Key Benefits:
Modalities for the collection and compensation of homes in the Shenzhen City (Act No. 248 of 18 March 2013 of the People's Government Order No. 248 of 18 March 2013)
Chapter I General Article 1 provides for the protection of the legitimate rights and interests of the licensed owner, the maintenance of public interest, the regulation of the collection and compensation activities of the city's homes, in accordance with the People's Republic of China Act, the National Land Taxation and Compensation Regulations (hereinafter referred to as the Regulations) and the development of this approach in conjunction with the practice of the city. Article 2 applies to the activities of house collection and compensation for the licensed owner (hereinafter referred to as the licensor) in the administrative area of the city. Article 3. The Government of the People of the Region (hereinafter referred to as the Government of the Region) is responsible for the collection and compensation of homes within the Territory. Cross-zoning projects are carried out by the respective territorial governments in charge of house collection and compensation, and there is a need to be integrated by the Municipal People's Government (hereinafter referred to as the city's government) and, subject to the approval of the municipal government, the relevant sector governments or the relevant sectors are tasked with the collection and compensation of homes. The city-planning sector is responsible for the guidance, supervision and management of the operation of house collection and compensation in the city, with the following responsibilities: (i) The establishment and improvement of the compensation policy system, norms, rules of operation and safeguards mechanisms for housing in the city, in accordance with the law; (ii) Development and improvement of policy measures such as the planning, construction, alignment, property rights regime, in accordance with the law; (iii) To organize investigations, identification and treatment of unregistered buildings prior to the decision on house collection; (iv) The establishment of an assessment of house collection, pre-selection of mapping institutions, and supervision management of the price assessment, the assessment of area mapping, and mapping agencies involved in the house; (v) To receive reports of the collection and to deal with them in a timely manner; (vi) Guidance, supervision and management responsibilities for other houses. Article IV is responsible for the organization of work on the collection and compensation of homes established by the municipality (hereinafter referred to as the city's house collection). Sectoral governments are responsible for the organization of the collection and compensation of homes in the territories, which are established by law by law (hereinafter referred to as the area of house collection and compensation, with the establishment of new district administrations in this area, and the Government of the District should identify separate units for new areas. The urban, district housing-covered sectors (hereinafter referred to as house-covering services) perform the following duties: (i) The development of housing-related compensation programmes; (ii) Organizing a pre-auction survey of the rights of tenure, place, use, construction area, etc. of the house; (iii) To establish the scope of house collection and, in writing, to inform the relevant authorities about the suspension of the procedures relating to the admissibility, approval, registration, etc. of conduct restrictions within the scope of house collection; (iv) The exclusive storage, allocation and payment of compensation costs for the administration of houses, the provision of swing houses or house accommodations, the non-payment of compensation agreements for the duration of the contract, and the reporting of the Government's compensation decisions and public statements; (v) To carry out, on its own or entrusted to the house, specific work related to the provision of compensation agreements, the organization of the evaluation of selected homes, mapping agencies, etc.; (vi) The management of the home-based compensation file and the publication of the sub-house compensation; (vii) The training and management of house-covered staff, the promotion, interpretation of homes and compensation, and the guarantee of the legitimate rights and interests of the earned income; (viii) The collection and compensation of other houses delivered by the city, the territorial Government. Article 5 Execution units of the house are entrusted by the house and undertake specific work on the collection and compensation of the following houses: (i) Pre-term investigations into the extent to which housing is covered by the house, the place, the use, construction area, etc.; (ii) Consultations with the licensee on compensation for homes; (iii) To carry out the assessment of the collection of houses by candidates and the organization of the mapping agencies; (iv) The demolition of stolen homes and their subsidiary facilities by law; (v) The collection and compensation of other houses commissioned by the house. The house-covered implementation units shall not be used for profit. The construction unit and the legal and other organizations, such as the Real estate Development Corporation, the Property Management Corporation, shall not accept the commissioning of a house levying unit, nor shall it be in a position to pay (exploitation) and be surrendered. The house-covering sector should monitor the collection and compensation of house-covered units and assume legal responsibility for the consequences of its conduct within the scope of the commission. The new regional management bodies, street offices and all levels of development reform, finance, housing construction, living environment, market regulation, public safety, tax, migrant, labour and social security, trade information, audit, urban governance, education, etc. should provide assistance in the collection and compensation of homes, in accordance with the Regulations, this approach and the responsibilities set by the Government, with full functionality, in collaboration with each other. Article 7. Any organization and person who violates the provisions of the Regulations and this approach shall be entitled to report to the city, the territorial Government and the planning of the land sector, the house collection sector and other relevant departments. Upon receipt of reports by the city, the territorial Government and the planning of the land sector, the house collection sector and other relevant departments, it should be promptly verified, processed and kept confidential with the information of the reportingers and will be promptly informed of the true reporters. The inspectorate should enhance the supervision of the relevant departments or units involved in the collection and compensation process. Chapter II Article 8. In order to guarantee the need for public interest, such as national security, the promotion of national economic and social development, there is one of the following cases in which there is a need for the collection of homes, which is charged by the territorial Government following the inclusion of the annual home-based scheme under this scheme: (i) Defence and diplomatic needs; (ii) The need for infrastructure-building, such as energy, transport and water, carried out by government organizations; (iii) The needs of public utilities, such as science and technology, education, culture, health, sports, environment and resource protection, disaster risk reduction, material protection, social welfare, and municipal public use, carried out by governmental organizations; (iv) The need for secure housing construction by government organizations; (v) The Government's need for re-engineering and urban upgrading in the old urban areas in accordance with the relevant provisions of the Rural and Rural Planning Act; (vi) Needs for other public interest under the law, administrative regulations. It should be in line with the Regulations, the present approach and include the annual plan for land rehabilitation throughout the city. The annual plan for land tenure covers the planned arrangements for the land refurbishment of homes and has the same legal effect as the annual home collection scheme. Article 9. The housing sector (including new areas) should prepare draft plans for the annual house collection in this area in accordance with the provisions of national economic and social development planning, the recent construction and land-use planning annual implementation plan and article 8 of this approach, and transmit the draft plan for house collection for the year under this area to the urban housing sector by 1 November each year. After the introduction of a draft plan for the annual house collection in each area, the city's land sector should be reported by 1 December each year. The city planning sector should seek approval from the municipal development reform sector and report to the municipal government for approval by 31 December each year. After the approval of the entire municipal house, there is a need for adjustments and the approval of the municipal government. Nothing in the annual home collection plan for the entire city or the municipal land rehabilitation plan shall be carried out. Article 10 project construction units should conduct project-specific, selection sites, etc., in accordance with the annual home-based scheme, access to planning options related to land pre-trial documents, and submit home collection within three working days of the date of the planning selection site and the land pre-trial document. In line with the scope of the land-related pre-trial documents, the housing-covering sector has identified the specific scope of the proposed house (hereinafter referred to as house collection) in the light of the actual situation of the housing property rights, which is required by the urban renovation project, and the housing collection sector should determine the scope of the house's collection in accordance with the approved urban update module, which is in effect; the land reserve needs to be collected in the context of the approved land reserve project. Within three working days after the scope of the house was determined, the housing leakage sector should not be compensated for the increase in the number of the additional portions of the increase in the cost of compensation due to the fact that the Government's website was issued in the form of a press release, and that the decision sheet was issued from the date of the announcement to the home. (i) Construction, alteration, expansion and renovation of homes; (ii) Changes in homes and land use; (iii) The construction of houses that have been approved by law but have not been completed; (iv) A new contract for rental of homes after one year after the date of the release; (v) In addition to marriage, birth, repatriation, veterans, lapidal release and removal of labour rehabilitation, etc., forced evictions and sub-houses of other households outside the home; (vi) The registration and modification process for the registration of a house at the registered address; (vii) Other inappropriate increases in compensation costs. In one year after the introduction of the announcement, no decisions have been taken on the house, the next annual house collection plan still provides a plan for house collection, which should be issued again within three working days after the planned approval. As a result of the decisions taken by the house, an illustrative and inappropriate increase in the cost of compensation in violation of article 1, paragraph 2, cannot be compensated in part by an undue increase. In the case of a housing compensation assessment, it should be used as one of the basis for the assessment. As a result of the establishment of the scope of the house, the housing levy sector should organize a pre-emption survey of the properties, use, area, etc. of the house, and entrust the municipality with the establishment of a budget for the construction of housing-covered projects by non-profit institutions that perform the assessment function. The cost of the preparation of the budget programme for the house is included in the cost of compensation for housing, which is carried out in accordance with the national fee-for-service rates for real estate brokering services. The previous survey and the preparation of the budget for house collection should be completed within 30 days of the date of the coverage of the house. Article 13. The housing levy shall be established within 30 days of the house's coverage, in conjunction with the proposed budget for the previous survey and project costs, and the development of the housing-related reimbursement programme to the territorial Government. Reimbursement programmes have been developed for the new sector, which can be entrusted by the authorities of the new zone to organize the activities set out in this approach, seek advice, hearing. Article 14. Reimbursement programmes for homes should include the following: (i) The scope of house collection, the content of compensation, the manner of compensation, the compensation criteria and the cost estimates for the project; (ii) The number, number, relocation criteria, set-up area and settlement of basic prices, transitional approaches, temporary housing standards, etc. as a property transfer facility; (iii) The duration of the contract and the period of advance relocation; (iv) The criteria for incentives and subsidies; (v) Reimbursement accounts for homes; (vi) Other elements of the compensation programme should be included. Article 15. The territorial Government shall organize financial, development reform, inspection, auditing, etc. to justify the compensation programme for homes. The territorial Government shall make the housing levy programme available on the Government's website and seek the public opinion for a period not less than 30 days. The owner of the house was objected and should be given a document such as his/her identity certificate, the commissioning of an activist and the right to housing certificate and submit written observations to the house-covered sector within the time of the request. The territorial Government shall, within 30 days of the end of the request period, seek advice and modify the housing compensation programme based on public opinion, be made available on the scope of house collection and on the Government's website in a timely manner. Article 16, which is due to the need for housing under article 8, subparagraph (v), of this scheme, provides for more than 1/2 of the total house area and for more than 1/2 of the total number of homeowners, that the compensation programme is not in accordance with the Regulations, this approach provides that the territorial Government should organize home ownership and public representatives, organize hearings in accordance with the relevant provisions of the administrative hearings in the city and amend the programme in accordance with the hearings. At the time of calculating the number of ownership of the house, the total number of people living in the house is calculated by a owner. Prior to the decision on house collection, the housing levy sector should be based on the relevant provisions of the broad-based, present-market-related assessment of social stability, expert advice from major decision-making experts, to develop a social stabilization risk assessment programme and an indicative course to synchronize the assessment of the social stability risks associated with the house, as set out in article 15, paragraph 2, of this approach. After an assessment of the evidence, the home-covered sector should have a risk assessment report that risk assessment reports should provide a risk rating for the home and make recommendations that can be implemented, suspended or non-implemented. Article 18. Reimbursement costs for homes are subject to the principles of exclusive storage, specialization, exclusive management and timely payment. Prior to the decision on house collection, the housing levy sector should implement the cost of compensation for the house with the relevant departments and ensure that the cost of compensation for the house is in full. The financial, auditing sector should monitor and audit the use of compensation charges in accordance with the law. Article 19 provides for the collection of homes in accordance with articles 8, subparagraphs (i), (ii), (iii), and (vi), of this approach, with the following conditions: (i) The proposed collection of housing projects is in line with the requirements of national economic and social development planning and has obtained a review of project proposals or feasibility studies by the development reform sector; (ii) The proposed collection of housing projects is in line with urban planning requirements and has access to planning sites related to land pre-trial documentation; (iii) A social stabilization risk assessment and consultation process; (iv) Reimbursement costs for homes are fully in place and are stored exclusively; (v) There are compensation programmes consistent with the provisions of this approach. As a result of the introduction of homes under article 8, subparagraph (iv), of this approach, it should be accompanied by pre-conditional conditions, and construction projects have been incorporated into the annual plan for the economic and social development of the national population of the Territories. As a result of the introduction of houses under article 8, subparagraph (v), of this approach, the conditions set out in paragraph 1 (i), (iii), (iv), (v) of this article should be accompanied by the construction of projects that have been incorporated into the annual plan for the economic and social development of the national population of the Territory and the planning of the urban upgrading module that has been approved for entry into force. In addition to the implementation by the Government of the land reserve requirement for housing, it should be in line with the provisions of article 8, paragraph 1, subparagraphs (i), (iii), (iv), and (v) of this approach, in line with the requirements of the annual plan for land rehabilitation and the implementation of the land clearance project by the municipality's house. Article 20 states that the housing levy shall be taken from within three working days of the date provided for in article 19 of this scheme to the territorial Government or to the decisions taken on the house after approval by the new district administration. The territorial Government decided that the house should be carried out without holidays within five working days of the date of the decision. The land-use decision, which came into effect by the date of the announcement, is not to be determined by the land-use sector to recover the land-use rights associated with the house; to compensate the house collected, including the recovery of the State-owned land-use rights associated with the house. Article 21 states that the decision-making announcement shall contain matters such as the name of the project, the scope of the collection, the payment of compensation programmes, the imposition of enforcement units, the imposition of time limits and the limitation of conduct, the location and contact, the supervision of reporting methods and administrative review, the right to administrative proceedings. The limitation of conduct referred to in the previous paragraph means that, within the time period of implementation, any unit or individual may not carry out the transfer of homes and acts set out in article 12, paragraph 1, of the scheme within the scope of the house. In violation of the provisions, the person was not compensated for an undue increase. Following a decision-making announcement on the house, the territorial Government and its house-covered offices should be informed, interpreted and compensated for the house. The housing levying sector should inform, on the day of the house, of the procedures related to the planning of the land, construction, householdization, property registration, house rental management, mortgage security, market regulation, etc., and the suspension of the receipt, approval, registration, etc. A written notice of the suspension of the proceedings shall contain a period of suspension. The duration of the suspension shall not exceed one year. Chapter III Article 23. Reimbursement granted by the territorial Government to the licensee and the legitimate user in accordance with the provisions include: (i) Reimbursement for the value of the house (which includes the value of the legitimate State's land use right that has been obtained); (ii) Reimbursement for the relocation and temporary settlement resulting from the collection of homes; (iii) Reimbursement for the loss of the lifetime industry resulting from the collection of homes. The criteria such as relocation fees, temporary settlement fees and compensation for loss of the lifetime industry are determined in accordance with the provisions of the Shenzhen municipality, annex to the scheme. Article 24 provides for a combination of monetary compensation, property transfer and monetary compensation and property transfer. In addition to this approach and the provision made by the municipality, monetary compensation is imposed for the collection of non-resident homes and constructions other than homes, and other approximates. The house house, which is housed by the licensee, can be compensated by the person's choice of monetary compensation, property transfer, monetary compensation and property transfer. As a result of the need for Article 8, subparagraph (v), of this approach, the licensee chooses to relocate home titles in urban-renewable areas, which should provide housing in urban upgrading projects or modules that cannot be provided in urban upgrading projects or units, and the housing levy sector can be made available near. Article 25. Reimbursements for home buildings in a manner that is based on property transfers should be made by the territorial governments that make decisions on house collections should provide for the relocation of the corresponding home and, in accordance with the following provisions, the difference in the market assessment price. The property rights of the buildings that were relocated in non-commercial properties were still subject to corresponding limitations. In accordance with the relevant provisions, the licensee could be converted into a commodity-specific nature after the provision was made. In accordance with a number of provisions dealing with the historical legacy of private housing in the Shenzhen Economic Zone, a number of provisions of the Zhentz Economic Zone dealing with the historical legacy of the production of commercially wrongful buildings (hereinafter referred to as “two regulations”) and their accompanying policies to deal with houses that obtain non-commercial property rights certificates, which are converted to basic units by the property rights certificate of property rights in the home, and compensated according to the following provisions: (i) In line with the criteria for the construction of land for non-commercial residences of former villagers (one-one-one-one policy) and not to relocate property to the portion of the area of construction area of 480 square meters, which exceeds monetary compensation in part in accordance with the relevant provisions of the annex to this scheme; (ii) A man-made non-descendant villager who is not required to redeploy a portion of the area of 100 square meters of construction beyond monetary compensation in part in accordance with the relevant provisions of the annex to the scheme. Article 26 compensation for the value of the house collected shall not be lower than the market price for similar housing properties that are charged on the date of the decision-making announcement. Reimbursement prices for the house were determined by the appropriate quality of the real estate price assessment body, except as otherwise provided in this approach. The house's licensee opted for monetary compensation, but the cost of compensation paid by the house was less than the average market assessment price for all property provided by the house in the context of the relocation of the home in the context of the property transfer, which should be paid to the licensee as part of the payment of the price. The amount of monetary compensation other than the building of the home and other accompanying items is determined by the consultation of the parties; the consultations are not conceived, and the real estate price assessment body can be entrusted with repayment assessment. Article 27 states that the area of buildings that have been collected (including the size of the building area) is determined with the purpose of the house, subject to a certificate of property rights, the area and purpose documented in the property registry, but the certificates of property rights are incompatible with the books of the property registry, which are recorded in the real estate registry. The property rights certificate, the property registration book, which is not documented or documented, may determine the size of the housing building, including the area of the building, in accordance with legitimate and effective planning documents. In accordance with the preceding paragraph, the area of buildings that are still unable to be found to be collected, including the area of the building, should be mapped in accordance with the provisions of chapter V of this approach. The second eighteen-householding sector should enter into a payment agreement with the income received for collection within the time frame established by the Compensation Programme. The provisions of the compensation agreement should include: compensation, compensation and payment period, place and area used for the transfer of property, time of delivery, relocation, temporary settlement or swinghouses, loss of property, cancellation of property rights, relocation period, transition modalities and transition periods, related incentives or subsidies. The model text of the payment agreement was prepared and published by the municipality's house. After the agreement on reparations was concluded, the party was not in compliance with the obligations agreed upon by the Compensation Agreement and the other party could sue by law. Article 29 provides for the relocation of homes requiring the rehabilitation of villages and for the collective settlement of houses, which can be relocated in accordance with urban planning requirements and in accordance with prescribed procedures. The original public infrastructure or public utilities should be rebuilt in accordance with the provisions of the relevant legislation and the requirements for urban planning; they cannot or do not need to be rebuilt on the ground, depending on the nature and scale, or in accordance with the repayment assessment. Article 33 imposes on the house of the individual, which is subject to monetary compensation by the person, and the house is not recorded as self-ownership in the terms of housing security claims, and the licensee is in compliance with the housing security conditions set out in the Shenzhen Municipal Housing Regulations and may apply to housing security in accordance with the law. Article 31 provides for the payment of property rights for non-occupied houses or for industrial-use houses, but has been licensed by law, and is reimbursed for the original legitimate purposes. Article 32 is reimbursed for self-conformation fees in house rooms, which are determined in consultation with the collector; the consultations are not exhaustive and compensated for new prices as determined by the assessment. Indoor dressing is taxed by the lessee, the lessee does not agree with the lessee or cannot reach an agreement, and the house levy shall pay the renter for the payment of the compensation for the repairs; and the lessee has an agreement or agreement with the lessee and shall be treated in accordance with the agreement or agreement reached. Article 33, without property registration in the area of house collection, is governed by article 2 of the Standing Committee of the People's Representatives of the Shenzhensan General Assembly (hereinafter referred to as “the Decision”), which has been declared but has not yet been processed, and compensated according to the following provisions: (i) In accordance with the terms of “two regulations” but not yet processed, the status of the property that they may receive is determined in accordance with “the two regulations” and their accompanying policies, with the deduction of the territorial value of the proceedings and the payment of compensation after the fine. Reimbursement may be made in accordance with article 25, paragraph 3, of this approach, in the case of housing houses with non-commercial property rights; (ii) The history of rural urbanization, in line with the criteria for the construction of land for non-commercial housing of the former villagers (one-one-one-one policy), remains in violation of the construction of rural urbanization, not exceeding the construction area of 480 square meters, which are reimbursed after the announcement of 10 per cent of the commodity-specific housing stock, and the replacement of the building in excess of 480 square meters; (iii) The former rural collective economic organization has been compensated for the fines and local prices of the processing procedures in accordance with the characteristics of the commodities-based housing. In accordance with the criteria set out in the Zhentz Economic Zone for dealing with the application of several provisions of the historical legacy of the operation of the operation of the complex, the imposition of fines is carried out in accordance with the criteria of 10 per cent of the notice base; (iv) Other rural urbanization, in addition to the above-mentioned provisions, remains in conflict with the law, and the planning of the Homeland Sector reviews are not subject to removal or forfeiture by law, and the non-exchange of property for buildings, with the deduction of compensation for repayments in the light of the two corresponding circumstances (commercial office reference to production). No compensation is paid for the historical legacy of urbanization in rural areas, which has not been declared or have been reviewed by the planning of the land sector. As part of the historical legacy of the registration of property, the registration of property is no longer completed, and is compensated for in accordance with the territorial price of the legal construction for the removal of the property registration process and the related tax charges. In accordance with Article 34, the following former rural collective economic organizations have been charged with the units, which are dealt with separately: (i) Removal of industrial-purpose homes in non-agricultural land-building indicators, in accordance with the industrial orientations of this city, and with the approval of the municipal government, in accordance with the provisions of the Industrial Instructions, the housing and construction of buildings and other consignments are granted monetary compensation in accordance with the replacement price assessment; (ii) Reimbursement to commercial-purpose houses in non-agricultural land-building indicators, repatriation of land and relocated property in the form of a single settlement, in accordance with article 26 of this scheme, or in conjunction with the home, approved Unified construction programmes; (iii) The scope of indicators for non-agricultural construction, the return of homes within the land area, which is not in accordance with subparagraphs (i), (ii) of this paragraph, may be replaced by land in accordance with the principle of such values, and the subsequent land use may be different from those used before the replacement. The collection of State-owned industrial buildings, with the assessment by the municipal industrial authorities of the development projects that are encouraged, may grant arrangements in accordance with the provisions of the “industrial parks”, housing and construction, and other attachories, to monetary compensation in accordance with the heavy price assessment. In accordance with the provisions of this article, the person who is charged with choosing monetary compensation shall be paid monetary compensation. Article 33 XV imposes temporary buildings that do not exceed the period of ratification, and only monetary compensation. The temporary use of land contracts has been agreed to be treated as agreed. Without agreement, the amount of compensation has been determined after the assessment, in accordance with the actual circumstances of the use of land contracts or the length of the remaining use and the cost of land development for land-use expenditure. Article XVI imposes on the home of the citizen, which is compensated by the relevant provisions of this approach, and the State, the Province of the Wider Oriental Province, also provide for its provisions. In the event of a decision by the House, the house's house collection should be accompanied by written notification of the collector or its agent. Upon notice received by the licensee or its agent, the procedures for house-covering should be taken in the prescribed period. In the event that special circumstances cannot be carried out in accordance with the prescribed period, the licensee or his agent shall submit a request for extension to the house-covered sector before the expiration of the deadline. The territorial Government, which has made a decision to impose a house, is required to make a settlement in accordance with the provisions of article 46 of this scheme and to make a notice within the scope of the house. The Chinese houses referred to in this scheme include: (i) The private houses of the Chinese diaspora; (ii) Private houses constructed after the establishment of the People's Republic of China; (iii) Disadvantaged private houses by law. Article 37 Reimbursement for special houses such as foreign consulate houses, military facilities, churches, temples, monuments, monuments, historic cultural protected areas are carried out in accordance with the relevant provisions of the State, the Province of Broad Orientale. Article 338 imposes mortgage homes, including construction works, and implements the provisions of the State's laws, regulations and regulations relating to security. Removable income shall be subject to the relevant agreement with the mortgagee to re-establish the mortgage or repayment of the debt and to registration of the right to write-off. A written agreement was reached between the expropriation and the collateral, which should be compensated by the agreement. Inadequate agreements, the housing levying sector pays monetary compensation to the licensee and shall refer the compensation payments to the public evidence body for the storage and notification of the collector; and the transfer of property rights to the licensee may change the mortgage. Article 39 provides that the city's house-covering sector may develop a reserve annual plan based on the needs of the house. Reimbursement for housing can be arranged on the basis of the will to receive incomes. Specific approaches to housing construction, supply and management are developed by the municipality. In the case of a housing payment agreement, the licensee shall submit a certificate of entitlement for the collection and write-off of property rights to the house, in accordance with the agreement's agreement; without a certificate of property rights, the corresponding property certificate shall be submitted and the declaration of the waiver of the right to property. The home-covering sector should conduct write-offs with the real estate registry agencies in a timely manner. The property seized should be charged, and the house levy shall notify the seizure authority. After the release of the seals, the house collection sector should conduct the registration of property such as the write-off of the property registry in a timely manner. Article 40 provides for the suspension of the work of the house due to the collection of a productive house, which should be duly compensated. Specific compensation amounts are determined in accordance with the provisions of the annex to this scheme. Article 42 states that the housing levy shall be paid to the person charged for relocation within the time period determined by the agreement or the compensation agreement. The housing property transfer was chosen, and the housing levied sector should provide swing houses or pay temporary accommodation payments to the distributor in their own transition. Removal fees and temporary settlement charges are determined by the consultation of the parties; consultations are not exhaustive and are determined in accordance with the provisions of the annex to this approach. Article 43 thirteenth, when a compensation agreement has been signed within the time frame set out in the decision, the housing levy and delivery of homes should distinguish different incentives from circumstances. Specific incentives are determined by the decisions taken by the house to reward a total amount not exceeding 5 per cent of the amount determined by the housing payment agreement. Article 44 quaranted income is a particularly difficult person living, with a small size of 45 square meters per household building area of 45 square meters (in the city where there are other residential properties in the city), the choice of a property transfer method, which is not less than 45 square meters and more than three buildings in the household population, and the provision of a set of houses as property transfers is provided by the breadwinner, which provides for a portion of the area not to be settled in part of the cost of the building; and The licensee is a particularly difficult person living and, in addition to the compensation provided by law, may grant appropriate subsidies, the amount of the allowance shall not exceed 5 per cent of the amount determined by the settlement agreement. The special hardships described in this article refer to the residents of the city who enjoy the minimum standard of living in accordance with the relevant provisions; to the extent that the house is charged for each of the construction area of the house, to be determined in accordance with the certificate of origin and the certificate of property rights, or other legal certificates. Article 41 does not authorize the extension of the agreed transition period, and the swinghouses should be freed by the agreed time frame. Due to the extension of the transition period due to the responsibility of the housing levying sector, the temporary settlement fee should be increased from the date of late; the use of the swing house provided by the house to use the swing house within the extended transition period. The licensee does not free the swing house at the agreed time period, and should pay the late rent at the same regional, same type of housing rent. Article 46 states that the house collects no compensation agreement within the time of the signed by the licensee's payment programme, or that the owners of the house are unambiguous, and that the territorial Government that requests the decision to be taken on the basis of the house is required to make a settlement and to make a notice within the scope of the house collection. Reimbursement decisions should include compensation, the amount of compensation paid by the house, the location of the property transfer, the size and real estate assessment price, the relocation rate, the temporary settlement fee or the swinghouse, the duration of relocation, the transition period, the transitional period and the period of payment of compensation. Article 47 provides for the assessment of the house, the mapping of the premises due to the unanimity of the analysts of the assessment body, the failure to perform the normal conduct, and the fact that the house is subject to the legal preservation of the evidence, the mapping agency, in the light of the assessment body established pursuant to this approach, the assessment, mapping of the size of the basement, the mapping of the house, and the assessment, mapping parameters used as a basis for the assessment, mapping of the work carried out as a base for the house, ultimately determines the amounts paid for the house and determines the amount of the amount that the house is paid. Article 48 imposes on homes that should be compensated and moved. Upon payment of compensation to the licensee by the territorial Government of the decision to impose a house, the licensor shall complete the relocation within the time period determined by the payment agreement or the compensation decision. Any unit or person may not be subjected to violence, threats or violations of the provisions for the interruption of water supply, heating, heating, electricity and road traffic, and forced evictions of the person. Article 49, when the licensee does not apply for administrative review within the statutory period or does not initiate administrative proceedings, is not relocated within the time period specified in the compensation decision and the authorities of the Territory shall apply to the People's Court for enforcement within three months from the expiration of the statutory period of prosecution. The People's Court ruled that it was granted implementation and was to be carried out by the territorial Government organization that had made a compensation decision, and the house-covered sector should make decisions granted by the People's Court and the notice of its self-movable relocations available on the house and be posted on the house. The Government of the Territory should organize the forced relocation and removal of sectors and units such as urban management, public safety, business, tax, utilities, transport, communications, firefighting, material management. The items that were not relocated in the room could not be transferred to the parties, which were duly preserved by the occupier's house and declared the parties. Three months later, it was not possible to refer to the parties or to the legitimate owner to be treated in accordance with the legal process of identifying the owner's property. The owner's property is subject to the relevant provisions of the auction or other treatment, and the proceeds are still surplus after deductions of the costs of custody, auctions and sale, and the payment of the municipal finance. The People's Court decided to grant implementation and organize implementation, and the authorities should assist them. Chapter IV Article 50 provides for the assessment of house collection (including State land use rights), construction, other attachives and relocation charges, temporary settlement fees, royalties resulting from the leasing of a occupants, self-appropriation fees charged in house rooms and an assessment of the property transfer facility. Article 50 states that the real estate price assessment body engaged in the assessment of the house should have a certificate of the value of the property (land, asset) valued by the valuation agency's competent authority, obtain a voucher from the city's planning sector for the assessment of the operation in the city and incorporate the application of the land sector into the pre-selection treasury of the housing assessment institution. Article 52 states that the planning of the land sector shall be openly selected in accordance with the qualifications of the real estate price assessment body, the assessment of performance, the credit archives, the assessment of the technical level and the staffing structure, the establishment of the pre-stigation of the housing leakage and the presentation of the directory of the society. The pre-suppositary pool of the housing-covered assessment body was updated every two years. The specific approach to the establishment and management of the pre-selection base for the home-based assessment body was developed separately by the municipal planning of the land sector in accordance with the prescribed procedures. As a result of the decision-making announcement of the house, the housing levy sector should organize the selection of housing-based assessment institutions in the publication of the pre-selection directory. Within five days from the date of the decision on house collection, the house collects should publish the directory of the assessment body within the scope of the house. Within 10 days of the publication of the directory of the assessment body, the licensee shall submit in writing the assessment body's choice of expression of interest. The consultation of home-based assessment institutions is subject to more than half of the receipt of income consent; the housing levy sector should be entrusted with the assessment of the home-based assessment body selected for the consultation. Article 54 provides that the housing-covering assessment body cannot be selected through consultation within the time frame set out in article 53, paragraph 3, and that the house collection sector should take an ecological approach to the publication of the directory. The house-covered sector should be ecrated at the time and place within the scope of the house by 5th. The cradle process and the results should have an on-site certificate of the body. After Article 55, the house collects the assessment body, which shall enter into a commissioning assessment contract with him and will be awarded to the authorized real estate price assessment body, a business licence, a registration certificate of the registry of the registrar, a copy such as the owner's registration card, and a photocopy of the occupier. The cost of the assessment is borne by the house-covered sector. The cost of the assessment of housing is carried out in accordance with the Government's price authorities' fees rates; unmandated, the municipal valuation industry organizations may develop the relevant fee guidance. Article 56 of the housing levy sector should make the assessment of the results of the initial assessment of sub-households developed by the evaluation body available to the licensor, which shall not be less than 7 days, and arrange for the registration of the valuator to explain on the ground. Within 15 days after the closure of the public statements, the housing levy sector should transmit the report submitted by the house collector, the revised sub-family assessment report, which was signed by the licensee; the uncollected by the collector, and the housing leakage should contain the reasons for the non-consignation, posting the assessment findings into the house and the collection of homes. Article 57 does not meet the inappropriate demands of the parties, and takes false publicity, commitment to the assessment of prices, recuperation, denunciation of others' increase in their own, false declaration agents, etc., to take advantage of the assessment operations of the house. Article 58 Industrial valuation industry organizations should establish the Committee of Experts on the Shenzhen City Realization Assessment (hereinafter referred to as the Committee of Experts on the Assessment), which is responsible for receiving the technical identification of the assessment of the collection of housing. The Committee of Experts on the assessment of property (land, asset) is composed of valuation teachers and experts in the areas of price, property, land, urban planning, law, which may not be less than 2/3 of the total membership. Members of the real estate price assessment technology are required to have the qualifications of the registrar of the property (land, asset) and perform the business for more than 10 years; or acquire a Master's degree to undertake the real estate assessment for more than five years. The assessment of the management approach and the rules of operation of the Committee of Experts are followed by the drafting of the municipal assessment industry organization for the planning of the land sector. Article 599 raised questions about the assessment report by the collector or the house, which should explain. The results of the assessment shall be contested by the collector or the house and shall apply in writing to the home-based assessment body for review, within 10 days of receipt of the assessment report. The ex-construction assessment body should review the assessment results within 10 days of receipt of the written review assessment request. After the review, changes in the results of the assessment should be replicated; the assessment was not changed and the review assessment applicant should be informed in writing. No charge shall be paid for the review by the house-covered assessment body. The review of the home-based assessment body by the licensee or the house-covered department remains contested and may apply to the assessment committee of experts within 10 days of receipt of the review. The Committee of Experts shall review the application within 10 days of the date of receipt of the request and agree that more than three individual members should be assigned to the identification team and that the applicant should be identified in writing. The valuationr of property (land, asset) in the composition of the identification group should be more than half. The identification costs are borne by the applicant. However, the identification concluded that there were technical problems in the assessment report and that the costs were borne by the original real estate price assessment body. The identification costs are carried out in accordance with the fees set by the Government's price authorities and are not regulated by the municipal valuation industry organizations. Article 61. The Committee of Experts shall provide written advice on assessment technology issues such as assessment procedures, assessment based, technical routes, methodological selection, assessment assumptions, assessment findings determination. The view was expressed that there was no technical issue in the assessment report and that the Committee of Experts should draw on technical findings to maintain the assessment report; the assessment was of technical problems in the assessment report and that the Committee of Experts should entrust the home-based assessment body with correcting and releasing the assessment reports. The re-exploited assessment reports have been erroneous, and the Committee of Experts should give technical findings. The technical validation conclusions of the Committee of Experts shall not be reviewed, re-identified, leaching the parties' inability to reach an agreement, and the housing levied sector shall make a compensatory decision in accordance with article 46 of this approach to the territorial Government that requests the decision to be taken on the house. Chapter V Article 62 mapping agencies engaged in house-covering and mapping should have the qualifications of the stock mapping and apply to the urban planning sector for the inclusion of the home mapping facility. Article 63/3 The planning of the land sector should be openly selected in accordance with the qualifications, performance, social credibility, the level of the equipment of the instrument, the staffing structure and internal management, the establishment of a housing mapping institution and the publication of the pre-selection directory for society. The pre-suppositary pool for the house was updated every two years. Specific approaches to the establishment and management of pre-suppositories of housing-covering institutions are developed separately by the municipal planning of the land sector in accordance with the prescribed procedures. Article 63 quater, in accordance with article 27 of this approach, may determine the area of the charging of the house (withholding area) and shall not apply for mapping. Following a decision-making announcement on the house, under article 27 of this scheme, it was not possible to determine the area of housed buildings that had been collected (withholding area) and the licensee should apply to the house for surveying, mapping and mapping within the period determined by the decision. After the deadline for the processing of applications determined by the Households, the number of applications should be statistically requested, the verification of the need for mapping, the directory of the memorials and the selection of the distributor for the selection of mapping agencies. In 10 days after the directory of the mapping body, the licensee shall submit in writing a letter of intent to the mapping body. The consultation of home-based mapping agencies requires more than half of all applicants who meet the mapping requirements; the house collection sector should be entrusted with the mapping of the house collected in consultation. Article XV Household mapping institutions cannot be selected through consultation within the time period specified in article 64, paragraph 4, and the house collection sector should take an ecological approach to the publication of the directory. The house-covered sector should be ecrated at the time and place within the scope of the house by 5th. The cradle process and the results should have an on-site certificate of the body. Following the establishment of Article 46 mapping agencies, the housing levy sector shall enter into a written home mapping contract with the licensed housing distributor, as well as a photocopy certificate, a business licence, a registration certificate of the licensee's house, and a photocopy of the owner's office register. Mapping costs are borne by the house-covered sector. Article 67 states that the city mapping industry should organize a Committee of Experts on the Marking of Households (hereinafter referred to as the Committee of Experts on Mapping) to validate, normative, accurate and validate the results of the disputed house mapping. The Committee of Experts on Mapping is composed of scholars, experts and professionals working in the city on housing mapping, scientific research and substantive work. The management approach and the rules of operation of the Committee of Experts are followed by the drafting of the municipal mapping industry's report on the planning of the land sector. Article 68 imposes a party's dispute with regard to the results of the housing mapping and may apply for review in writing to a house-based mapping institution that has produced results from the receipt of the results. The ex-ploratory structures should review the results of the housing mapping within 10 days of receipt of written review requests. As a result of the review, the results of changes in the housing mapping system should be replicated, and the results of the housing mapping have not been changed and the nuclear applicants should be informed in writing. Removals by house-covering agencies are not charged. Article 69 objected to the results of the review of the house-covering body, which should apply for the identification of the Committee of Experts within 10 days of the date of receipt of the review. The Committee of Experts should review the application within 10 days of the date of receipt of the application and agree that more than three individual members should be assigned to the identification team and that the applicant should be identified in a written response. The identification costs are borne by the applicant. However, the identification concluded that the results of the mapping were not lawful, non-binding or inaccurate, and that the costs were borne by the original house-based mapping agencies. The identification costs are carried out in accordance with the fees set by the Government's price authorities; there is no provision that the municipal mapping industry can guide the development of the relevant fees. Article 76 is valid, regulated and accurate, and the Committee of Experts on Mapping should have identified findings to maintain results. The Committee of Experts on Mapping should be mandated to replicate the results of the housing mapping and to identify the results of the releasing of the home. The findings from the Committee of Experts on Mapping shall not be reviewed, re-identified, and the parties are not bound by the rules of law by the authorities of the Territory that have reported decisions on house collection in accordance with article 46 of this scheme. Chapter VI Legal responsibility Article 76 provides for administrative review or administrative proceedings by a person who has been charged with a decision to impose a compensation decision on the house. Article 72 governs administrative responsibility by law, by means of alleged crimes, by transferring the judiciary to the law, by virtue of the law; by causing losses, by virtue of the law of liability. Corruption, misappropriation, separation, default of compensation charges, corrections, recovery of the related payments and accountability under the law; alleged crimes to be transferred to the judiciary; and liability under the law. Article 73 imposes the displacement of persons by unlawful means, such as violence, threat or violation of provisions for the interruption of water supply, heating, heating, electricity and road traffic, resulting in loss and liability under the law; accountability for the direct responsible person and other direct responsibilities, in accordance with the law; acts that constitute a breach of the management of the security sector, punishable by law; alleged crimes are transferred to the judiciary. Article 76 quantification of methods such as violence, threats, which impede the collection and compensation of houses under the law, resulting in loss and liability under the law, constitutes a violation of the management of the security sector, punishable by law, and the transfer of suspected crimes to the judiciary by law. In violation of article 11 and article 21 of this approach, undue increases in the cost of compensation for homes are accompanied by other offences, administrative sanctions are imposed under the law, suspected of committing crimes and transferred to the judiciary. Article 765, in the context of the assessment and mapping of homes, the real estate price assessment agencies and their practitioners, the property mapping agencies and their practitioners are in violation of the law, and the municipal planning of the land sector or other administrative authorities are charged to their credit files. Chapter VII Article 76 of the Regulations has been granted a permit for house demolitions prior to their implementation by law and is still in force for projects that continue to follow the original provisions. Until the application of the Regulations has been made to obtain a housing demolition permit, it has now been ineffective, and the original dispersion may consult with dispersed persons who have not signed the settlement indemnity agreement to enter into civil compensation or purchase agreements that cannot be agreed upon; the removal shall not be continued; the removal shall be carried out in accordance with the Regulations, the provisions of this approach. Article 77 of the annex to the scheme to the Shenzhen Municipal Housing Conducting Compensation Rules, which are also published in conjunction with the scheme, provides that the municipal planning of the land sector can be adapted to the realities of the market in the light of the laws, regulations, changes in policies and the provisions of this approach. Removal of State land-use rights by law may be carried out in the light of the reimbursement criteria for this approach. Article 78 (i) Paragraphs 1 (ii) to (vi) and 10 of Article 9 of the Decision; (ii) Repress the road dividends; (iii) Impact on urban landscapes on key streets; (iv) Impact on urban focus construction or the overall burial; (v) Distortion or impact of the protection and landscape area; (vi) The urban infrastructure of planning. Article 79 of this approach is implemented effective 1 May 2013. The approach to house demolition management of the Shenzhensan Public Infrastructure Project, issued by the Government of the people on 17 February 2007, was also repealed.
Annex: Reimbursement rules for the Shenzhen House Part I: Medalities for compensation for types of non-commercial property
Note: The home ownership certificate, the collective land use rights certificate, the national land use certificate shall be determined by the relevant departments and agencies, such as the registration of property and the planning of land. The historical legacy of the unlawful property, the historical legacy of the production of the operation of the property, which was established by 5 March 1999, is governed by a number of provisions of the Zhentz Economic Zone dealing with historical legacy of private housing, the provisions of several provisions of the Zhentz Economic Zone dealing with the historical legacy of the operation of a production-related construction complex, and the application of the compensation criteria in this part. Part II: relocation costs The cost of relocation is based on the basis of the construction area calculated by the licensee of the house, taking into account the following criteria:
ii. The licensee does not agree with the criteria for relocation costs and may entrust the competent assessment body to assess the relocation costs of the resettled living supplies, office supplies, machine equipment and inventory products. Failure to relocate or dismantle it could not be reinstated and compensated for new prices identified in the assessment. iii. Municipal public facilities, pipelines for non-governmental investment are not reimbursed separately for the post-harvestment and property rights remain in the original investment units. The charging of homes or the production of functioning houses, with the aim of relocating property rights or the recognition of the need for two relocations, should be given two relocation costs and lump sums. Part III: Provisional settlement and transition period Interim settlement fee (i) The introduction of a property transfer housing house, which is charged with the temporary transition of the owner to accommodate the house, shall be charged with paying temporary settlement fees on the basis of monthly rents for the same type of housing market and for payment of temporary accommodation expenses, from the roll-out to the transfer of property to the home, and the addition of a three-month temporary settlement fee. The non-communication of property rights was introduced to cover temporary accommodation costs, and the date on which the relocation of the property was delivered and a further six-month renovation of the probationary period. The non-communication of land has been introduced to cover temporary settlement fees, from the date of the relocation to the date on which the requisitioner entered into the contract with the Government and the temporary settlement fee for 12 months. Due to the responsibility of the person, the extension of the transition period shall be subject to an increase in temporary accommodation costs since the end of the month, an increase of 50 per cent by the original temporary settlement rate at the time of 1 to 3 months, an increase of 70 per cent by the original temporary settlement rate at the time of four to eight months, an increase of 100 per cent by the original temporary settlement rate at the time of more than 9 months. (ii) Execution of monetary compensation and provision of temporary settlement fees for the rental of the three-month market. (iii) The swing house provided by the licensee does not pay for temporary accommodation. Transition period The transfer of property rights to homes has not been completed, and the income of the expropriation and expropriation should be clearly defined in the housing payment agreement. During the transition period, the requisitioner and the associated individuals could arrange for a temporary transition, with difficulties in their own arrangements, and the distributor should provide swing houses. The swing house should have basic living conditions. The transition period was calculated on the basis of 36 months from the date of the relocation of the compensation agreement signed by the house. Part IV: Removal, suspension indemnity and appropriate compensation for business purposes Reimbursement expenses incurred for suspension and suspension (i) Housing rental contracts, which are registered for more than three months for the period between the date of the release of the decision, are provided with a one-time rental cost indemnity for the six-month period, based on market rental. The rented house of the lease contract without registration, voucher, does not provide for the cost of rental operations. (ii) The levy and suspension of the property caused by the leaning of a legitimate operating house and, according to the location and the nature of the licensed house, a one-time suspension and termination indemnity is paid in accordance with the following criteria: Reimbursement for profits after six months of taxation could be granted in accordance with the standard of profitability, which could not be provided with a profit criterion, which would be calculated at the average monthly rate of profit in the previous year or at the rental of the same housing market. (iii) The collection of housing and construction items such as gold, terminal, mines, and quantification, other consignments, which are triggered by suspension, suspension of work, and the suspension of payment for the average profit after the operating period of tax or the industrial average post-levant taxes, the remaining period of the licence exceeds 36 months, and the actual monthly calculation of the 36-month period. Appropriate compensation for unauthorized conversion to operational purposes The application of property rights for non-managed or industrial-used houses has not been planned for the territorial sector to approve the replacement of unauthorized land for business purposes, but has been licensed in accordance with the law, except the appropriate compensation criteria for the purposes in question: (i) Reimbursement: rent-free market rental for active-source housing rentals - rental market rental for former-use houses) x x of the commercial business permit that is available for more than three years from the decision-making period. Renovation of part of the construction area x 36 months (or 3 years); (ii) Reimbursement can be provided for business licences that are less than three years for the period between the date of the decision to be issued to: rental of the active-purpose house rental market - rental of the original-use home rental market) x the length of the construction area of the unauthorized construction area (in the less than 1 month). |
