Notice of the Office of the Municipal People's Government on printing and distributing the detailed rules for the implementation of shantytown renovation in Liupanshui City (Provisional)

The people's governments of counties, special zones and districts, the administrative committees of economic development zones, the departments and institutions directly under the Municipal People's Government, and the central and provincial administrative enterprises and institutions in the city:

The detailed rules for the implementation of shantytown renovation in Liupanshui City (Provisional) have been agreed by the Municipal People's Government and are hereby issued to you, please follow them.

August 20 15 12

(This work is released to the public)

Detailed rules for the implementation of shantytown renovation in Liupanshui City (Provisional)

Chapter I General Provisions

Article 1 In order to better promote the transformation of shanty towns in our city, solve the housing difficulties of urban low-income families, improve the living environment, improve the service function, enhance the city's taste, and promote the construction of an ecological and civilized city, according to the Opinions of the State Council on Accelerating the Transformation of Shanty Towns (Guo Fa [2065] No.438+03) and the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Tax Policies Concerning the Transformation of Shanty Towns.

Notice of the Ministry of Housing and Urban-Rural Development on Printing and Distributing the Measures for the Administration of Special Funds for Urban Affordable Housing Projects by the Central Government (Caizong [20 14] 14), Opinions of the General Office of the Provincial People's Government on Further Strengthening the Construction and Management of Urban Affordable Housing Projects (Qian Fu Ban Fa [2013] No.39), and

Article 2 The transformation of shanty towns includes the transformation of urban shanty towns (dilapidated houses), state-owned industrial and mining shanty towns, dilapidated houses in state-owned forest farms, dilapidated houses in state-owned reclamation areas, shanty towns in local coal mines decentralized by the central government and shanty towns in railways.

The transformation of urban shanty towns (dilapidated houses) refers to the transformation of areas with simple structure, high building density, long service life, poor housing quality, many hidden dangers in building safety, imperfect use functions and imperfect supporting infrastructure in urban planning areas.

The transformation of state-owned industrial and mining shanty towns refers to the overall coordinated transformation of infrastructure and housing in order to improve people's livelihood and promote coordinated economic and social development. Improve the living conditions of employees and indigenous residents by building new physical resettlement houses.

The renovation of dilapidated houses in state-owned forest farms refers to dilapidated houses in simple houses, such as mud sheds, mud boards, dry-built basements and adobe houses, which meet the C and D grades of the Appraisal Standard for Dangerous Houses (JJ125-99). Renovation of houses built for more than 30 years and houses with imperfect basic functions to improve the living conditions of employees.

The renovation of dilapidated houses in state-owned reclamation areas refers to the renovation of houses that are seriously damaged, have a house age of more than 40 years, have incomplete adobe, mud and grass structures and infrastructure facilities, or do not meet the prescribed standards, and have serious security risks, as well as dilapidated houses with an area of more than 50% in reclamation areas.

The transformation of shanty towns in local coal mines decentralized by the central government refers to the transformation of supporting infrastructure for employees' housing in coal mines directly under the central government.

The transformation of railway shanty towns is an important part of the urban affordable housing project, which is unified into the transformation scope of urban and state-owned industrial and mining shanty towns.

Article 3 These Rules shall apply to the transformation of cities and state-owned industrial and mining shanty towns within the urban planning area of Liupanshui City.

Article 4 The transformation of shanty towns shall be based on national economic and social development planning, overall urban planning, overall land use planning, land reserve planning, special planning for civil air defense projects, environmental protection planning, etc., combined with the transformation of the old city, and the planning management department shall organize the preparation of special planning for shantytown transformation, which shall be implemented after approval in accordance with legal procedures.

Fifth shantytowns should adhere to the principle of "government-led, market operation, people-oriented, people's livelihood protection, unified planning, step-by-step implementation, overall layout, optimization of space, comprehensive development, supporting construction, perfect functions and comprehensive balance", with resettlement first and transformation later.

Sixth shantytowns in accordance with the overall urban planning, the county (special zone, district, economic development zone) is responsible for the construction of the principle.

Seventh according to the special planning of shantytown renovation, the shantytown renovation office of the city (hereinafter referred to as the municipal shed renovation office) takes the lead in formulating the annual renovation plan of shanty towns in the city; Shantytown renovation projects in counties (special zones, districts and economic development zones) should be incorporated into the city's renovation plan, and the annual renovation plan will be implemented after being submitted to the Municipal People's Government for approval.

City shed reform office is responsible for coordinating relevant municipal departments to do a good job in shantytown renovation; According to the shantytown renovation plan, guide, inspect and evaluate the shantytown renovation work in counties (special zones, districts and economic development zones). At the same time, the shantytown renovation headquarters office will coordinate and solve the difficulties and problems in the shantytown renovation process regularly or irregularly.

Eighth shantytown renovation projects in accordance with the principle of territorial management, the county (SAR, SAR, Economic Development Zone) people's government (CMC) as the main responsibility and implementation of shantytown renovation.

Chapter II Transformation Target and Operation Mode

Article 9 The land for shantytown renovation projects in downtown areas shall be included in the reserves of the Municipal Land and Resources Reserve Trading Center, and the specific implementation units shall be determined through public bidding. Liuzhi Special Zone and Panxian shantytown renovation project shall be implemented with reference.

From 20 14 to 20 17, the city's shantytown renovation plan will be gradually completed, with the central city completed on 20 16 and Liuzhi Special Zone and Panxian County completed on 20 17.

Tenth shantytowns to adopt the "government-led, market-oriented" transformation model, to encourage state-owned enterprises to participate in the shantytown renovation level of land consolidation, and to support powerful and reputable enterprises to participate in the shantytown renovation.

Article 11 For shantytown renovation projects with market-oriented operation conditions, the people's governments (administrative committees) of counties (special zones, districts and economic development zones) will be the main body, and market-oriented operation modes such as attracting investment will be adopted. Specific implementation units will be determined through public bidding to carry out primary land development, and the secondary land market will be sold in the form of "bidding, auction and hanging" according to regulations.

For the shantytown renovation projects of state-owned large and medium-sized industrial and mining enterprises with many low-income families with housing difficulties, which do not have market-oriented operation conditions, but have the matching ability of funds, enterprises can use the land for their own use, mobilize the enthusiasm of employees, reasonably bear the construction funds of resettlement houses and participate in the renovation construction on the premise of conforming to the overall urban planning and the overall land use planning, and with the approval of the Municipal People's Government.

For other shantytown renovation projects that do not have market-oriented operation conditions, the people's governments of counties (special zones, districts and economic development zones) (administrative committees) are responsible for organizing the construction of resettlement houses and affordable housing, improving the housing conditions of people in shanty towns, and with the approval of the Municipal People's government, the municipal finance can give appropriate subsidies; Or with the approval of the Municipal People's Government, it will be bundled with other plots with good development value within the scope of the central city, and the development subject will be implemented in a unified manner according to the procedures.

Chapter III Policy Support

Article 12 Departments of development and reform, land and resources, housing and urban-rural construction, environmental protection, etc. at the city and county levels shall * * establish a fast track for administrative examination and approval of shantytown renovation projects, simplify examination and approval procedures, improve work efficiency and improve service methods, and complete the examination and approval procedures for qualified projects within a time limit.

Thirteenth city and county planning departments shall, in strict accordance with the approved regulatory detailed planning, timely determine the planning and design conditions of all the plots to be supplied in the shantytown renovation area in conjunction with the land and resources department. Involving supporting facilities for the aged, science, education, culture and health facilities, it is also necessary to clarify the type, proportion, area and conditions of the facilities to be built, as well as the conditions for delivery to the government or government expropriation after completion, as a condition for land supply.

Fourteenth shantytown renovation projects approved by the Municipal People's government, the construction land into the local annual land use plan, annual land reserve plan and land supply plan priority, to be guaranteed, simplify the administrative examination and approval procedures. Public rental housing construction projects and other non-profit infrastructure and public welfare facilities involved in shantytown renovation and resettlement housing can be provided through allocation. If the land for supporting commercial and service facilities in shantytown renovation and resettlement community is not suitable to be provided by "bidding, auctioning and hanging" alone, it can be provided at the market price through agreement transfer, and the retained part of the county (special zone, district) after the land transfer income is accrued according to the regulations will be used for the construction of non-operating cultural and sports facilities for affordable housing.

Fifteenth shantytown renovation project land transfer price paid in accordance with the provisions. According to the national and provincial regulations, the transfer fee is deducted from the accrued part, and the financial retained part of the city and county (SAR, District and Economic Development Zone) is used as the special fund for shantytown renovation, which is arranged by the financial budget of the city and county (SAR, District and Economic Development Zone) as a whole.

Sixteenth eligible shantytown renovation projects, free of urban infrastructure supporting fees and other administrative fees and government funds.

Communication, water supply, gas supply (heating), radio and television networks, municipal utilities and other units should give support to shantytown renovation projects, appropriately reduce operating costs, and no longer charge network access and pipe network capacity increase fees; The expenses of enterprises participating in the renovation of shanty towns organized by the government are allowed to be deducted before enterprise income tax if they meet the prescribed conditions.

Article 17 Relevant preferential tax policies shall be implemented in accordance with Caishui [2013]10/.

Eighteenth shantytown renovation projects in the specific number of resettlement housing, the people's governments at all levels and the agreement signed by the households shall prevail.

The development and construction unit shall, with the documents approved by the municipal and county people's governments, go through the relevant procedures for enjoying the policy support of shantytown renovation in the units of land and resources, housing and urban and rural construction, taxation and related municipal utilities.

Chapter IV Compensation for Land Requisition and Resettlement

Nineteenth shantytown renovation projects involving collective land into state-owned construction land, the implementer shall promptly apply to the land and resources department for land use, and declare according to procedures. The department of land and resources shall give priority to the annual plan for land use, and go through the formalities of agricultural land conversion and land expropriation.

Twentieth shantytown renovation projects involving housing expropriation, land expropriation compensation work, by the project where the county (SAR, SAR, Economic Development Zone) people's government (CMC) in accordance with relevant laws and regulations to organize the implementation.

Twenty-first shantytown renovation projects should first build or buy resettlement houses on the spot, and first resettle and then transform.

Twenty-second shantytowns to take monetary compensation, housing property rights exchange and comprehensive improvement in three ways. Housing property rights exchange is mainly based on nearby resettlement. For resettlement houses built in different places, areas with convenient transportation and perfect infrastructure should be selected. Comprehensive improvement should be based on the actual situation with the construction of kitchen, bathroom and other functional rooms, strengthen the main structure of the house, repair the external wall, update and transform the old internal pipelines, and improve the municipal infrastructure such as roads, water, electricity, gas, public toilets and other supporting service facilities such as community education, medical care and culture.

Resettlement in different places, according to the land differential increase or decrease the corresponding compensation. According to the principle of proximity, the public rental housing that has been built and not yet allocated can be used for the transitional resettlement of the expropriated person in shantytown renovation.

Chapter V Project Implementation Guarantee

Twenty-third organizations and implementation units shall fully listen to the opinions of residents within the scope of transformation by filling in the form of soliciting opinions or convening residents' meetings. If more than half of the residents think that the expropriation compensation scheme does not conform to the relevant provisions, counties (special zones, districts and economic development zones) shall organize residents and public representatives within the scope of transformation to hold hearings, and modify the expropriation compensation scheme according to the hearing. If the hearing fails for three consecutive times, the shantytown renovation plan will be cancelled with the approval of the Municipal People's Government.

Twenty-fourth shantytowns to take financial subsidies, bank loans, corporate bonds, land reserve funds, corporate support, self-financing, market development and other ways to raise funds.

Actively strive for central and provincial financial support and credit funds from financial institutions. Make full use of the central and provincial shantytown renovation policies to encourage and attract social capital to participate.

Financial departments at all levels should arrange funds to support shantytown renovation in strict accordance with the prescribed channels, from the public budget, urban maintenance and construction tax, urban public utilities surcharge, urban infrastructure supporting fees and land transfer income, and the subsidy funds for shantytown renovation should be earmarked and disbursed in time.

Twenty-fifth governments at all levels to take the "award instead of compensation" way to promote the transformation of shanty towns, the implementation of target responsibility system management, and is responsible for supervision and assessment. Timely and full payment of central and provincial shantytown renovation "with awards instead of subsidies" and other policy support funds.

Chapter VI Job Responsibilities and Working Time Limit

Twenty-sixth relevant departments at all levels and the office director (deputy director) should conscientiously perform their duties in accordance with the division of labor.

County (SAR, District, Economic Development Zone) People's Government (Administrative Committee): responsible for household survey, project declaration, announcement of expropriation, compensation and resettlement plan, signing compensation and resettlement agreement, resettlement housing construction, project packaging, fund raising and use management, investment attraction, etc.

Municipal Bureau of Land and Resources: responsible for investigating and verifying land ownership, recovering land use rights according to law, formulating land disposal plans, developing land reserves, handling land supply procedures, simplifying examination and approval procedures, and providing land in time according to law.

Municipal Housing and Urban-Rural Development Bureau: responsible for guiding the renovation and construction of shanty towns, strengthening the supervision and management of the quality and safety of shantytown renovation projects, striving for financial support from higher authorities, and cooperating with the demolition of illegal buildings according to law.

City Planning Bureau: responsible for organizing the central city and guiding (counties, special zones, districts) to prepare special plans for shantytown renovation (including resettlement housing construction plans), formulate plans for implementing safeguard measures, issue project planning and design conditions according to the approved regulatory detailed plans, and handle relevant planning procedures of the project in time.

Municipal Finance Bureau: Cooperate with relevant departments to win financial support from higher authorities, timely allocate subsidy funds from higher authorities, assist owners of shantytown renovation to carry out financing work, and supervise shantytown renovation funds.

Municipal Development and Reform Commission: take the lead in reporting and striving for funds in the central budget for supporting infrastructure construction projects for shantytown renovation; Do a good job in the examination and approval of shantytown renovation and supporting infrastructure projects within the authority according to the basic construction procedures.

Municipal Economic and Information Technology Commission: responsible for assisting the Municipal People's Government to authorize and supervise the transformation of shanty towns in enterprises, and urging and promoting the transformation of shanty towns in state-owned enterprises. The coordination of shantytown renovation in other state-owned enterprises shall be the responsibility of the corresponding competent departments of enterprises.

Municipal Environmental Protection Bureau: responsible for guiding and coordinating the examination and approval of environmental impact assessment documents for shantytown renovation projects.

Municipal Public Security Bureau: responsible for cooperating with and investigating acts that hinder the execution of official duties.

Finance Office of the municipal government: responsible for coordinating relevant departments to promote the financing of shantytown renovation.

Liupanshui Central Sub-branch and Liupanshui Banking Supervision Branch of the People's Bank of China are responsible for coordinating financial and credit support.

Other departments of the Municipal People's Government: cooperate with the work of house expropriation and compensation within the scope of duties, and implement relevant preferential policies.

City Investment and Financing Platform Company: responsible for assisting the people's governments of counties, special zones and districts and the administrative committee of Zhongshan Economic Development Zone to carry out household surveys and the construction of resettlement houses.

Director of the shantytown renovation headquarters office: responsible for the overall coordination and promotion of shantytown renovation.

Deputy Director of the shantytown renovation headquarters office (deputy secretary-general of the municipal government or other leaders of the municipal government office who undertake the duties of deputy secretary-general): responsible for the comprehensive coordination of shantytown renovation.

Deputy Director of the shantytown renovation headquarters office (concurrently the person in charge of the Municipal Bureau of Land and Resources): responsible for the transfer of shantytown renovation plots, striving for the construction land index of shantytown renovation resettlement houses, and coordinating the procedures for the construction of resettlement houses.

Deputy Director of the shantytown renovation headquarters office (concurrently responsible for the Municipal Planning Bureau): responsible for coordinating and handling the planning procedures related to the shantytown renovation resettlement housing construction project, such as planning red line map, planning design conditions, planning permission, etc.

Deputy Director of the shantytown renovation headquarters office (concurrently responsible for the financial office of the municipal government): responsible for guiding and coordinating the financing of shantytown renovation.

Deputy Director of the shantytown renovation headquarters office (concurrently responsible for the shantytown renovation office): responsible for the declaration and decomposition of shantytown renovation project indicators; Supervise, inspect and dispatch the signing of compensation and resettlement agreements and the construction of resettlement houses; Take the lead in organizing the quarterly assessment and year-end assessment of shantytown renovation in counties, special zones, districts and Zhongshan Economic Development Zone.

Twenty-seventh shantytown renovation projects to implement "one-stop" service, unified into the Municipal People's government administrative service center for. Projects that have been included in the shantytown renovation plan, comply with relevant regulations and have complete information should be completed within the prescribed time limit.

The Municipal Development and Reform Commission shall complete the examination and approval of the feasibility study report of the project within 5 working days from the date of receiving the application materials for shantytown renovation project, and complete the examination and approval of the preliminary design of the project within 6 working days. If the examination and approval authority is at the provincial level, it shall complete the preliminary examination and report within 2 working days.

The Municipal Planning Bureau shall, within 10 working days from the date of receiving the application materials for the shantytown renovation project, complete the delineation of the planning red line and the provision of planning and design conditions; Complete the land use planning permit and the construction project planning permit within 7 working days.

The Municipal Bureau of Land and Resources shall complete the land use formalities within 14 working days from the date of receiving the application materials for shantytown renovation project. Involving new construction land, the preliminary examination of land use procedures shall be completed within 12 working days, and shall be reported to the people's government at or above the provincial level for approval after being approved by the Municipal People's Government.

City Housing and Urban-Rural Development Bureau shall, within 7 working days from the date of receiving the application materials for shantytown renovation project, complete the exemption of infrastructure supporting fees and handle the construction permit procedures.

The municipal civil air defense office shall, within 5 working days from the date of receiving the application materials for shantytown renovation project, complete the procedures for the construction of air defense basement; For those who meet the conditions of ex situ construction, the examination and approval procedures for ex situ construction shall be completed within 5 working days, and those who meet the conditions for reducing and exempting ex situ construction fees shall go through the reduction and exemption procedures according to regulations.

The Municipal Environmental Protection Bureau is responsible for guiding and coordinating the environmental protection bureaus of counties, special zones and districts to complete the environmental assessment procedures within 14 working days from the date of receiving the application materials for shantytown renovation projects.

The Municipal Local Taxation Bureau shall, within 40 working days from the date of receiving the application materials for shantytown renovation projects, complete the procedures for exemption, halving and reduction of urban land use tax, stamp duty and other taxes.

Communications, water supply, gas supply (heating), radio and television networks, municipal utilities and other enterprises shall complete relevant work within 7 working days from the date of receiving the application materials for shantytown renovation projects.

Chapter VII Supervision and Evaluation

Twenty-eighth shantytown renovation project implementation should strictly implement the basic construction procedures and related technical standards, the relevant departments should perform their duties according to law, supervision in place, to ensure the quality and safety of the project.

Twenty-ninth shantytowns should be transformed in strict accordance with the approved transformation plan; If it is really necessary to change during the implementation of the transformation, it shall be submitted for approval according to the original procedures;

If it is not implemented according to the approved transformation plan, it shall be handled by the relevant departments according to law.

Thirtieth shantytown renovation project in the implementation process of civil disputes, the county (SAR, District, Economic Development Zone) related departments to coordinate. If no settlement can be reached through consultation, the parties may bring a lawsuit to the people's court according to law, or submit it to the Arbitration Commission for arbitration according to the agreement.

Article 31 The relevant departments of counties (special zones, districts and economic development zones) shall intensify their efforts to deal with illegal construction activities and put an end to new illegal construction activities. For the upcoming shantytown renovation project, it is necessary to immediately control the regional status quo, clarify responsibilities, strictly reward and punish, and control illegal construction behavior. It is strictly forbidden for enterprises and institutions to build welfare housing by the shantytown renovation policy, and it is strictly forbidden to build, relocate, rebuild, expand, purchase and maintain government buildings and halls in the name of shantytown renovation to prevent image projects such as big squares and main roads from being built due to shantytown renovation. If the illegal construction seriously affects the project construction, the responsibility shall be investigated according to the regulations and procedures.

Thirty-second shantytown renovation managers and staff should conscientiously perform their duties. Units and personnel who abuse their powers, neglect their duties, engage in malpractices for selfish ends and neglect their duties shall be dealt with according to law by their units or the competent department at a higher level; Suspected of committing a crime, transferred to judicial organs according to law; If losses are caused to the parties concerned, compensation shall be made according to law.

Article 33 the shantytown renovation work shall be included in the major supervision and inspection items of the Municipal People's Government, and the supervision shall be strengthened in strict accordance with the Notice of the Office of the Municipal People's Government on Printing and Distributing the Interim Measures for the Supervision and Inspection of the Liupanshui Municipal People's Government (Liupanshui Municipal Government Office [2014] No.23). For the implementation subject whose work is not implemented and measures are not in place, it is necessary to start the accountability procedure and hold the relevant responsible persons accountable.

Chapter VIII Supplementary Provisions

Thirty-fourth these rules shall be interpreted by the Municipal Housing and Urban-Rural Development Bureau.

Article 35 These Rules shall come into force 30 days after the date of promulgation. At the same time, the opinions of the Municipal People's Government on vigorously promoting the transformation of shanty towns (Shifufa [2065438+02] No.5) shall be abolished. Inconsistent with these rules, these rules shall prevail.