Rules of Shanghai Municipality on Implementing House Expropriation and Compensation on State-owned

• Document Number：Order No. 71 of the Shanghai Municipal People’s Government
• Area of Law： Real Estate
• Level of Authority： Local Government Rules
• Date issued：10-19-2011
• Status： Effective
• Issuing Authority： Shanghai Municipality

Rules of Shanghai Municipality on Implementing House Expropriation and Compensation on State-owned Lands
(Promulgated by Decree No. 71 of Shanghai Municipal People's Government on October 19, 2011)
Chapter I General Provisions
Article 1 (Purposes and basis)
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 expropriated, these Rules are formulated in accordance with the Regulations on the House Expropriation and Compensation on State-owned Lands, and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Rules apply to the expropriation of and compensation for houses on state-owned lands in this Municipality.
Article 3 (Basic Principles)
In the process of house expropriation and compensation, the principles of democratic decision-making, due process, just compensation and open results shall be followed.
Article 4 (Administrative departments)
The municipal housing administrative department is the competent administrative department for this Municipality's house expropriation and compensation, and shall be responsible for the professional guidance and the supervision and administration of this Municipality's house expropriation and compensation.
The municipal and district/county administrative departments of development & reform, construction, planning and land, finance, public security, industry and commerce, and supervision shall, according to the provisions of these Rules and their respective functions and duties, cooperate with each other to ensure the smooth progress of house expropriation and compensation work.
The sub-district office or the town/township people's government in the place where houses are expropriated shall cooperate with others in the house expropriation and compensation work.
Article 5 (Expropriation Bodies and Expropriation Departments)
The district/county people's government shall be responsible for the house expropriation and compensation work within its administrative area.
The district/county housing administrative department is the house expropriation department within its administrative area and shall be responsible for organizing the implementation of house expropriation and compensation.
The house expropriation department may entrust a house expropriation agency to undertake specific tasks of house expropriation and compensation. No house expropriation agency may operate for profit-making purposes. The house expropriation department shall be responsible for supervising the act of house expropriation and compensation performed by the house expropriation agency within the extent authorized and shall bear the legal liability for the consequences of the act.
Article 6 (Personnel Training and Post Taking)
Every person who is to be engaged in house expropriation and compensation work may not take up a post unless he or she has received the training regarding relevant legal and professional knowledge and passed the examination organized by the municipal housing administrative department, and obtained a qualification certificate.
Article 7 (Report Handling)
Any unit or individual is entitled to report any violation of these Rules to the municipal and district/county people's governments, housing administrative departments and other relevant departments. Upon receipt of such reports, the municipal and district/county people's governments, housing administrative departments and other relevant departments shall verify and handle the reports in a timely manner.
The municipal and district/county supervision departments shall strengthen the supervision over the governments, relevant departments or units and personnel involved in house expropriation and compensation work.
Chapter II Expropriation Decisions
Article 8 (Re House Expropriation Really Needed)
Where it is really needed to expropriate houses for public interests such as safeguarding the national security and promoting the national economic and social development under any of the following circumstances, the district/county people's government may make a decision on house expropriation:
1. the needs of national defense and foreign affairs;
2. the needs of infrastructure construction for energy, transportation, water conservation and the like, which is to be carried out under the organization of the government;
3. the needs of public works such as science and technology, education, culture, public health, sports, environmental and resource protection, disaster prevention and mitigation, preservation of cultural relics, social welfare and municipal utilities run under the organization of the government;
4. the needs of low-income housing projects to be carried out under the organization of the government;
5. the needs of old urban reconstruction for the area where there is a dilapidated residential complex with poor infrastructure to be carried out by the government according to the State's and this Municipality's relevant provisions governing urban and rural planning; or
6. the needs of other public interests as set forth in laws and administrative regulations.
Article 9 (Planning and Plan)
The construction activities in real need of house expropriation under provisions of Article 8 herein shall comply with this Municipality's national economic and social development planning, overall land use planning, urban and rural planning and special planning. The low-income housing projects and the old urban reconstruction shall be included in the district/county's annual plan for national economic and social development.
Article 10 (Determination of House Expropriation Scope)
Where houses need to be expropriated for a construction project falling within the scope provided by Item 1 to Item 4 of Article 8 herein, the related house expropriation scope shall be determined according to the land use permit concerned.
Where houses need to be expropriated for old urban reconstruction under provision in Item 5 of Article 8 herein, the related house expropriation scope shall be determined by the municipal construction administrative department jointly with the municipal administrative departments of housing administration, development & reform, planning and land, and finance, and the district/county people's government concerned.
Where houses need to be expropriated in other circumstances provided by Article 8 herein, the related house expropriation scope shall be determined by the municipal housing administrative department jointly with relevant administrative departments and the district/county people's government concerned.
Article 11 (Forbidden Acts after Determination of the House Expropriation Scope)
After the house expropriation scope has been determined, within the house expropriation scope, there shall not be any act which leads to an improper increase of compensation fees, such as new construction, expansion or reconstruction of a house or its appurtenances or a change of the use of a house or land. If such act is carried out in violation of relevant provisions, no compensation shall be granted.
After the house expropriation scope has been determined, no compensation fees may be increased for the violation of the relevant provisions under any one of the following circumstances:
1. to establish a new tenancy or list tenants separately for the original publicly-owned house;
2. to transfer, divide, partition or grant the house;
3. to register for or alter the industry and commerce business license;
4. to transfer a new household registration in or have the household registered separately; or
5. other acts which may lead to an improper increase of compensation fees.
In handling a matter set out in the preceding clause, relevant administrative departments and organs shall request the expropriated or the tenant of a publicly-owned house to submit a written promise that no compensation fees be increased for such matter that violates the relevant provisions.
The house expropriation department shall announce the requirements set forth in Clauses 1 and 2 of this Article within the house expropriation scope and shall notify in writing the administrative departments of planning and land, industry and commerce, and public security, the real estate registry agency, and the lessor of publicly-owned houses. The announcement and written notice shall specify the suspension period, which shall not be more than 1 year after the day of the announcement.
Article 12 (Opinion-seeking for Old Urban Reconstruction)
After the house expropriation scope is determined for old urban reconstruction, the house expropriation department shall organize the opinion-seeking from the expropriated and the tenants of publicly-owned houses about their intention of reconstruction. The old urban reconstruction may not be carried out unless 90 per cent of the expropriated and the tenants of publicly-owned houses agree to the reconstruction.
Article 13 (Survey and Registration of Houses)
The house expropriation department shall organize surveys and registration of the ownership, location, use purpose, gross floor area and other matters of each house within the house expropriation scope, and the expropriated and the tenants of publicly-owned houses shall provide cooperation. The survey results shall be made public to the expropriated and the tenants of publicly-owned houses within the house expropriation scope.
Article 14 (Investigation, Identification and Handling of Unregistered Buildings)
The district/county people's government shall organize relevant administrative departments to investigate, identify and handle according to law any unregistered buildings within the expropriation scope. The house expropriation department shall grant compensation for the building identified as legal and for the temporary building not exceeding the approved time limit; and no compensation shall be granted for the building identified as illegal or for the temporary building exceeding the approved time limit.
Article 15 (Preparation and Demonstration of Compensation Programs)
The house expropriation department shall prepare the expropriation compensation program and submit it to the district/county people's government. The expropriation compensation program shall include the following contents:
1. the legal basis for the house expropriation and compensation;
2. the purpose for the house expropriation;
3. the house expropriation scope;
4. the verification methods for the type and gross floor area of houses to be expropriated;
5. the compensation modes, standards and calculation methods for the houses to be expropriated;
6. the subsidy and reward standards;
7. the basic situation of the houses for property right exchange and methods of purchase;
8. the procedures for selecting real estate appraisal agencies;
9. the time limit for signing the compensation agreement;
10. the time limit for relocation, and the mode and period of transition;
11. the name of the house expropriation agency entrusted; and
12. other matters.
The district/county people's government shall organize relevant departments to conduct demonstration on the expropriation compensation program and make it public within the house expropriation scope to solicit opinions from the expropriated and the tenants of publicly-owned houses. The period for soliciting opinions shall not be less than 30 days. Where the house expropriation is due to the old urban reconstruction, the district/county people's government shall organize a hearing attended by the representatives of the public such as the expropriated, the tenants of publicly-owned houses, and lawyers.
Article 16 (Amendment and Announcement of Programs)
The district/county people's government shall in a timely manner announce the information on the solicitation of public opinions and the amendment made to the program on the basis of public opinions.
Article 17 (Expropriation Compensation)
The expropriation compensation shall include the fund for monetary compensation and the house for property right exchange. The fund for monetary compensation shall be ready in full amount before an expropriation decision is made, deposited in a special account and used exclusively for designated purposes only. The house for property right exchange shall, upon delivery, satisfy the national quality and safety standards and the requirements of this Municipality for residential house delivery, with clear property ownership and free of encumbrances.
Article 18 (Assessment of Social Stability Risk)
Prior to making a house expropriation decision, the house expropriation department shall, jointly with relevant district/county administrative departments, sub-district offices and town/township people's governments, make an assessment of social stability risk according to relevant provisions governing the assessment of social stability risk for major matters in this Municipality and report the assessment result to the district/county people's government for approval.
Article 19 (House Expropriation Decisions)
An expropriation decision shall be made by the district/county people's government. If the decision involves more than 50 households whose houses are to be expropriated and/or who rent publicly-owned houses, it shall be made upon discussion at the routine meeting of the district/county people's government.
Article 20 (Announcement of Expropriation Decisions)
After having made the house expropriation decision, the district/county people's government shall make a public announcement thereof in a timely manner. The announcement shall specify the compensation program and the matters such as the rights to apply for administrative reconsideration and to bring an administrative lawsuit.
The district/county people's government and the house expropriation department shall do a good job of the publicity and explanation of the house expropriation and compensation concerned.
Where a house is expropriated according to law, the state land use right is retracted at the same time.
Article 21 (Expropriation Decisions Due to Old Urban Reconstruction)
Where house expropriation is due to the old urban reconstruction, the house expropriation department shall, upon making the expropriation decision, organize the expropriated and the tenants of publicly-owned houses to sign compensation agreements with terms and conditions for validation according to the compensation program. The compensation agreements shall become effective when the stipulated signatory proportion is reached during the time limit for signing the agreement; if such proportion is not reached during the said period, the implementation of expropriation decision shall be ceased. The signatory proportion shall be set by the district/county people's government concerned, but shall not be less than 80 per cent.
Article 22 (Reconsideration and Litigation Against Expropriation Decisions)
If the expropriated or the tenant of a publicly-owned house disagrees with the expropriation decision made by the district/county people's government, he or she may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter III Compensation
Article 23 (Determination of the Parties of Compensation Agreements)
A compensation agreement shall be signed by the house expropriation department and the expropriated or the tenant of a publicly-owned house.
The expropriated or the tenant of a publicly-owned house shall be accounted a household according to the valid legal title deed, publicly-owned house lease certificate, or publicly-owned non-residential house lease contract on the day of making the expropriation decision, and compensation shall be made on the basis of the household.
The expropriated shall be determined according to the owner named in the title deed, and the tenant of a publicly-owned house according to the tenant named in the publicly-owned house lease certificate or in the publicly-owned non-residential house lease contract.
Article 24 (Selection of Appraisal Agencies)
The value of the houses to be expropriated shall be assessed and determined by the real estate appraisal agency with appropriate qualifications according to the procedures for assessing houses to be expropriated.
The real estate appraisal agency shall be selected by the expropriated and the tenants of publicly-owned houses through negotiation. If no agreement can be reached through such negotiation, the house expropriation department shall organize the expropriated and the tenants of publicly-owned houses to select the real estate appraisal agency by casting their votes on the principle of the minority submitting to the majority, or the real estate appraisal agency may be selected by the house expropriation department or the expropriated and the tenants of publicly-owned houses randomly by drawing lotteries or lots. The house expropriation department shall make public the determined real estate appraisal agency.
The 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 25 (Evaluation of Houses to be Expropriated)
In the evaluation of a house to be expropriated, such factors shall be taken into account as the location, use purpose, architectural structure, current state, gross floor area and ground area, and land-use right of the house.
The market value of the house for property right exchange shall be determined by a real estate appraisal agency selected according to Article 24, except as otherwise provided by special provisions of this Municipality. The appraisal time for evaluation of the house to be expropriated and the house for property right exchange shall be the day on which the house expropriation decision is announced.
In case of a dispute on the appraisal result, the expropriated, the tenant of a publicly-owned house or the house expropriation department may, within 10 days of receiving the appraisal report, apply to the real estate appraisal agency for a review. In case of a dispute on the review result, the expropriated, the tenant of a publicly-owned house or the house expropriation department may, within 10 days of receiving the review report, apply to the committee of appraisal specialists organized by the Municipal Real Estate Appraisers Association for an expert conclusion.
Article 26 (Compensation Mode for Expropriation of Residential Houses)
If a residential house is expropriated, the expropriated or the tenant of a publicly-owned house may choose monetary compensation or a house property right exchange.
If the expropriated or the tenant of a publicly-owned house chooses a house property right exchange, the house expropriation department shall provide a house for property right exchange, and shall, with the expropriated or the tenant of a publicly-owned house, calculate and settle the price difference between the monetary compensation for the house to be expropriated and the value of the house for property right exchange.
If the residential house expropriation is due to old urban reconstruction, the district/county people's government that has made the house expropriation decision shall provide houses located at the site of the reconstruction or in the vicinity for the expropriated or the tenant of a publicly-own house to choose, and shall settle the price difference by the real estate market price. The scope of the vicinity shall be determined by the house expropriation department and the expropriated and the tenants of publicly-owned houses in soliciting opinions for the expropriation compensation program.
Article 27 (Compensation, Subsidies and Rewards for Residential House Expropriation)
In case of residential house expropriation, the following compensation and subsidies shall be granted to the expropriated or the tenant of a publicly-owned house according to these Rules in the light of different circumstances:
1. the appraised market price of a house to be expropriated;
2. the price subsidy;
3. the unit size subsidy for the house of a special type;
4. the guarantee subsidy for the household in straitened living condition; and
5. the relocation cost and the temporary resettlement cost.
The house expropriation department shall reward the expropriated and the tenants of publicly-owned houses who sign the agreements and relocate within the prescribed period. The specific reward standard shall be formulated by the district/county people's government.
Article 28 (Calculation Standards of the Compensation and Subsidy for Residential House Expropriation)
The amount of monetary compensation for a residential house to be expropriated = the appraised price + the price subsidy, but if there are special provisions governing the amount of the monetary compensation in these Rules, such provisions shall prevail.
The appraised price = the appraised market unit-price of a house to be expropriated × the gross floor area of the house to be expropriated. If the appraised market unit-price of a house to be expropriated is lower than the appraised average price, the appraised average price shall prevail.
The appraised average price = the appraised total price of all residential houses within the expropriation scope ÷ the total gross floor area of all residential houses within the expropriation scope. The appraised average price shall be calculated by the real estate appraisal agency after the appraisal and be made public by the house expropriation department within the expropriation scope.
The price subsidy = the appraised average price × the subsidy coefficient × the gross floor area of the house to be expropriated. The subsidy coefficient shall not be more than 0.3, and its specific standard shall be formulated by the district/county people's government.
Where a house to be expropriated is an old-lane house, a crude shack or other non-single-family tenement house, the unit size subsidy shall be added to the monetary compensation for such house. The unit size subsidy = the appraised average price × the subsidized floor area. The unit size subsidy shall be given to each household according to the valid legal title deed or publicly-owned house lease certificate on the day of making the expropriation decision, with the subsidized area for each deed or certificate not exceeding 15 square meters of the gross floor area, and the specific standard to be formulated by the district/county people's government.
Article 29 (Standards of Compensation and Subsidy for Expropriation of Publicly-owned Residential Houses with Government-regulated Rent Charge)
Where a publicly-owned residential house with government-regulated rent charge is expropriated and the expropriated chooses the monetary compensation, the lease contract expires. The calculation formula of the monetary compensation granted to the expropriated shall be: the appraised price x 20%. The calculation formula of the monetary compensation granted to the tenant of a publicly-owned house shall be: the appraised price x 80% + the price subsidy; where the house to be expropriated is an old-lane house, a crude shack or other non-single-family tenement house, the unit size subsidy shall be added according to these Rules.
Where a publicly-owned residential house with government-regulated rent charge is expropriated and the expropriated chooses a house property right exchange, the expropriated shall be responsible for the resettlement of the tenant of the publicly-owned house and the original lease contract shall be retained. The calculation formula of the monetary compensation granted to the expropriated shall be: the appraised price + the price subsidy; where the house to be expropriated is an old-lane house, a crude shack or other non-single-family tenement house, the unit size subsidy shall be added according to these Rules.
Article 30 (Standards of Compensation and Subsidy for Privately-owned Residential Houses with Government-regulated Rent Charge)
Where a privately-owned residential house with government-regulated rent charge is expropriated, the calculation formula of the monetary compensation granted to the expropriated shall be: the appraised price x 100%, and the compensation granted to the tenant of the house shall be calculated according to Clause 1 of Article 29 governing the compensation for the tenant of the publicly-owned house.
Article 31 (Preferential Guarantee for Households in Straitened Living Conditions)
The guarantee subsidy shall be given to the household in straitened living conditions whose average gross floor area per person is less than 22 square meters calculated according to this Municipality's provisions governing the determination of housing area for affordable housing and the conversion formula provided in Clause 2 of this Article, except the one that has already enjoyed the affordable housing policy. The guarantee subsidy given may be used to buy the house for property right exchange.
The conversion formula shall be: the amount of monetary compensation for the residential house to be expropriated ÷ the conversion unit price ÷ the number of persons of the household in straitened living conditions.
The guarantee subsidy = the conversion unit price × the number of persons of the household in straitened living conditions × 22 square meters - the amount of monetary compensation for the residential house to be expropriated.
The conversion unit price shall be made public by the district/county people's government.
The household in straitened living conditions that meets the requirements set by the affordable housing policy may receive priority in buying the affordable house.
Article 32 (Application for and Affirmation of Housing Guarantee Priority)
The expropriated or the tenant of a publicly-owned house in straitened living conditions shall make application for the affirmation thereof with the district/county housing guarantee department in his or her locality and submit relevant supporting materials.
The district/county housing guarantee department shall, according to these Rules and this Municipality's relevant provisions governing affordable housing, affirm the households in straitened living conditions, and announce the affirmed households in straitened living conditions and the number of persons of each household within the expropriation scope for the duration of 15 days. Where there is a disagreement over the affirmation during the announcement period, the district/county housing guarantee department shall conduct a check and make public the result within 15 days.
Article 33 (Other Subsidy Standards for Expropriation of Residential Houses)
Where a residential house is expropriated and the expropriated or the tenant of a publicly-owned house chooses a house property right exchange, the house expropriation department shall, prior to the delivery of the house for property right exchange, pay the temporary resettlement cost or provide a transitional house.
If relocation is caused by the expropriation of a residential house, the house expropriation department shall pay the relocation cost to the expropriated or the tenant of a publicly-owned house.
The standards for the temporary resettlement cost and the relocation cost shall be formulated by the district/county people's government.
Article 34 (Expropriation Compensation for Non-residential Houses)
If a non-residential house is expropriated, the expropriated or the tenant of a publicly-owned house may choose monetary compensation or a house property right exchange.
If a non-residential house is expropriated, the following compensation shall be granted to the expropriated or the tenant of a publicly-owned house:
1. the appraised market price of the house to be expropriated;
2. the relocation and installment cost for facilities;
3. the replacement cost minus depreciation funds for the facilities that can not resume work; and
4. the compensation for losses arising from suspension of production and business.
The house expropriation department shall reward the expropriated and the tenants of publicly-owned houses who make relocation within the prescribed period. The specific reward standard shall be formulated by the district/county people's government.
Article 35 (Compensation for Losses from Suspending Production and Business)
The compensation standard for losses suffered by the expropriated or the tenant of a publicly-owned house from suspending production and business because of non-residential house expropriation shall be set by 10 per cent of the appraised market price of the house to be expropriated.
If the expropriated or the tenant of a publicly-owned house believes that the losses from suspending production and business exceed 10 per cent of the appraised market price of the house to be expropriated, he or she shall submit to the house expropriation department the relevant supporting materials testifying the average benefit in the last 3 years before the house expropriation and the time period of production and business suspension. The house expropriation department shall entrust a real estate appraisal agency to appraise the losses arising from the suspension of production and business, and grant compensation according to the appraisal result. In case of a dispute on the appraisal result, the expropriated or the tenant of a publicly-owned house may apply for a review and an expert conclusion according to Clause 3 of Article 25 herein.
Article 36 (Expropriation Compensation Standards for Publicly-owned Non-residential Houses with Government-regulated Rent Charge)
Where a publicly-owned non-residential house with government-regulated rent charge is expropriated and the expropriated chooses the monetary compensation, the lease contract expires. The calculation formula of the monetary compensation granted to the expropriated shall be: the appraised price x 20%. The calculation formula of the monetary compensation granted to the tenant of a publicly-owned house shall be: the appraised price x 80%; if the expropriated chooses a house property right exchange, the expropriated shall be responsible for the resettlement of the tenant of the publicly-owned house and the original lease contract shall be retained.
Article 37 (Expropriation Compensation Standards for Houses Owned by Religious Institutions)
As for expropriation of a house owned by a religious institution, the house expropriation department shall first solicit the opinion of the administrative department of religious affairs and sign an expropriation compensation agreement with the religious institution.
As for expropriation of a house owned by a religious institution but leased through the agency of the housing administrative department, the lease contract expires. For expropriation of a residential house, the compensation mode and standard shall follow the provisions in Article 30 herein. For expropriation of a non-residential house, the amount of the monetary compensation granted to the expropriated shall be: the appraised price x 100%, and the compensation to the tenant shall follow the compensation provisions governing the compensation granted to the tenant of a publicly-owned house in Article 36.
Article 38 (Expropriation Compensation Standards for Houses Under Entrusted Management According to Law)
As for expropriation of a house under entrusted management according to law, the house expropriation department shall sign an expropriation compensation agreement with the entrusted manager. The agreement shall be notarized by a notary organ and the relevant expropriation documents shall be submitted to the notary organ for preservation of evidence. The compensation mode and standard shall follow the provisions in Clause 2 of Article 37 herein.
Article 39 (Expropriation Compensation Standards for Houses Encumbered with Mortgages)
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 reach an agreement, the house expropriation department shall grant the compensation to the expropriated according to the agreement. In case of failure to reach an agreement, the house expropriation department, if granting monetary compensation, shall deposit the compensation money with a notary organ; if a house property right exchange is offered to the expropriated, the mortgagee may change the collateral.
Article 40 (Conclusion of Compensation Agreements)
The house expropriation department and the expropriated or the tenant of a publicly-owned house shall, pursuant to these Rules, 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 or apply for arbitration according to law.
Article 41 (Relocation)
In carrying out house expropriation, compensation shall go ahead before relocation.
After the district/county people's government that has made the house expropriation decision grants compensation to the expropriated or the tenant of a publicly-owned house, the expropriated or the tenant of a publicly-owned house 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 expropriated or tenants of publicly-owned houses to move. No development unit shall participate in relocation activities.
Article 42 (Compensation Decisions and Reconsideration and Litigation)
If the house expropriation department and the expropriated or the tenant of a publicly-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, the house expropriation department shall report the matter to the district/county people's government. The district/county people's government shall make the compensation decision according to law and the compensation program, and post the decision within the house expropriation scope.
The compensation decision shall be fair and shall contain the matters relating to the compensation agreement as set forth in Clause 1 of Article 40 herein.
As to the dispute over compensation for a residential house to be expropriated, a decision shall be made on compensation by way of the house property right exchange or by way of the monetary compensation combined with the house property right exchange. As to the dispute over compensation for a non-residential house to be expropriated, a decision shall be made on compensation by way of the house property right exchange or by way of the monetary compensation, or by way of the monetary compensation combined with the house property right exchange.
If the expropriated or the tenant of a publicly-owned house disagrees with the compensation decision, he or she may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 43 (Judicial Enforcement of Compensation Decisions)
If the expropriated or the tenant of a publicly-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 district/county people's government that has made the house expropriation decision shall, according to law, apply to the people's court for coercive enforcement.
Before applying to the people's court for coercive enforcement, the district/county people's government shall, according to law, urge in writing the expropriated or the tenant of a publicly-owned house to perform his or her obligation of relocation.
When applying to the people's court for coercive enforcement, the district/county people's government shall, according to regulations, 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 44 (Ownership of the Residential House Expropriation Compensation and Resettlement Obligations)
In residential house expropriation, the expropriated who has obtained the monetary compensation and/or the house for property right exchange shall be responsible for resettling the user of the house to be expropriated. The monetary compensation and/or the house for property right exchange obtained by the tenant of a publicly-owned house shall be shared by the tenant of the publicly-owned house and the person jointly living in the house.
Article 45 (Disclosure of Compensation Results)
The house expropriation department shall, according to law, set up files for house expropriation compensation, and disclose the per-household compensation to the expropriated and the tenants of publicly-owned houses within the house expropriation scope.
The district/county auditing organ shall strengthen their supervision over the management and use of the compensation funds for expropriation, and disclose the audit results to the public.
Chapter IV Legal Liability
Article 46 (Liability of Governmental Department Personnel)
If any person of the municipal housing administrative department, other related municipal administrative departments, the district/county people's governments, the related district/county administrative departments, or the house expropriation departments fails to perform his or her duty as set forth herein, or commits such act as abuse of power, dereliction of duty or practice of favoritism for personal interests in the house expropriation and compensation work, the person's work unit or the competent department at a higher level shall order him or her to make corrections, and criticize him or her in circular notices. If any losses have been caused, the person shall assume the liability for compensation according to law; the chief person in direct charge and other persons held directly responsible shall be given an administrative sanction according to law. If the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.
Article 47 (Liability for Relocation Through Violence or Threat)
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 regulations, compels the expropriated or the tenant of a publicly-owned house to move and causes losses shall assume the liability for compensation according to law; if the act constitutes a crime, the chief person in direct charge and other persons held directly responsible shall be prosecuted for criminal liability according to law; if the act does not constitute a crime, an administrative sanction shall be given according to law; if the act violates the public security administration, penalty for public security administration shall be imposed according to law.
Article 48 (Liability for Illegal Obstruction of Legal Expropriation)
If any person takes violence, threats or other means to impede the house expropriation and compensation work that is carried out according to law, and if the act constitutes a crime, the person 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 49 (Liability for Illegal Acts Related to Compensation)
Every person who embezzles, diverts, privately divides, retains or delays the payment of expropriation compensation shall be ordered to make corrections, retrieve the relevant money and return the illicit gains within a prescribed period. The unit held 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 the act constitutes a crime, the chief person in direct charge and other persons held directly responsible shall be prosecuted for criminal liability according to law; if the act does not constitute a crime, an administrative sanction shall be given according to law.
Article 50 (Liability of Appraisal Agencies)
Any real estate appraisal agency or real estate appraiser that issues false appraisal reports or appraisal reports containing major errors shall be ordered to make corrections within a prescribed period and given a warning by the license issuing agency concerned; and a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed on a real estate appraisal agency and, a fine of not less than 10,000 yuan but not more than 30,000 yuan on a real estate appraiser. The wrongful act shall also be recorded in relevant credit files. When the circumstances are serious, the qualification certificate and the registration certificate concerned shall be revoked. If any losses have been caused, the wrongdoer shall assume the liability for compensation according to law. If a crime is constituted, the wrongdoer shall be prosecuted for criminal liability according to law.
Chapter V Supplementary Provisions
Article 51 (Definitions of Certain Terms)
Some terms used in these Rules are defined as follows:
1. the expropriated means the owner of a house to be expropriated;
2. the tenant of a publicly-owned house means any individual or unit that has established a lease relationship with the owner or the manager of a publicly-owned house with government-regulated rent charge;
3. the person jointly living in the house means a person who has registered permanent residence in the house to be expropriated and has actually lived in the house for more than one year up to the day on which the expropriation decision is made (except certain special circumstances), and who has no other residential house in this Municipality or, despite having one, is in a straitened living condition; and
4. the user of a house means any unit or individual that actually uses the house.
Article 52 (Effective Date)
These Rules shall be effective as of the date of promulgation. The Rules of Shanghai Municipality on the Implementation of the Administration of Demolition and Relocation of Urban Houses promulgated by Decree No. 111 of Shanghai Municipal People's Government on October 29, 2001 and the Procedures of Shanghai Municipality on Affirmation of the Population Involved in Area Standard House Exchange That is to Be Resettled in the Demolition and Relocation of Urban Houses promulgated by Decree No. 61 of Shanghai Municipal People's Government on July 1, 2006 shall be repealed at the same time. Any projects for which house demolition certificates have been obtained according to law prior to the coming into force of the Regulations on the House Expropriation and Compensation on State-owned Lands shall be governed by the original rules, but the district/county people's government shall not instruct the relevant department to carry out coercive relocation.