Benxi City Housing Relocation Management

Original Language Title: 本溪市城市房屋搬迁管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264141.shtml

Benxi City Housing relocation management

    (June 30, 2010, Benxi City consideration at the 14th session of the 59th General meeting on July 3, 2010, 146th, Benxi City people's Government promulgated as of August 15, 2010) first in order to guarantee smooth construction projects, relocation of protected the legitimate rights and interests of the parties, according to the State Council regulations on urban housing units management and the Liaoning province urban housing units regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article on State-owned land within the urban planning area of this municipality implement housing relocation and compensation to evicted persons, places, these measures shall apply.

    Relocation of housing in these measures refers to by the application of the town planning or other public interests need, resumption of State-owned land use right according to law and acts of the demolition of the houses on the block.

    Article moved people in these measures refers to legally obtain a demolition permit.

    Evicted people mentioned in these measures refers to moving house all.

    Fourth, Benxi City land reserve on State-owned land, the city's urban housing relocation under unified leadership.

    Administrative Department of planning and construction of housing relocation, administrative departments (hereinafter referred to as municipal Department of housing relocation management) and the relocation of its State-owned land on the housing management office is responsible for the city's removal of the daily management and overall coordination of investigative work and removal material in the region organized government relocation, and business relocation guidance and supervision.

    Benxi, district governments, economic and technological development zone management Committee of relocation of the establishment of the Housing Authority, with the relocation of municipal housing management Department for material investigations and the preparation of housing relocation compensation schemes, and prophase of land consolidation and rehabilitation.

    Relocation services relocation of institutions responsible for housing in the agreement is signed, housing relocation, relocation compensation work.

    Municipal Finance Department is responsible for the relocation of capital raising, scheduling, management, and supervision, and relocation of regional investigation results of physical verification.

    Municipal Audit Department is responsible for handling reports and complaints about the physical verification results, results of verification audits and audit reports issued.

    Law enforcement departments in accordance with the planning requirements, the implementation of daily supervision and inspection, found illegal building practices in time, the law and notify the relevant authorities; for violations of city planning and the construction of city construction and management regulations shall be given administrative punishments imposed on illegal buildings demolished.

    Monitoring the Department is responsible for the administrative supervision of relocation management and those responsible for the violation of administrative discipline provisions dealt with according to law.

    Municipal Bureau of land resources, housing, justice, public security, industrial and commercial sectors and township (town), neighborhood offices of the Government and electricity industry, communication, cable TV, heating, water supply, gas supply unit shall, according to their respective duties, cooperate with each other, guarantee the housing relocation smoothly.

    Article fifth relocation shall, in accordance with the regulations, compensation to evicted persons, placement; evicted people, relocation of evicted lessee shall coordinate with the person within the period specified in the relocation agreement to complete the relocation.

    Sixth article in accordance with the plans for the proposed relocation of regional exercise planning control of land management, municipal housing relocation management departments shall notify the Department, suspended for the following matters:

    (A) household moving, household, birth, marriage, active duty military, displaced or demobilized, released from prison or released staff and graduate students return to places of origin, such as accounts except for the moving;

    (B) added the business licenses of enterprises, individual businesses;

    (C) construction, reconstruction, house-enlargement;

    (D) change of housing properties, land use;

    (E) land-use procedures.

    Control the Governments within the time limit and the township (town) Government, neighborhood offices should stop and handle any rush to act and hand them over to law enforcement authorities.

    Seventh of municipal housing relocation management body responsible for planning and control regional physical volume.

    Municipal housing and relocation management in conjunction with City real estate administrative departments of the State-owned land housing found on site, Huitong District Government identify the original land housing site.

    Municipal real estate administrative departments responsible for identification of State-owned land and housing ownership certificates are legally valid; District Government responsible for the appraisal whether the collective ownership of land and housing permits are valid.

    Eighth Municipal Finance Department, in conjunction with supervision and auditing departments entrusted with qualification assessment mechanism, to verify the physical findings of planning control, verification ratio shall not be less than 30%.

    Real volume survey results and verification results difference proportion in ± 2% within of, according to verification results value total 2 ‰ on real volume survey units of main head and directly responsibility people be award; real volume survey results and verification results difference proportion in ± 5% above of, by monitored sector held main head and directly responsibility people responsibility, and on verification sector according to difference part 50% of proportion be award.

    Nineth, relocation management agency findings and verification results in the financial sector, publicity over 7th in a planning area, subject to public supervision.

    No unit or individual shall have the right to report the physical verification results, audits by the audit authority, more than ± 2% balance of verification results and audit findings, appropriate incentives to the whistleblower; verification assessments in accordance with the trust agreement, to balance the proportion of 50% liability.

    Tenth District relocation management institutions should be based on physical findings, prepare the relocation compensation and rehousing schemes, reported to municipal land reserve Committee for approval, implemented by moving services moving.

    11th district relocation services relocation of institutions shall submit the following documents to the municipal housing and relocation management, handle the housing demolition permit:

    (A) project approval documents;

    (B) the planning permit for construction purposes;

    (C) the approval document of the State-owned land;

    (D) housing application for relocation, relocation plans and relocation compensation and resettlement programmes;

    (E) scope of relocation plan;

    (Vi) compensation funds certificates of deposit;

    (G) the need to provide additional documents and information.

    Implementation of land reserve be relocated housing, the applicant agreed to reserve the approval documents of the Municipal Government should be provided in the preceding paragraph (iv), (v), (vi) provision of material.

    Relocation of 12th of municipal housing management Department shall from the date of demolition permits issued by the 5th, name, relocation, relocation of the construction project scope, such as relocation, relocation compensation and rehousing schemes, and relocation in Benxi, in the form of announcement in the journal be published within.

    Relocation period refers to the relocation of complete starting and ending dates of the housing relocation, relocation period determined according to the scale of relocation, relocation project.

    City and District Housing relocation management and relocation of people should be moving people, housing advocacy, interpretation of the lessee. 13th relocation shall be determined according to the demolition permit scope and duration of the implementation move.

    But the need to extend the term of, the relocation of people should be expired before 15th, apply in writing to the municipal housing and relocation management; municipal housing and relocation management departments shall, from the date of receipt of the application for extension in the 10th with a response. 14th move the Parties shall relocation within the time limit specified in the relocation announcement, signed relocation compensation agreements.

    Relocation compensation agreements should include the following:

    (A) the relocation of housing ownership, address, size, purpose, structure, duration, compensation, relocation of floors;

    (B) monetary compensation, should specify the compensation standards, the amount of compensation, the subsidy amount, method of payment, terms of payment;

    (C) the introduction of property rights Exchange, shall contain the housing ownership, location, floor space, usage, structure, relocation and transition period, the movement of property rights Exchange amount, term of payment, price difference accounting methods;

    (Iv) breach of contract and settlement of disputes;

    (E) other provisions made by the moving party need.

    Relocated public housing moved into shall, together with the relocation of people, the lessee signed relocation compensation agreements. 15th move after signing the agreement for compensation and resettlement, evicted persons or public rental housing tenants refused to move within the relocation within the prescribed period, the relocation of people may apply for arbitration or a lawsuit.

    During the proceedings, the relocation of people to request the people's Court according to law enforcement.

    16th removal notice within the prescribed time limit, the parties cannot reach agreement for compensation and resettlement, by the party applying for by the municipal housing relocation of Administration ruling by law. Not satisfied with the decision of the parties, may apply for administrative reconsideration or bring an action.

    Relocation of people evicted persons or public housing tenants have to pay monetary compensation or provide housing and do not stop execution of the relocation decision during the proceedings. 17th relocated people may not change without relocation of evicted persons, lessee of the original water supply, electricity, heating, gas and other basic living conditions.

    But for security reasons you must suspend, the relocation of people should be informed of 5th approval of the Municipal Department of housing relocation management, and take the appropriate steps to ensure that no relocation of evicted persons, the lessee of the basic needs of life.

    Article 18th relocation compensation and settlement agreement, evicted persons housing and relocation of people should be, by moving to deal with property cancellation procedures.

    Article 19th of relocation of housing floor space and nature, is subject to house ownership records in the register.

    Article 20th evicted persons or public housing tenant relocation within the time limit specified in the ruling are not moving, relocation of the municipal housing management departments in accordance with the provisions apply to court for enforcement or brought to the Municipal Government instructed the District Government or municipal law enforcement authorities dismantled. Article 21st of municipal public facilities construction projects need to move house, after first relocation to make way, the principle of dealing with disputes. Relocation relocation provisions by the parties.

    Period no relocation compensation agreements, was removed and the competent units should be subject to construction requirements, without affecting the non-moving regional utilities under normal conditions of use, after the preservation of evidence, according to the project requirements, scheduled for removal.
22nd was removed and must remain at public housing tenant relocation relocation housing complete and not damaged housing facilities, shall be liable for damage caused by.

    23rd has been moved house, one of the following circumstances, the relocation of people who make the relocation compensation and rehousing schemes, in Benxi daily publication after 7th, implemented after approval by the municipal housing and relocation management departments to move:

    (A) property rights disputes;

    (B) the property is unknown;

    (C) the owner could not be determined for the time being.

    Article 24th relocation housing with mortgage, relocation of people should notify the mortgagee.

    25th relocation housing has any of the following circumstances, the relocation of people should apply to the notary legalization:

    (A) escrow real estate administrative departments;

    (B) property rights disputes;

    (C) the property is unknown;

    (D) the owner could not be determined for the time being;

    (E) forced evictions;

    (Vi) a mortgage. 26th housing relocation compensation funds should be used for housing relocation compensation and resettlement and shall not be appropriated for other purposes.

    Municipal housing, relocation management, financial departments, and monitoring implementation of the whole audit compensation funding left.

    27th move people to establish and perfect the relocation file and transferred to the municipal housing and relocation management relocation information.

    28th district moving services license is not moved within the prescribed time limit to complete the relocation, the Municipal Finance Department in accordance with 100,000 yuan daily standard, from the land revenue to be allocated to the District Government deductions in advance of completing the removal of, the Municipal Finance Department in accordance with the standards shall be awarded 100,000 yuan daily. Article 29th relocation residential housing can be monetary compensation may also implement a property rights Exchange.

    Compensation for evicted persons have the right to choose specific places. Article 30th monetary compensation standards for residential housing, according to the municipal real estate administrative departments during the last year and with the average price of land level commodity housing in relocation areas determined; disagrees, may entrust a qualified assessment institution in accordance with the residential housing floor space, decoration, structure, new and environmental factors are assessed.

    Monetary compensation is calculated as follows:

    Monetary compensation = monetary compensation standard x was moved homes residential housing floor space of buildings 31st has been relocated below 45 square meters of residential housing, the relocation of monetary compensation shall, in accordance with the standard 40% is move given gap area of subsidies.

    The formula is as follows:

    Balance area subsidy standard x =40% monetary compensation (45 square-relocation of residential building construction)

    Article 32nd property rights Exchange and auction within the region can be moved to change, also be applied in the different existing home swap. Property rights exchange houses according to relocation housing construction area of resettlement, are as follows: a set of 45 square meters, two sets of 60 square meters, three sets of 80 square meters.

    Placed on housing area nearby, tolerance ± 5 square meters.

    Housing and relocation housing area part of the difference, by relocation and monetary compensation was removed in accordance with the standard settlement post.

    Article 33rd housing setting lift, reduction area of the evicted people post according to the following criteria:

    (A) set in an elevator: a set of reduction of 3 meters, class II unit type reduction of 4 square meters, three sets of reduction of 5 square meters;

    (B) units set two elevators: a set of reduction of 6 meters, class II unit type reduction of 7 square metres, three sets of reduction of 8 square meters.

    Article 34th relocation transition period, relocation of persons on the basis of the following criteria to provide temporary housing to those evicted allowances:

    (A) the relocation of housing construction area of 45 square metres, monthly subsidy of 400 Yuan per household;

    (B) was removed less than 60 square meters of building area of more than 45 square meters, subsidy of 600 Yuan per household;

    (C) relocation housing floor space of 60 square meters, monthly subsidy of 800 yuan per household.

    Monetary compensation, granting temporary rental allowance to 3 months, and issued; for 27 months during the transition period in the implementation of property rights Exchange removal signed relocation compensation and settlement agreement, paid quarterly over relocation transition, based on the criteria set forth in the preceding paragraph 20%.

    35th relocated public housing, being relocated public housing tenants to purchase the property, in accordance with article 29th of this approach to compensation.

    Relocated public housing, relocation of house ownership and public housing tenant removes the lease or move house before the owner moved to public housing tenant placement, relocation of people giving compensation to evicted persons.

    Relocated public housing owners and public housing tenant termination of the lease agreement cannot be reached, the relocation of persons evicted home owners implement equivalent housing property rights Exchange, property rights exchange of housing by the public housing tenant lease.

    Relocation of private rental housing, moving only to compensation for evicted home owners.

    Move some of the private property rights of residential housing, should be based on the percentage of public ownership and private property to public ownership and public housing tenant assign monetary compensation.

    Article 36th evicted or cable TV, telecommunications facilities of the public housing tenants need to migrate, the relocation of people in accordance with the relevant regulations, undertake the relocation costs of compensation.

    37th move according to 1000 Yuan per household standard for evicted persons or public housing tenant a one-off relocation allowance (including loss of subsidies).

    Article 38th move eligible non-property right of citizenship in the region houses by relocating people according to 600 Yuan per square meter standard for living people is supported by:

    Before planning construction;

    Residence account in the relocation area;

    Living in this city without lawful housing within the planning area;

    House ownership dispute-free.

    Not in conformity with the preceding paragraph (b), (c), (d), the provisions and an area of 10 square meters of housing non-property right of nationality, by the removal of persons on the basis of 200 yuan per square meter standard for living people, financial support, up to 4000 Yuan.

    Relocation of non-housing property right nationality, no issuance of temporary rental allowance for living people, relocation allowances and loss of subsidies.

    After the implementation of planning, control and management, no property right in the construction of citizenship in the relocation area houses not funded by law enforcement authorities dismantled.

    39th movement of property rights Exchange, in accordance with the relocation and relocation of housing relocation compensation agreements signed an agreed period to pay.

    40th article of non-residential housing should be compensation and resettlement of both of the following conditions:

    (A) in the context of relocation Office, production, operating room;

    (B) there is a corresponding building ownership certificate;

    (C) land use permit;

    (D) Legal Office, production and operating certificate.

    41st relocation compensation for non-domestic currency, monetary compensation should be assessed according to relocation housing real estate market prices. Relocation of non-domestic implementation of property rights Exchange, in accordance with the relocation of non-residential housing monetary compensation and housing real estate market clearing price to be placed.

    Location of property rights exchange houses, can be determined according to the nature of land use planning and urban construction.

    Adjunct of the relocation of non-residential housing without property rights Exchange, moved in accordance with the assessment of price compensation.

    42nd relocation companies need reconstruction, relocation of people based on the evaluation results and enterprise-scale loss calculated in accordance with 6-12 months to suspend; does not require reconstruction of the move, suspend the loss in a 3-months.

    Non-residential housing before moving, relocation of people's debts, raw materials, goods and overstocked merchandise, rental rental losses without compensation. 43rd article for housing relocation need demolition relocation regional within of water, and power, and gas, and communications, and wired TV pipeline, public facilities, the relocation regional planning in the clear by relocation people funded reconstruction of, relocation people and public facilities professional business units signed reconstruction agreement Hou not compensation, by public facilities professional business units itself demolition; relocation regional planning clear canceled of public facilities or not clear by who investment reconstruction of,

    Relocation of people should be dismantled public facilities replacement value as new compensation for public facilities, specialized units, the compensation does not meet the capital investment.

    44th relocated public housing, relocation of people according to the House to be moved using nature and scale to rebuild or in accordance with the assessment price compensation.

    Article 45th real estate market evaluating price real estate appraisal institution with legal capacity determined in accordance with the relevant rules of the State assessment.

    Article 46th was removed or relocated person disagrees with the results of the assessment, commissioned by the Municipal Department of housing relocation management, real estate appraisal relocation technical appraisement of valuation conducted by the Commission of experts, real estate assessment Committee of experts should be identified in the 10th. Assessment of costs borne by the relocation.

    Real estate assessment identify and assess the results of the Committee of experts, identification of costs borne by the applicant, assessing the results, identification of costs borne by the rating agencies.

    47th move people without a demolition permit, without implementing the relocation, relocation of the Municipal Housing Department be ordered to stop moving, with a warning, and move per square metre floor space of less than 20 Yuan and 50 Yuan fine.

    Altered, forged, lent, the sale of housing demolition permits, relocation of the Municipal Housing Department ordered corrective action, and a fine of 10,000 yuan and 30,000 yuan fine.

    48th relocated people provide false documents to defraud the housing demolition permit, license revoked by the City Department of housing relocation management house demolition and relocation compensation and resettlement costs more than 1% 3% of a fine.

    49th move violates the rules of any of the following acts, relocation of the Municipal Housing Department be ordered to stop moving, give a warning, and a fine 3% of the compensation funds are serious, revoked the demolition permit housing:

    (A) do not receive the demolition permit to determine scale relocation of the move;

    (B) entrusting the lack of housing relocation relocation certified entity;
(C) unauthorized extension of housing relocation.

    50th entrusted the move violates these rules, transfer relocation service, administered by the relocation of urban housing sector correction, confiscation of illegal gains, with the contract to settle the compensation fee fine of 25% more than 50% below.

    51st permission acts in violation of these procedures involve other administrative departments, by the relevant authorities in accordance with provisions of law and rules and regulations will be punished.

    52nd of obstructing, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    53rd party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    54th civil servants of administrative organs have one of the following acts in the relocation by the supervisory departments, according to circumstances, appropriate administrative sanctions, to constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) breach or fraud, manufacturing, processing and issuing ownership certificates and other certificates, certificates, given demerit; adverse consequences, demotion or dismissal in serious cases, expelled;

    (Ii) participation in private building illegally built or used his position to seek personal benefits for himself and others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled;

    (C) organizing or participating in mob, interference and obstruction removal work, given demerit; plot heavy, demotion or dismissal in serious cases, expelled;

    (D) failing to perform their duties, delay or neglect their duties, resulting in the relocation does not function properly, given demerits, demerit; plot heavy, demotion or dismissal in serious cases, expelled;

    (E) violation of rules appointed or designated assessment, removal units bear the relocation or unlawfully interfere with their business, or falsification, issue a false report of failing to perform their oversight responsibilities, relocation of damage the interests of the parties, given demerit; if the heavier, given a demerit or demoted in serious cases, dismissal;

    (Vi) physical findings more than ± 5% the difference between the results of the verification, the directly responsible for demerit and demoted in serious cases, dismissal.

    55th Benxi, Huanren Manchu autonomous county town relocation management can be performed in accordance with the measures. 56th article of the measures come into force on August 15, 2010.

    Municipal people's Government released on May 16, 2002, the Benxi urban housing units management, (city 86th) repealed simultaneously. Before the release of this approach has been issuing demolition permits do not apply to the relocation project approach; municipal and district governments and their subordinate departments to develop the relevant provisions inconsistent with this approach, in accordance with these rules.