area of the house for property right exchange and of the transitional house, and other materials. 

Article 49   The measures for confirmation on the accomplishment of house expropriation shall be formulated by a department of house expropriation separately.  

Article 50   The departments of house expropriation shall, according to law, set up files for house expropriation compensation, and disclose the per-household compensation to the owners of the houses to be expropriated and the leaseholders of public owned houses within the area of house expropriation. 

The auditing organs shall strengthen their supervision over the management and use of the compensation funds for expropriation, and disclose the audit results to the public. 

  

Chapter Four   Legal Responsibilities 

Article 51   If any employee of the Municipal People’s Government, the people’s governments at the district level, a department of housing expropriation fails to perform his or her duty as set forth herein, or commits such act as abuse of power, dereliction of duty or committing illegalities for personal gains in house expropriation and compensation work, the person shall be ordered by his or her work unit or the competent department at a higher level to make corrections, and criticized in circular notices. If any losses have been caused, the person shall assume the liability for compensation according to law; the person-in-charge directly responsible and other persons directly responsible shall be given an administrative sanction according to law; if a crime is constituted, the offender shall be prosecuted for criminal liability according to law.  

Article 52   Any person who, through violence, threat or other illegal methods such as the suspension of water, heat, gas, power supply or the block of road access in violation of provisions, compels the owner of a house to be expropriated or the leaseholder of a public owned house to move and causes losses shall assume the liability for compensation according to law; the person-in-charge directly responsible and other persons directly responsible shall be punished according to law; if the act violates the public security administration, penalty for public security administration shall be imposed according to law; if a crime is constituted, criminal liability shall be investigated according to law.  

Article 53   Before a department of house expropriation signs the compensation agreement with the owner of a house to be expropriated or the leaseholder of a public owned house, or the Municipal People’s Government or the people’s government at the district level make the compensation decision, if the unit engaged in house expropriation coercively demolishes the house to be expropriated or the public owned house and therefore causes losses, such unit shall assume the liability for compensation according to law; the person-in-charge directly responsible and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal liability shall be investigated according to law. 

Article 54   The owners of the houses to be expropriated and the leaseholders of public owned houses shall protect their legitimate rights and interests through legal ways. If anyone obstructs house expropriation and compensation work that is carried out according to law through violence, threats and other means, and a crime is constituted, the offender shall be prosecuted for criminal liability according to law; if the act violates the public security administration, penalty for public security administration shall be imposed according to law. 

Article 55   Anyone who embezzles, diverts, privately divides, retains or delays the payment of expropriation compensation shall be ordered to make correction, retrieve the relevant money and return the illicit gains within a prescribed period. The unit responsible shall be criticized in circular notices or given a warning. If any losses have been caused, the unit shall assume the liability for compensation according to law. If a crime is constituted, the person-in-charge directly responsible and other persons directly responsible shall be prosecuted for criminal liability according to law; if the act does not constitute a crime, a sanction shall be given according to law.  

Article 56   Any real estate appraisal agency or real estate appraiser that issues false appraisal reports or appraisal reports containing major errors shall be punished in accordance with the provisions of the State on the administration of real estate appraisal agencies and certified real estate appraisers; if any losses have been caused, the offender shall assume the liability for compensation according to law. If a crime is constituted, the offender shall be prosecuted for criminal liability according to law.     

  

Chapter Five   Supplementary Provisions 

Article 57   The leaseholders of public owned houses mentioned herein refer to those who have established a lease relationship with the owners or the managers of public owned houses owned and managed by governments directly or by enterprises, institutions or organizations and thereby execute the government-regulated rent charges, not including the leaseholders of public rental housing or low-rent housing.   

Article 58   As for the expropriation of individual dwelling houses or organizations’ houses, the relevant departments may reduce or remit relevant taxes and dues to be paid by the house owners and the leaseholders of public owned houses in accordance with relevant provisions.  

Article 59   Where laws and regulations provide otherwise on expropriation of houses of foreign consulates, military facilities, cultural relics, buildings within the historical and cultural conservation areas, such provisions shall prevail.  

Article 60   These Measures shall come into force as of December 1, 2016.  

 

 

 

To:

People’s governments at the district level, departments of the Municipal People’s Government.

Office of Legislative Affairs of the Provincial People’s Government.

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties.

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate.

News agencies, enterprises and institutions affiliated to ministries.

General Office of Wuhan Municipal People’s Government

Printed and Distributed on October 18, 2016

English Wuhan