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Jilin City, Jilin Municipal People's Government On The Amendment Of The Decision Of The Implementing Rules Of Urban Housing Units Regulations

Original Language Title: 吉林市人民政府关于修改《吉林市城市房屋拆迁管理条例实施细则》的决定

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Decision of the Government of the People's Republic of Chilin to amend the application of the Rules for the Removal of Urban Housing in the city of Glin

(Adopted at the 36th ordinary meeting of the People's Government of Glin, on 13 July 2010, by Decree No. 205 of 14 July 2010 on the date of publication)

The Government of the city has decided to amend the Rules for the Implementation of the Removal Regulations for Urban Housing in the city of Glin, as follows:

Article 5 adds to paragraph 1 as follows:

II. Article 14 adds a paragraph to read as paragraph 3: “The demolition of houses has been refurbished and the real estate assessment body should have a separate renovation assessment report, which should be compensated by the dispersed in a one-time manner in accordance with the assessment of the assessment report.

Article 17 amends as follows: “The current house used for the transfer of property shall not be less than the amount of compensation for the dispersioned house.

The current value of the rental of property is higher than the amount of compensation for the demolition of houses, which are not able to pay the difference, and the location and status of the redeployed houses are determined separately by the dislocators, and the subcategories of the place in which they are accommodated and removed are carried out as follows:

Removal sites are located at the level of the local level and can be accommodated in the second and third sectors; the location of demolitions is at the secondary level and can be accommodated in the three and four sectors; the location of demolitions can be accommodated at the fourth level; the location of the demolition is located below four levels and the place of relocation is accommodated in the original area.

The dispersing party has agreed otherwise, from its agreement.”

Article 25, paragraph 3, was revised to read: “The payment rate under article 33 of the Regulations is based on a lump-sum grant by a household (in private housing as a property certificate, by a public rental licensee) for a one-time payment of 1000 dollars per household; the introduction of a property transfer rate, the temporary settlement grant (including a winter warming grant) is calculated on the basis of the area of the demolition of houses (under 40 square meters) for a period of 18 months for the transition period of up to 10 months per month; and the monthly allowance for each of 24 months from 1 to 18 months. The allowance is paid by the dispersed (both house tenants).

The temporary relocation grant was granted by the dispersed on a quarterly basis and the relocation of the dispersed was not granted a temporary settlement grant, which was transferred by the municipal housing demolition management in the context of the relocation control fund and was granted to the dispersed.

The dispersed person did not complete the relocation period as agreed by the agreement, with a temporary settlement grant of more than one month for more than two days, but no temporary settlement allowance for more than three months (concluding this figure) would be required; the forced evictions would not be granted.

The standard for the rehabilitation of relocation subsidies in slum-dwellers is implemented or implemented in accordance with paragraph 1 of this article.

The present rule has been completed before its application and is implemented in accordance with the standard of payment under the former Rules. No settlement has been completed after the amendment of this rule, and the non-professional relocation allowance rate is applied in accordance with the standards set forth in the present Rules.”

Article 28 was deleted.

The Rules for the Implementation of the Urban Housing Democtation Regulation in the city of Glin, which are revised and adjusted accordingly in accordance with this decision, are released.

Annex: Execution of regulations for the demolition of urban homes in the city of Glinin (as amended)

(Summit 4th ordinary meeting of the People's Government of Chilin on 12 May 2003 to discuss the adoption of the 1436th ordinary meeting of the People's Government of Glin, 13 July 2010)

Article 1 ensures the smooth conduct of urban construction in order to strengthen the management of urban house demolitions, preserve the legitimate rights and interests of the dispersed parties, and develops this rule in accordance with the Removal Regulation (hereinafter referred to as the Regulations).

Article 2 applies to the Regulations and the present Rules for the demolition of homes in State land in the area of tiny, ship camp area, loné, treasury area and national, provincial and municipal development.

The relocation period referred to in Article 3 of the Regulations refers to the time period for the demolition of persons (including tenants) and the relocation of demolitions to the settlement agreement or the municipal construction committee to complete the relocation process, as set out in the decision.

The relocation period shall not exceed the period of relocation approved by the Urban Housing Democtation Management Office.

Article IV of the Regulations states that the municipal housing demolition management is a reference to the Urban Housing Demobilization Management Office. The primary responsibility is:

(i) To receive a housing demolition permit, to approve the scope of evictions and the duration of evictions and to issue a notice of demolitions. Approves the extension of evictions and the extension of the period of relocation;

(ii) The clearance of the contract and the management of the transfer of the relocation indemnity facility project has not been completed;

(iii) National, provincial and municipal government investment-building projects.

(iv) Approval of applications for demolition decisions;

(v) Legal, regulatory, regulatory and other management responsibilities entrusted to the construction committee.

Until the demolition clearance of slums and slander rehabilitation projects is carried out, the management of house demolitions should organize the holding of homeowners and public-owned housing tenants' homeowners' hearings on the yards and the Utilities Rehabilitation Project.

The extension of demolitions approved by the Urban House demolition Management Office in Article 6, paragraph 3, of the Regulations shall not exceed 180 days.

Article 6, paragraph 1, of the Regulations provides for the eligibility of house demolitions as part of the acquisition of a certificate of eligibility for house demolitions issued by the provincial construction office and an independent legal personality.

No other unit or individual may be removed as a dispersion.

Article 7, paragraph 3, of the Regulations stipulates that the contract of removal shall expressly entrust the parties with matters such as the rights, obligations and legal responsibilities in the settlement. Removals should be sent within 15 days of the date of the contract's removal and the relocation of homes to the Municipal Housing Demobilization Management Office.

The dispersed units entrusted may not transfer demolition operations.

Article 7. Persons engaged in house demolitions must be able to carry out demolitions by conducting training studies on laws, regulations and operational knowledge organized by the Urban Housing Democtation Management Office, and by obtaining the release of staff issued by the Urban Construction Committee.

Article 8. When a home demolition settlement agreement was concluded, the dispersed did not use the provincial construction office's uniformed house demolitions to compensate for the settlement agreement, and the dispersed (including the home tenants) had the right to refuse the signing of agreements and relocation.

Article 9. The Government's investment in the construction of roads, bridges, rivers, flood walls, municipal utilities such as drainage facilities, squares and greenland projects themselves require the demolition of homes, and the relocation of units with housing demolitions, including through tendering, agreements, etc. The demolition unit, as a dispersioner and a dispersed relocationee (including a house tenant), entered into a house demolition settlement agreement and assumed the corresponding legal responsibility.

Article 10. Demobilization of houses with legal titles, the removal of the party's agreement on the settlement of evictions and the removal of temporary buildings that do not exceed the authorized period of time (buoyage), who refuse to relocate within the period of separation, are governed by the municipal construction committee by law.

Removals, house tenants or other residents have not been completed within the time period of relocation provided for in the decision, the Government of the city may entrust the Urban Administration to organize forced evictions, and the Urban Construction Commission may also apply to the People's Court for forced evictions in accordance with the law.

Article 11. Demoval of temporary buildings that are contrary to chapter buildings, which exceed the time period of ratification, and their homeowners refuse to relocate within the period of relocation, which is punishable by law and dismantled by the Urban Administration Administration Authority.

Article 12. The removal of temporary buildings that do not exceed the period of ratification (buoyage) does not apply for the transfer of property rights.

Article 13, paragraph 3, of the Regulations provides for monetary compensation, and the relocation of the house demolitions to the settlement agreement, the home property certificate, etc., is reviewed by the Office for the Removal of Urban Houses, which is certified by the dispersionor or the tenant of the house, the house demolition indemnity agreement, etc.

Article 14.

The real estate market assessment price referred to in the Regulations refers to the value-of-valuing principle, the integrated analysis of factors affecting real estate prices and the assessment of the value-added real estate market prices. At the time of the assessment, the impact of his rights, such as mortgage rights, was not taken into account and the impact of the lease and other rights limitations were not taken into account.

Removal houses have been renovated, and the real estate assessment body should have separate renovation assessment reports, which should provide a one-time payment to the dispersionary currency in accordance with the assessment of the assessment.

No one-time payment was made at the time of relocation without the provision of article 18, paragraph 2, of the Regulations, for the relocation of the dislocated housing currency and the right of the dispersion (including the tenants) to refuse the relocation.

Article 16 may be replaced by the owner's own choice of property transfer and may also require the provision of accommodation by the dispersed. The dispersed had chosen their own property to relocate houses, and the value of the housing stock was paid by the dispersed, in part by the demolitions; more than partially by the dispersioners themselves; and in part by the dispersioner paid to the dispersionees within 10 days after the relocation of the dispersed.

Article 17 is used to redeploy the current premises, which should be less valued than the amount of compensation for demolitions.

The current value of the rental of property is higher than the amount of compensation for the demolition of houses, which are not able to pay the difference by the dispersion, and the location and status of the redeployed houses are determined separately by the dispersionor, and the subcategories of the location and the location of the demolition are implemented according to the following provisions:

Removal sites are located at the level of the local level and can be accommodated in the second and third sectors; the location of demolitions is at the secondary level and can be accommodated in the three and four sectors; the location of demolitions can be accommodated at the fourth level; the location of the demolition is located below four levels and the place of relocation is accommodated in the original area.

The dispersed parties have agreed otherwise, from their agreement.

Article 18, paragraph 2, of the Regulation provides for a flat map for the property transfer period, which refers to the architectural design map approved by the planning administrative authorities.

The tax fees required for the processing of a property transfer certificate in article 19, paragraph 3 of the Regulation are governed by the following provisions:

(i) The amount equal to the amount of compensation for demolitions, which is borne by the dispersion;

(ii) More than the amount of compensation for demolitions, which is borne by the dispersed.

Article 20, paragraph 2, of the Regulations provides for the selection of an assessment body to assess the costs incurred by the dispersed and, in the context of the agreement on house demolitions, the removal of the cost of such an assessment to the dispersed.

The dislocating party has opted for a 3 per cent error in the assessment results of different assessment bodies.

Article 21, the assessment body should conduct a rigorous assessment of the demolition of houses and property transfer buildings, in accordance with the provisions of the National People's Republic of China's Real estate valuation Code, to provide the assessor with an assessment of the valuation report and the obligation to provide the parties with the basis for the valuation of the demolitions, the selection of assessment methods, the process of the assessment of results.

The assessment body, prior to the acquisition of a home demolition permit by the dislocators, assessed the demolition of houses and the transfer of property, which could not be used for house demolition compensation.

Removal parties should provide the assessment body with the necessary information and assist in the conduct of field surveys by the assessment body. The assessment body does not assume the corresponding responsibility owing to the lack of cooperation among the parties.

Article 22 Losss of non-residents in the execution of the Government's standard of rental housing, which is not agreed upon by the two parties, the termination of the lease relationship between the dispersed and the tenant's choice of monetary compensation and payment of monetary compensation under the following criteria:

(i) That is a commune house, which is compensated by 70 per cent of the market assessment price and 30 per cent to be removed;

(ii) Prior to the relocation of former communes, the owner or the lessee had a change (including the application of the Government pricing rental standards after change), which were compensated by 100 per cent of the market assessment price to the dispersed.

The recognition of public housing is the responsibility of the municipal property administration authorities.

Article 26 of the Regulations states that persons with special hardship must meet the following conditions:

(i) The dispersion of the residents of the city, which is rented by the Public Housing Authority, receive a certificate of minimum living guarantees for the residents of the city;

(ii) There are no other formal houses in the city (including collective land);

(iii) The demolition of houses has legal titles and the construction area is less than 40 square meters.

Article 24 Reimbursement for special hardships, as set out below:

(i) Dismoval of private homes and the placement of housing property rights in all of the dispersionees and the non-removal of the difference in the exchange of property rights;

(ii) The demolition of houses, the placement of home property rights in all of the dispersed, the non-removal of the difference in the transfer of property rights, and the re-establishment of housing rental contracts with the tenants.

The place of settlement is governed by article 17 of this rule.

Article 33 of the Regulations provides for a lump sum of 1000 per household, which is based on a lump-sum payment for the relocation of home-based benefits (in private property certificate, rental-used vouchers) per household; the introduction of property transfer, the temporary settlement grant (including a winter heating grant) is calculated on the basis of the area of house demolitions (under 40 square mets) for a period of 18 months, up to 10 per square met per month for each of the 18 months; and the repatriation rate for a period of up to 24 months for each month. The allowance is paid by the dispersed (both house tenants).

The temporary relocation grant was granted by the dispersed on a quarterly basis and the relocation of the dispersed was not granted a temporary settlement grant, which was transferred by the municipal housing demolition management in the context of the relocation control fund and was granted to the dispersed.

The dispersed person did not complete the relocation period as agreed by the agreement, with a temporary settlement grant of more than one month for more than two days, but no temporary settlement allowance for more than three months (concluding this figure) would be required; the forced evictions would not be granted.

The standard for the rehabilitation of relocation subsidies in slum-dwellers is implemented or implemented in accordance with paragraph 1 of this article.

The present rule has been completed before its application and is implemented in accordance with the standard of payment under the former Rules. The rules have not yet been completed after their revision, and the non-professional relocation subsidy rate is applied in accordance with the criteria set forth in the revised Rules.

Article 26 evictions of non-commercial houses, resulting in suspension, suspension of the business, and the relocation of the dispersed to pay a monthly payment of the amount of 8 per 1,000 demolitions and economic compensation for the suspension of the work.

As a result of the extension of the transition period due to the responsibility of the dispersed, the demolitions should pay the amount of 1.2 per cent of the total number of dislocated houses for the period up to the end of the month, and the suspension of the economic compensation.

Article 27 dismantled non-resident homes and was not completed by an agreed relocation period without the payment of home support payments for a period of up to five days for a period of one month's suspension and suspension of economic compensation, but not for a maximum of three months of suspension and suspension.

Removals were imposed and no relocation grant was granted and six months of suspension, suspension of economic compensation.

Article 28

The management of house demolitions in the twenty-ninth districts (markets) may be implemented in accordance with this rule.

Article 33 The Modalities for Removal of Urban Housing in the city of Glin, which came into force on 15 May 2000, and a number of provisions of the Government of the People of the city of Glin, effective 26 March 2002, were repealed.