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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264191.shtml

Jilin city, Jilin Municipal People's Government on the amendment of the decision of the implementing rules of urban housing units regulations

    (July 13, 2010, people's Government of Jilin city, the 14th at the 36th Executive Meeting July 14, 2010, people's Government of Jilin announced order No. 205, come into force on the date of promulgation) municipal decisions on urban housing demolition-minded management in Jilin city of the implementing rules of the regulations read as follows: Increased, fifth paragraph, as the first paragraph: "the shantytown demolition and reconstruction of shabby housing project prior to approval, housing demolition management departments should organize housing and public housing tenant participation in the shantytowns and hearing reconstruction of shabby housing project.

    ”

    14th, added a paragraph as the third paragraph: "the House has been renovated to be demolished, decoration of the real estate appraisal institutions should issue a separate assessment report, the demolisher amount should be assessed according to the evaluation report a one-time grant demolishes a monetary compensation.

    Three, 17th revised as follows: "for the property rights exchange of existing home, and its value should be not less than the amount of compensation is houses to be demolished.

    For property rights exchange of existing homes worth more than the amount of compensation is houses to be demolished, people unable to pay the difference to be demolished, and separately by the party to determine the location and status of exchange houses, its location and the place of split-minded regional category according to the following regulations:

    Location of the demolition site is a grade can be placed in second position; relocation site is a secondary location, can be placed in category IV location; relocation site is a three-level location, can be placed in four-level location; relocation site is a four-level location, rehoused in their original location. Otherwise agreed by the parties involved in the demolition, their agreement shall prevail.

    ” Four, and delete 25th article third paragraph, modified for: "Ordinance 30th article provides of the subventions standard for: moved subventions by households (private by property card, and public houses by rental using card meter households) one-time issued, each households 1000 Yuan; implemented property replacement of, temporary placed transition subventions (containing winter heating subventions) by was demolition housing area calculation (insufficient 40 square meters by 40 square meters calculation), transition term in 18 months within Shi by each square meters monthly 10 Yuan grants Over 18 months, from the 19th to the 24th month, per square metre of 14 Yuan subsidy per month over 24 months, starting from the 25th month to fetch 18 Yuan subsidy a month per square metre.

    Demolishes the NT (public housing tenant) received.

    Transitional payments by removal of people in temporary placement, paid quarterly, demolish the delay in the issuance of temporary resettlement transitional subsidy, by the urban housing units management agencies in monitoring of demolition funds allocate their funds, issued to be demolished.

    Fails to be demolished to complete the relocation by the relocation of the Agreement deadline, every 2 days keep a 1-month temporary resettlement, but shall not withhold more than 3 months (including the number) of temporary resettlement being forced relocation, not to be granted the allowance.

    Slum relocation allowance standard in accordance with the provisions of the first paragraph of this section Executive or reference implementation. Completed before the implementation of these rules placed, in accordance with the rules of payments standards. Revised after the implementation of the rules has not completed placement, pending relocation allowance standard in accordance with the provisions of rule revised standards.

    ”

    Five, delete 28th article.

    Of the implementing rules for the regulations of Jilin city urban housing units management according to this decision and accordingly modified and adjusted, republished.

    Report: implementing rules for the regulations of Jilin city urban housing units management 2010 (revised)

    (May 12, 2003, people's Government of Jilin city, the 4th Executive Board meeting on July 13, 2010 Executive meeting of the people's Government of Jilin city, 14 36 modified)

    First to strengthen the urban housing units management, maintain the legal rights of parties involved in the demolition, guarantee the smooth progress of the construction of the city, according to the Jilin city urban housing units regulations (hereinafter referred to as the regulations), these rules are formulated.

    Article fengman district, where in changyi district chuanying district, and the, Longtan district, as well as national, provincial and municipal development zone on State-owned land to implement housing units are subject to the Ordinance and these rules.

    Relocation deadline referred to in article III of the regulations is to be demolished (the lessee) and demolished in house demolition compensation agreement agreed or stipulated by the municipal construction Committee in its decision to be demolished (the lessee) completed the relocation deadline.

    Relocation may not exceed the urban housing units management approved the relocation of the Office term. The fourth article of the Ordinance fourth urban housing units management bodies referred to in article refers to urban housing demolition Administration Office.

    Its main functions are: (A) the demolition permits, demolished and the demolition period approved, issued demolition notices.

    Extension approved extension of demolition, relocation period;

    (B) the relocation contract record and has not completed the relocation compensation transfer of construction project management;

    (C) national, provincial and municipal governments invest in census of the demolition of the project;

    (D) accepting applications for relocation decisions;

    (E) the laws, rules and regulations grant and other management duties entrusted by the municipal construction Committee.

    Article fifth shantytown demolition and reconstruction of shabby housing project prior to approval, housing demolition management departments should organize housing and public housing tenant participation in the shantytowns and hearing reconstruction of shabby housing project.

    Sixth article of the Ordinance intramuros urban housing units Management Office extend the removal period shall not exceed 180 days.

    The sixth article of the Ordinance seventh article in the eligibility of housing demolition units refer to house demolition qualification certificate issued by the provincial Department of construction and has an independent legal personality of the organization.

    No other units or individuals shall not be demolished for demolition. Under the seventh article of the regulations delegate to a demolition contract should make clear both sides in demolition compensation and resettlement in the rights, obligations and liabilities of such matters.

    Demolisher shall from the date of demolition contract entered into in the 15th, house demolition, urban housing units management, contract record.

    Mandated demolition unit shall not transfer the demolition business.

    Persons engaged in building demolition work of the seventh article, through the urban housing units Management Office Organization the related laws, regulations and business knowledge of training and examination, make staff after the certificate is issued by the municipal construction Commission, before implementation of the demolition work.

    Article eighth house demolition compensation agreement, demolish unused housing units produced by the provincial Department of construction, unified compensation and settlement agreement, to be demolished (the lessee) the right to refuse to sign the agreement and relocation. Nineth government investment in building roads, bridges, rivers, flood protection walls, drainage facilities, squares, green covers municipal utilities such as the project itself need to be demolished, through tenders, agreements or any other means to determine eligibility of housing demolition unit demolished.

    The demolition unit as removal and the demolition man (the lessee) housing relocation compensation agreements signed and bear the corresponding legal responsibility.

    Tenth units with certificates of legal ownership of housing, demolition and relocation compensation and rehousing matters are not the parties reach an agreement does not exceed the limit for temporary buildings and demolition (floating), its occupants during the relocation period refused to move, legally ruled by the municipal construction Commission.

    Being demolished, the lessee or tenant relocation of relocation was not completed within the time limit specified in the ruling, municipal people's Government may entrust the municipal urban administrative enforcement Bureau to implement mandatory minimum, municipal construction Committee may also request the people's Court according to law forced relocation.

    11th demolishing illegal buildings, exceeded the approved duration of a temporary building, its occupants during the relocation period refused to move, by the municipal Bureau of city administration of punishments according to law and be dismantled.

    12th demolition did not exceed the limit for temporary buildings (floating), not a title change.

    In the 13th to the 16th article of the Ordinance of monetary compensation, demolishes house demolition compensation agreement, house ownership certificates and other materials submitted to the Municipal Office of urban housing units management review, dismantled or lessee of a identity card, house demolition compensation agreement proved to a specific bank.

    14th real estate market mean appraisal point object in the absence of any restrictions on the rights of the real estate market is most likely to form the value or price. The Ordinance says the real estate market evaluating price refers to the real estate appraisal institutions follow valuation principles, comprehensive analysis of the factors influencing real estate prices, for valuation of object of the real estate market evaluation to estimate price.

    Assessment, does not consider the effect of his rights such as mortgages, not considering the effect of lease and other rights limitations.

    Be demolished houses have been renovated, decoration of the real estate appraisal institutions should issue a separate assessment report, the demolisher amount should be assessed according to the evaluation report a one-time grant demolishes a monetary compensation.

    15th demolished under the Ordinance 18th article stipulates that relocation is not a one-time payment of monetary compensation for housing to be demolished, to be demolished (the lessee) the right to refuse to move. 16th demolishes choice property rights Exchange, choice of which can be demolished by property rights exchange houses, housing arrangements can also request demolition-person rooms.

    People choose their own property rights exchange houses to be demolished, places House prices and House to be demolished assessment equivalent portion of the amount paid by the party over bear parts from dismantled; shortfall within the party after the removal of the dismantled 10th paid to be demolished.

    17th for the property rights exchange of existing homes, the value should be not less than the amount of compensation is houses to be demolished.

    For property rights exchange of existing homes worth more than the amount of compensation is houses to be demolished, people unable to pay the difference to be demolished, and separately by the party to determine the location and status of exchange houses, its location and relocation location location categories according to the following regulations:

    Location of the demolition site is a grade can be placed in second position; relocation site is a secondary location, can be placed in category IV location; relocation site is a three-level location, can be placed in four-level location; relocation site is a four-level location, rehoused in their original location.

    Otherwise agreed by the parties involved in the demolition, their agreement shall prevail.

    The 18th article of the Ordinance 19th article of property rights Exchange auction in the floor plan is approved by the competent administrative Department of planning of architectural floor plans.

    The 19th article of the Ordinance 19th article needed to go through the property rights exchange of house ownership tax in accordance with the following provisions:

    (A) equivalent to the amount of compensation is houses to be demolished part of the cost borne by the relocation;

    (B) exceed the amount of compensation is houses to be demolished part of the cost, borne by the demolition.

    20th to be demolished in accordance with the Ordinance 21st of article selected assessing body to assess demolishes all the charges paid in advance before entering into house demolition compensation agreement, demolished one of the assessment fee paid to be demolished.

    Demolition parties to choose different assessment bodies the assessment of allowable error for 3%.

    Assessment bodies should be strictly in accordance with the article 21st of the People's Republic of China real estate regulation provides for the House to be demolished and property rights exchange houses assessed assessed valuation reports issued by the client, and has an obligation to explain to the parties involved in the demolition the basis of the valuation process, selection of the method of evaluation findings.

    Assessment housing bodies in the demolished before the demolition permit, and an assessment of housing and property rights exchange houses to be demolished, the valuation report must not be used to house demolition compensation. Demolition parties shall present the Agency provides the information required to assess and assist in assessing institutions to carry out on-site investigations.

    Evaluation results inaccurate due to demolition party fails to cooperate, assessment agencies did not assume the corresponding responsibility.

    22nd removing the implementation of government non-residential rents of public rental housing, rental is not agreed by the parties, be demolished and lessees choose monetary compensation, lease termination, and monetary compensation was paid according to the following criteria:

    (A) belonging to the public-sector housing, according to the market price 70% compensation to the lessee, 30% compensation to be demolished;

    (B) before the original public-sector housing demolition, owner, or lessee has changed (including change standard pricing after the implementation of the Government rent), according to the market price 100% compensation to be demolished.

    Public-sector housing confirmation by the municipal real estate administrative departments in charge.

    23rd the regulations special hardship cases mentioned in the 26th article must comply with the following conditions:

    (A) to be demolished (Department of public housing tenant) issued by the municipal Bureau of subsistence allowances for urban residents of Golden collar and evidence gathering;

    (B) be demolished or lessee (including spouse) in the city (including land) no other formal housing;

    (C) be demolished have legitimate property rights license, an area less than 40 sq m.

    24th living special hardship compensation, in accordance with the following provisions:

    (A) the demolition of private residential housing, housing owned demolishes all non-settlement of property rights exchange difference;

    (B) the demolition of public housing, housing owned demolishes all non-settlement of property rights exchange difference, be demolished and housing tenant to sign a lease agreement.

    Sites shall be handled pursuant to the present rules article 17th. 25th article Ordinance 30th article provides of the subventions standard for: moved subventions by households (private by property card, and public houses by rental using card meter households) one-time issued, each households 1000 Yuan; implemented property replacement of, temporary placed transition subventions (containing winter heating subventions) by was demolition housing area calculation (insufficient 40 square meters by 40 square meters calculation), transition term in 18 months within Shi by each square meters monthly 10 Yuan grants; over 18 months of, From the 19th to the 24th month, per square metre of 14 Yuan subsidy per month over 24 months, starting from the 25th month to fetch 18 Yuan subsidy a month per square metre.

    Demolishes the NT (public housing tenant) received.

    Transitional payments by removal of people in temporary placement, paid quarterly, demolish the delay in the issuance of temporary resettlement transitional subsidy, by the urban housing units management agencies in monitoring of demolition funds allocate their funds, issued to be demolished.

    Fails to be demolished to complete the relocation by the relocation of the Agreement deadline, every 2 days keep a 1-month temporary resettlement, but shall not withhold more than 3 months (including the number) of temporary resettlement being forced relocation, not to be granted the allowance.

    Slum relocation allowance standard in accordance with the provisions of the first paragraph of this section Executive or reference implementation. Completed before the implementation of these rules placed, in accordance with the rules of payments standards.

    Revised after the implementation of the rules has not completed placement, pending relocation allowance standard in accordance with the provisions of rule revised standards.

    26th demolition exercise property rights exchange of non-residential housing, resulting in layoffs, closure, demolition man demolishes paid monthly compensation for housing to be demolished 8 ‰ production, cessation of economic compensation.

    By demolition man's responsibility to extend the transition period, the demolisher shall be paid on a monthly basis since months of overdue demolishes houses to be demolished compensation amounting to 1.2% production, cessation of economic compensation.

    27th units non-residential housing, to be demolished (Department of public housing tenant) term to complete the relocation of relocation of not complying with the agreement, cannot be released to move payments, withheld every 5 days 1 month shutdown, closure of economic compensation, but may keep a production of more than 3 months, cessation of economic compensation.

    Forced relocation, cannot be released to move payments and keep a 6 month production, cessation of economic compensation.

    28th article of the rules implemented by the municipal construction Committee.

    Article 29th of the counties (cities) housing demolition management may refer to the implementation of these rules. 30th article of the rules come into force on July 1, 2003. As of May 15, 2000 the monetary compensation of Jilin urban house demolition methods, March 26, 2002, the Jilin Municipal People's Government regulations on urban housing demolition administration repealed simultaneously.