Administrative Measures for Funds Dedicated to Reconstruction of Urban Slum Dweller Zone Subsidized by the Central Government

中央补助城市棚户区改造专项资金管理办法

Promulgating Institution:Ministry of Finance; Ministry of Housing and Urban-Rural Development

Document Number:

Cai Zong [2010] No. 46

Promulgating Date:06/25/2010

Effective Date:01/01/2010

颁布机关:财政部; 住房和城乡建设部

文      号:财综[2010]46号

颁布时间:06/25/2010

实施时间:01/01/2010

Chapter 1 General Provisions

第一章  总则

  Article 1   Pursuant to the provisions in Guiding Opinions regarding Advancing the Reconstruction Work on Urban and State-Owned Industrial and Mining Slum Dweller Zones (Jian Bao [2009] No. 295) of the Ministry of Housing and Urban-Rural Development, National Development and Reform Commission, Ministry of Finance, Ministry of Land and Resources, and People's Bank of China, the Central Finance has set up dedicated funds to subsidize the reconstruction of urban slum dweller zones (hereinafter referred to as subsidy funds for reconstruction of urban slums) for the purpose of supporting the local government in managing the work on reconstruction of urban slum dweller zones properly. These Measures have been formulated for the purposes of ensuring the application and administration of subsidy funds for reconstruction of urban slums is standardized, institutionalized and put into procedures, and enhancing the effectiveness in the application of funds.

       第一条  根据住房城乡建设部、国家发展改革委、财政部、国土资源部、人民银行《关于推进城市和国有工矿棚户区改造工作的指导意见》(建保[2009]295号)的规定,为支持地方做好城市棚户区改造工作,中央财政设立补助城市棚户区改造专项资金(以下简称城市棚改补助资金)。为确保城市棚改补助资金使用和管理的规范化、制度化、程序化,提高资金使用效益,特制定本办法。

  Article 2  The scope of subsidy for subsidy funds for reconstruction of urban slums covers the reconstruction plans for slum dweller zones and reconstruction projects for urban slum dweller zones under the yearly reconstruction plans as approved by the provincial People's Government which have been included in the urban planning zones. It does not include the projects for reconstruction of villages within the cities and reconstruction of slum dweller zones in coal mines, reclamation areas and forest areas which are included in the urban planning zones.

       第二条  城市棚改补助资金的补助范围为城市规划区内已纳入省级人民政府批准的棚户区改造规划和年度改造计划的城市棚户区改造项目,不包括城中村改造和城市规划区内的煤矿、垦区和林区棚户区改造项目。

  Article 3   The subsidy fund for reconstruction of urban slum shall be allocated to the provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the State plan, and Xinjiang Production and Construction Corps (hereinafter referred to as regions) which are carrying out construction of urban slum dweller zones based on the principles of openness, fairness, justice and transparency and is to be used specifically in subsidizing reconstruction projects for urban slum dweller zones led by the government, including expenditure for demolition and relocation, settlement , construction as well as the supporting construction of the relevant infrastructure. It shall not be used in the construction expenditure for housing development, and supporting construction of commercial and service-sector business facilities outside the relocation and settlement resulting from reconstruction of urban slum dweller zone.

       第三条  城市棚改补助资金按照公开、公平、公正、透明的原则分配给实施城市棚户区改造的省、自治区、直辖市、计划单列市及新疆生产建设兵团(以下简称地区),专项用于补助政府主导的城市棚户区改造项目,包括拆迁、安置、建设以及相关的基础设施配套建设等开支,不得用于城市棚户区改造中回迁安置之外的住房开发、配套建设的商业和服务业等经营性设施建设支出。

  Article 4   All regions shall tighten the administration of subsidy funds for reconstruction of urban slums based on the principles of "specific administration, separate accounting, specific amount for specific use, and performance tracking" so as to ensure that the funds are used in a secured, standardized and effective manner.

       第四条  各地区应当按照“专项管理、分账核算、专款专用、跟踪问效”的原则,加强城市棚改补助资金管理,确保资金安全、规范、有效使用。

  Article 5   The subsidy funds for reconstruction of urban slums shall be adjusted according to the progress of the reconstruction work on urban slum dweller zone when appropriate.

       第五条  城市棚改补助资金根据城市棚户区改造工作进展情况适时调整。

Chapter 2 Computation and Allocation of Funds

第二章  资金的计算与分配

  Article 6  In order to accelerate the advancement in the reconstruction work on urban slum dweller zone at local level, the subsidy fund for reconstruction of urban slum shall be allocated based on the principles of more subsidies for more reconstruction and no subsidy if no reconstruction.

       第六条  为促进地方加快推进城市棚户区改造工作,城市棚改补助资金按照多改造多补助、不改造不补助的原则进行分配。

  Article 7  The subsidy fund for reconstruction of urban slum shall be allocated based on two factors, namely the floor area of demolition and the number of relocating household which are subject to reconstruction of urban slum dweller zones at all regions, as well as the corresponding weight (30% and 70% respectively), at the same time, incorporate the degree of fiscal difficulty. 

The floor area of demolition includes the built-in area of housing and non-housing to be demolished and shall be based on the demolition compensation and settlement agreement signed by the demolition entity and the demolition subject.

The number of demolition household shall be based on the demolition compensation and settlement agreement signed. It includes number of household resettled with physical housing (settlement at original location and at different location), and number of household with monetary compensation, which are all considered as number of household with permanent resettled housing. It does not include number of household with temporary settled housing.

The degree of fiscal difficulty shall be determined by making reference to the coefficient for degree of fiscal difficulty calculated from balanced transfer payment by the Ministry of Finance and shall be used as the adjustment coefficient in allocation of subsidy fund for reconstruction of urban slum by the Central Finance.

       第七条  城市棚改补助资金按照各地区城市棚户区改造的拆迁面积、拆迁户数等两项因素以及相应权重(分别为30%、70%),并结合财政困难程度进行分配。

    拆迁面积包括住房和非住房拆迁建筑面积,以拆迁人与被拆迁人签订的拆迁补偿安置协议为依据。

    拆迁户数以签订的拆迁补偿安置协议为依据,包括实物安置住房户数(原地安置和异地安置)和货币补偿户数,均为永久安置住房户数,不包括临时安置住房户数。

    财政困难程度参照财政部均衡性转移支付测算的财政困难程度系数确定,作为中央财政分配城市棚改补助资金的调节系数。

  Article 8  The subsidy fund for reconstruction of urban slum shall be allocated based on formula. Total dedicated subsidy fund allocated to a certain region = [(Yearly demolition floor area approved for that region x coefficient for degree of fiscal difficulty for that region in last year) ÷ ∑ (yearly demolition floor area approved for all regions x coefficient for degree of fiscal difficulty for the corresponding regions in last year) x 30% + (yearly number of demolition household approved for that region x coefficient for degree of fiscal difficulty for that region in last year) ÷ ∑ (yearly number of demolition household approved for all regions x coefficient for degree of fiscal difficulty for the corresponding regions in last year) x 70%] x Total scale of yearly subsidy fund for reconstruction of urban slum. Among which: yearly demolition floor area approved for that region refers to planned demolition floor area for the current year for that region, minus planned demolition floor area uncompleted in last year, plus demolition floor area completed in excess of last year's plan. Yearly number of demolition household approved for that region refers to the number of demolition household planned for current year for that region, minus planned number of demolition household uncompleted in last year, plus number of demolition household completed in excess of last year's plan. The status of completion pertaining to the aforesaid planned demolition floor area and number of demolition household shall be based on whether demolition compensation and settlement agreement has been signed.

       第八条  城市棚改补助资金按公式法分配。分配给某地区的专项补助资金总额=〔(经核定的该地区年度拆迁面积×该地区上一年财政困难程度系数)÷∑(经核定的各地区年度拆迁面积×相应地区上一年财政困难程度系数)×30%+(经核定的该地区年度拆迁户数×该地区上一年财政困难程度系数)÷∑(经核定的各地区年度拆迁户数×相应地区上一年财政困难程度系数)×70%〕×年度城市棚改补助资金总规模。其中:经核定的该地区年度拆迁面积是指该地区当年计划拆迁面积,减去上年度未完成的计划拆迁面积,加上上年度超计划完成的拆迁面积;经核定的该地区年度拆迁户数是指该地区当年计划拆迁户数,减去上年度未完成的计划拆迁户数,加上上年度超计划完成的拆迁户数。上述有关计划拆迁面积和拆迁户数的完成情况,以是否签订拆迁补偿安置协议为准。

  Article 9   The finance department of the province (region or municipality) that carries out reconstruction of slum dweller zone shall submit the following materials jointly with the competent department for reconstruction of slum dweller zone to the local finance supervision office prior to February 28 of each year after consolidating and verifying whether the respective cities and counties (divisions and regiments) have made declaration according to the provisions: 1. The plan for reconstruction of urban slum dweller zone at the local region and the yearly reconstruction plan, as well as all the plans for reconstruction of urban slum dweller zone at the cities and counties (divisions and regiments) and the yearly reconstruction plan approved by the provincial People's Government. 2. Photocopies of demolition permits approved and issued by the relevant departments at the cities and counties (divisions and regiments), demolition plans for projects on reconstruction of slum dweller zone at all cities and counties (divisions and regiments) for last year, demolition compensation and settlement program for projects on reconstruction of slum dweller zone at all cities and counties (divisions and regiments) for last year, and photocopies of demolition compensation and settlement agreement signed for all cities and counties (divisions and regiments) in last year. 3. Explanations from provincial finance department and its competent department for reconstruction of slum dweller zone in respect of the examination and approval of declaration materials from the cities and counties (divisions and regiments). 4. Half-yearly work progress, and yearly plan completed in respect of urban and state-owned industrial and mining slum dweller zones, and land supply and development reported by the housing and urban-rural development department at provincial level. 5. Other materials related to the examination and approval. At the same time, fill in and submit the Form for Demolition and Relocation Plan for Projects on Reconstruction of Urban Slum Dweller Zone and Status of Completion for Year _______ (attached form) strictly according to the provisions.

       第九条  实施棚户区改造的省(区、市)财政部门应会同棚户区改造主管部门,在汇总审核各市、县(师、团场)是否按照规定申报后,于每年2月28日之前向当地财政监察专员办事处提交下列资料:1、经省级人民政府批准的本地区城市棚户区改造规划及年度改造计划,各市、县(师、团场)城市棚户区改造规划和年度改造计划;2、各市、县(师、团场)有关部门核发的拆迁许可证复印件,上年度各市、县(师、团场)城市棚户区改造项目拆迁计划,上年度各市、县(师、团场)城市棚户区改造项目拆迁补偿安置方案,上年度各市、县(师、团场)签订的拆迁补偿安置协议复印件;3、省级财政部门及其棚户区改造主管部门对市、县(师、团场)申报材料审核情况的说明;4、省级住房城乡建设部门上报的城市和国有工矿棚户区改造半年工作进展情况、年度计划完成情况及土地供应开发情况;5、其他与审核有关的材料。同时,严格按照规定填报《____年度城市棚户区改造项目拆迁计划和完成情况表》(附表)。

  Article 10  The finance supervision offices of Ministry of Finance located at all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan shall conscientiously examine and verify the relevant information submitted by the local authorities to ensure that not less than 3 prefecture-level cities (include autonomous counties and counties directly administered by provinces) are subject to on-site spot check and verification. During spot check, they shall focus on inspecting the signing and conclusion of demolition compensation and settlement agreement and the execution. Where necessary documents such as photocopies of demolition permits, approval document for use of land for construction, permit for plan on land used for construction, permit for plan on construction project, permit for execution of construction work, etc are not provided to the supervision office, affirmation shall not be granted. Where the outcome of spot check and inspection differs from the reported data to a large extent, the declaration materials shall be returned promptly. The finance department for the region concerned shall adjust the data again jointly with the competent department for reconstruction of slum dweller zone and re-submit thereafter. At the same time, the finance supervision offices of Ministry of Finance located at all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan shall report the outcome of spot check and inspection to the Ministry of Finance through the mode of written summary reports and attached forms.

       第十条  财政部驻各省、自治区、直辖市、计划单列市财政监察专员办事处应对地方报送的相关资料进行认真审核,确保实地抽查审核比例不少于3个地级市(含自治县、省直管县),抽查时要重点核查拆迁补偿安置协议的签订、实施情况。未能向专员办提供拆迁许可证复印件,以及建设用地批准文件、建设用地规划许可证、建设工程规划许可证、建筑工程施工许可证等必要文件的,将不予认定。如果抽查审核结果与报送数据相差较大的,应当及时将申报材料退回,相关地区财政部门会同棚户区改造主管部门重新调整数据后再报。同时,财政部驻各省、自治区、直辖市、计划单列市财政监察专员办事处应当将抽查审核结果以书面总结报告及附表形式上报财政部。

  Article 11  Prior to March 31 of each year, the finance departments and the competent departments for reconstruction of slum dweller zone of all regions shall submit the aforesaid materials to the Ministry of Finance and Ministry of Housing and Rural-Urban Development after these have been examined, verified and affirmed by the finance supervision office. Where the opinion on examination and verification from the finance supervision office is not attached, it shall not be accepted. Where the region does not submit the relevant information according to the stipulated time, it shall be treated as not applying for subsidy fund for reconstruction of urban slum. The allocation of subsidy fund for reconstruction of urban slum in year 2010 shall be based on the number of household for reconstruction of urban slum dweller zone for year 2010 and other factors as determined in the letter of working targets and liabilities for housing protection as concluded and signed by all regions with the Ministry of Housing and Rural-Urban Development.

       第十一条  每年3月31日之前，各地区财政部门、棚户区改造主管部门应当将财政监察专员办事处审核认定后的上述资料报送财政部、住房城乡建设部。对于未附财政监察专员办事处审核意见的，将不予受理。对于未按规定时间报送有关资料的地区，视同不申请城市棚改补助资金处理。2010年城市棚改补助资金分配，以各地区与住房城乡建设部签订的住房保障工作目标责任书中确定的2010年城市棚户区改造户数等因素为准。

Chapter 3 Disbursement and Application of Funds

第三章  资金的拨付和使用

  Article 12  In year 2010, the central finance shall compute and allocate the subsidy fund for reconstruction of urban slum based on the aforesaid allocation formula and in accordance with the current year plans of all regions for number of household for reconstruction of urban slum dweller zone, the coefficient for fiscal difficulty and other factors. At the same time, it shall, prior to the end of June 2010, disburse it to the finance department of the region concerned that carries out the reconstruction of urban slum dweller zone. From year 2011 onwards, the central finance shall compute and allocate the scale of funds for each region according to the yearly demolition floor area and number of demolition household verified for all regions and coefficients of fiscal difficulty, at the same time, transmit the information to the finance departments at all regions that carry out reconstruction of urban slum dweller zone prior to April 30 of each year.

       第十二条  2010年,中央财政按照上述分配公式,根据各地区当年计划城市棚户区改造户数和财政困难系数等因素测算分配城市棚改补助资金,并于2010年6月底前拨付到实施城市棚户区改造的相关地区财政部门。从2011年开始,中央财政根据各地区经核定的年度拆迁面积、拆迁户数和财政困难系数测算分配每个地区的资金规模,并于每年4月30日前下达到实施城市棚户区改造的各地区财政部门。

  Article 13   After receiving the amount of subsidy fund for reconstruction of urban slum transmitted down by the central finance, the finance departments of all regions that carry out reconstruction of urban slum dweller zones shall refer to the allocation plan of the central finance and transmit it once to the municipal and county finance departments or the divisions and regiments that have already carried out the reconstruction of urban slum dweller zone prior to May 31 of each year (of which year 2010 shall be done prior to end of July), at the same time, make a copy of the transmitted document and send it to the finance supervision office of the Ministry of Finance located locally. After receiving the subsidy fund for reconstruction of urban slum, the municipal and county finance departments or the divisions and regiments shall use it as expenditure for carrying out reconstruction of urban slum dweller zone at the cities and counties or divisions and regiments according to the provisions, at the same time, disburse the fund promptly according to the progress of the project.

       第十三条  实施城市棚户区改造的各地区财政部门收到中央财政下达的城市棚改补助资金数额后,应当参照中央财政的分配方案,于每年5月31日前(其中,2010年应于7月底前)一次下达已经实施城市棚户区改造的市、县财政部门或师、团场,并将下达文件同时抄送财政部驻当地财政监察专员办事处。市、县财政部门或师、团场收到城市棚改补助资金后,应当按照规定用于市、县或师、团场实施城市棚户区改造的支出,并按项目进度及时拨付资金。

  Article 14  The finance departments at all regions as well as the municipal and county finance departments or divisions and regiments that carry out the reconstruction of urban slum dweller zones shall implement specific administration and separate accounting in respect of subsidy fund for reconstruction of urban slum, as well as use it strictly according to the stipulated purpose. It shall not be retained for own use, misappropriated or diverted for other use as well as used in balancing its own budgets. The competent department for reconstruction of urban slum dweller zone and the organization carrying out the project shall use the subsidy fund for reconstruction of urban slum strictly according to these Measures and shall not divert it for other use. The disbursement of subsidy fund for reconstruction of urban slum shall be executed in accordance with the relevant provisions for the fiscal and treasury administration system.

       第十四条  实施城市棚户区改造的各地区财政部门,以及市、县财政部门或师、团场,应当对城市棚改补助资金实行专项管理、分账核算,并严格按照规定用途使用,不得截留、挤占、挪作他用,也不得用于平衡本级预算。城市棚户区改造主管部门及项目实施单位要严格按照本办法使用城市棚改补助资金,不得挪作他用。城市棚改补助资金的支付,按照财政国库管理制度的有关规定执行。

  Article 15   In arranging for the use of subsidy fund for reconstruction of urban slum, the municipal and county finance departments or the divisions and regiments shall fill up the expenditure account in the Classified Accounts for Government Income and Expenditure in Year 2010 under the category 221 "Housing Protection Expenditure", section 01 "Low Income Housing Expenditure", item 03 "Reconstruction of Slum Dweller Zone" expenditure account.

       第十五条  市、县财政部门或师、团场安排使用城市棚改补助资金时，填列《2010年政府收支分类科目》支出科目中的221类“住房保障支出”01款“保障性住房支出”03项“棚户区改造”支出科目。

Chapter 4 Supervision and Administration

第四章  监督管理

  Article 16  The finance departments at all regions which carry out the reconstruction of urban slum dweller zone must ensure that the subsidy funds for reconstruction of urban slum are disbursed to the municipal and county finance departments or divisions and regiments on timely manner. The municipal and county finance departments or divisions and regiments, as well as the competent departments for reconstruction of slum dweller zone and project implementation organizations must ensure that the subsidy funds for reconstruction of urban slum are used according to the stipulated purposes. In respect of grave falsification and misrepresentation of data in the application for subsidy funds for reconstruction of urban slum leading to violation of regulations, it shall be made known nationwide through circular and the relevant personnel shall be investigated for liability according to the relevant provisions. In respect of defrauding the subsidy funds for reconstruction of urban slum through violation of regulations, or adopting means such as false declaration or overstatement, or using the subsidy funds for reconstruction of urban slum not according to the stipulated allocation, upon verification, the Ministry of Finance shall recall the subsidy funds for reconstruction of urban slum that has already been arranged, or deduct the subsidy fund for reconstruction of urban slum the said region is entitled to in the following year. At the same time, it shall be handled in accordance with the provisions in Regulations for Punishment and Disciplinary Action against Conduct of Fiscal Violation (Order of State Council No. 427), as well as to investigate for administrative liability of the responsible personnel concerned according to law.

       第十六条  实施城市棚户区改造的各地区财政部门要确保将城市棚改补助资金及时拨付到市、县财政部门或师、团场。市、县财政部门或师、团场以及城市棚户区改造主管部门和项目实施单位必须确保城市棚改补助资金按照规定用途使用。对于弄虚作假,违规虚报城市棚改补助资金申请数据问题严重的,将在全国范围内通报,并按有关规定追究相关人员的责任。对于违反规定,采取虚报、多报等方式骗取城市棚改补助资金,不按规定分配使用城市棚改补助资金的,一经核实,财政部将收回已安排的城市棚改补助资金,或扣减下一年度该地区应得的城市棚改补助资金。同时,要按照《财政违法行为处罚处分条例》(国务院令第427号)的规定进行处理,并依法追究有关责任人员的行政责任。

  Article 17   The finance supervision office shall carry out supervision and examination of the authenticity of the basic data declared in respect of the subsidy fund for reconstruction of urban slum and the status of allocation and application of the subsidy fund for reconstruction of urban slum to ensure that the subsidy fund for reconstruction of urban slum is used according to the stipulated purpose. The finance departments at all regions that carry out the reconstruction of urban slum dweller zones shall tighten the supervision and examination over the use of subsidy funds for reconstruction of urban slums within the local regions and to prevent the acts of violation of law or violation of discipline such as misappropriation and embezzlement from taking place.

       第十七条  财政监察专员办事处对城市棚改补助资金申报基础数据的真实性、城市棚改补助资金分配使用情况开展监督检查，确保城市棚改补助资金按照规定用途使用。实施城市棚户区改造的各地区财政部门要加强对本地区城市棚改补助资金使用情况的监督检查，防止挤占、挪用等违法违纪行为的发生。

Chapter 5 Supplementary Provisions

第五章  附则

  Article 18   In principle, the subsidy fund for reconstruction of urban slum shall be computed and allocated according to the provisions of Chapter 2 of these Measures. If major natural disaster or other peculiar situation is encountered, the allocation of the subsidy fund for reconstruction of urban slum may be inclined towards the region inflicted by the disaster as appropriate.

       第十八条  城市棚改补助资金原则上按照本办法第二章规定计算和分配。如遇发生重大自然灾害等特殊情况,城市棚改补助资金分配时可以适当向受灾地区倾斜。

  Article 19   The finance departments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan, as well as the finance bureau of Xinjiang Production and Construction Corps may, according to these Measures, incorporate the reality of various regions in formulating specific implementation measures, at the same time, report to the Ministry of Finance and Ministry of Housing and Urban-Rural Development for record filing.

       第十九条  各省、自治区、直辖市、计划单列市财政部门以及新疆生产建设兵团财务局会同城市棚户区改造主管部门可以根据本办法,结合各地区实际制定具体实施办法,并报财政部、住房城乡建设部备案。

  Article 20   These Measures shall take effect on January 1, 2010.

       第二十条  本办法自2010年1月1日起施行。

  Article 21   The Ministry of Finance and Ministry of Housing and Urban-Rural Development shall be responsible for interpretation of these Measures.

       第二十一条  本办法由财政部会同住房城乡建设部负责解释。