Regulation on the Expropriation of Buildings on State-owned Land and Compensation

Regulation on the Expropriation of Buildings on State-owned Land and Compensation Order of the State Council (No.590) The Regulation on the Expropriation of Buildings on State-owned Land and Compensation, as adopted at the 141st executive meeting of the State Council on January 19, 2011, is hereby issued and shall come into force on the date of issuance. Premier Wen Jiabao January 21, 2011 Regulation on the Expropriation of Buildings on State-owned Land and Compensation Chapter I General Provisions Article 1 This Regulation is formulated for purposes of regulating the expropriation of buildings on state-owned land and corresponding compensation, maintaining public interests and protecting the legitimate rights and interests of owners of the buildings to be expropriated. Article 2 Where a building of any entity or individual on state-owned land is expropriated for public interest, the owner of the expropriated building (hereinafter referred to as the “owner”) shall be fairly compensated. Article 3 The principle of “democratic decision-making, due process and open results” shall be followed in the building expropriation and compensation. Article 4 The people's government at the city or county level shall be responsible for the building expropriation and compensation within its administrative region. The building expropriation department as determined by the people's government at the city or country level (hereinafter referred to as the “building expropriation department”) shall organize and implement the building expropriation and compensation within its administrative region. The relevant departments of the people's government at the city or county level shall, according to the provisions of this Regulation and the division of duties as prescribed by the people's government at the corresponding level, cooperate with each other to ensure smooth building expropriation and compensation. Article 5 The building expropriation department may designate a building expropriation implementing entity to undertake the specific work on building expropriation and compensation. A building expropriation implementing entity shall not operate for profits. The building expropriation department shall oversee the building expropriation and compensation activities of a building expropriation implementing entity within the authorized scope, and assume the legal liabilities for the consequences of such activities. Article 6 The people's government at a higher level shall strengthen its oversight of the building expropriation and compensation work of the people's government at a lower level. The competent department of housing and urban-rural development under the State Council and those of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the public finance, land and resources, development and reform and other relevant departments at the corresponding level, strengthen the guidance on the implementation of building expropriation and compensation. Article 7 Any organization or individual shall be entitled to report any violation of this Regulation to the relevant people's government, the building expropriation department or any other relevant department. The relevant people's government, the building expropriation department or any other relevant department receiving a report shall verify and deal with it in a timely manner. Supervisory organs shall strengthen the supervision of the governments, the relevant departments or entities and their staff participating in the building expropriation and compensation. Chapter II Expropriation Decisions Article 8 Where, for public interests such as safeguarding the national security and promoting the national economic and social development, it is necessary to expropriate a building under any of the following circumstances, the people's government at the city or county level shall make a decision to expropriate the building: (1) necessary for national defense and foreign affairs; (2) necessary for the construction of energy, transportation, water and other infrastructures as organized and implemented by the government; (3) necessary for a public cause such as science and technology, education, culture, health, sports, environment and resource protection, disaster prevention and mitigation, protection of cultural relics, social welfare or municipal utilities as organized and implemented by the government; (4) necessary for the construction of a social security housing project as organized and implemented by the government; (5) necessary for the rebuilding of an old urban area where dilapidated buildings concentrate and infrastructure lags behind as organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law ; or (6) necessary for any other public interest as prescribed by a law or administrative regulation. Article 9 According to Article 8 of this Regulation, all kinds of construction activities requiring expropriation of buildings shall comply with the national economic and social development plan, overall land use plan, urban and rural plan and special purpose plans. The construction of social security housing projects and the rebuilding of old urban areas shall be incorporated into the annual plan for national economic and social development at the city or county level. Public opinions shall be extensively solicited in the making of the national economic and social development plan, overall land use plan, urban and rural plan and special purpose plans, and scientific demonstration shall be made. Article 10 The building expropriation department shall draft an expropriation and compensation plan and report it to the people's government at the city or county level. The people's government at the city or county level shall organize the relevant departments to demonstrate the expropriation and compensation plan and publish it for public opinions. The period for solicitation of public opinions shall be no less than 30 days. Article 11 The people's government at the city or county level shall publish in a timely manner the public opinions solicited and the amendments made according to ......