Regulations on the Expropriation and Compensation of Houses on State-owned Land
Regulations on the Expropriation and Compensation of Houses on State-owned Land
Regulations on the Expropriation and Compensation of Houses on State-owned Land
Order of the State Council No.590
January 21, 2011
The Regulations on the Expropriation of Houses on State-owned Land and Compensation Therefor which were adopted by the 141st executive meeting of the State Council on January 19, 2011 are hereby promulgated and shall come into effect on the date of promulgation.
Premier: Wen Jiabao
Regulations on the Expropriation of Houses on State-owned Land and Compensation Therefor
Chapter I General Provisions
Article 1 In order to standardize the activities of expropriating houses on state-owned land and making compensation therefor, safeguard the public interest and protect the legitimate rights and interests of owners of the expropriated houses, these Regulations are formulated.
Article 2 If houses owned by entities or individuals on state-owned land are to be expropriated for the need of the public interest, fair compensation shall be made to the owners of the houses to be expropriated (hereinafter referred as to the expropriatees).
Article 3 The principles of democratic decision-making, due procedures and result disclosure shall be observed in expropriating houses and making compensation therefor.
Article 4 The people's governments at city and county level shall be responsible for house expropriation and compensation work within their respective administrative regions.
The departments for house expropriation determined by the people's governments at city and county level (hereinafter referred to as the "house expropriation departments") shall organize and implement house expropriation and compensation work within their respective administrative regions.
The relevant departments of the people's governments at city and county level shall, in accordance with the provisions hereof and the division of duties specified by the people's governments at the same level, work with each other to ensure that house expropriation and compensation work is carried out smoothly.
Article 5 House expropriation departments may authorize house expropriation implementing entities to undertake the specific work of house expropriation and compensation. House expropriation implementing entities shall not operate for profits.
House expropriation departments shall be responsible for supervising house expropriation and compensation activities carried out by house expropriation implementing entities within the scope of authorization and bear legal liability for the consequences of such activities.
Article 6 The people's governments at a higher level shall strengthen supervision over the house expropriation and compensation work of the people's governments at a lower level.
The competent housing and urban-rural development department of the State Council and the competent housing and urban-rural development departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall, in conjunction with the departments of finance, land and resources, and development and reform and other departments at the same level, strengthen guidance over the work of carrying out house expropriation and compensation work.
Article 7 Any organization and individual shall have the right to report any act of violating the provisions hereof to the relevant people's government, house expropriation department and other relevant departments. The relevant people's government, house expropriation department and other relevant departments that receive the reports shall promptly verify and deal with such reports.
Supervisory organs shall strengthen supervision over governments, the relevant departments or entities and personnel thereof participating in house expropriation and compensation work.
Chapter II Expropriation Decision
Article 8 For the needs of the public interest such as safeguarding the national security and promoting the national economic and social development, if it is really necessary to expropriate houses under any of the following circumstances, the people's governments at city and county level shall make a decision to expropriate the houses:
1. In the case of the needs of national defense and diplomacy;
2. In the case of the needs of the construction of energy, traffic, water conservancy facilities and other infrastructures organized and carried out by the governments;
3.
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