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Benxi City Housing Relocation Management

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

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Urban home relocation management approach

(Adopted by Decree No. 146 of 3 July 2010 of the Government of the People's Republic of Japan lobster of 15 August 2010)

In order to guarantee the smooth conduct of construction projects and to protect the legitimate rights and interests of the relocation party, this approach has been developed in accordance with the laws, regulations and regulations of the State Department's Housing Democtation Regulation and the Modalities for the Removal of Urban Housing in the Province of Extension.

Article II provides for the relocation of homes on State land in the city planning area and requires compensation and resettlement for the relocation.

This approach refers to the recovery of State land use rights and the demolition of houses by law as a result of urban planning or other public interest needs.

Article 3. The relocation of persons referred to in this approach refers to units that have obtained housing demolition permits under the law.

This approach refers to all persons who have been relocated.

Article IV.

The Urban Planning Authority is the administrative authority for the relocation of homes (hereinafter referred to as the relocation of municipal houses), the relocation management office of which is responsible for the day-to-day management and integrated coordination of the relocation of homes throughout the city, and the relocation of physical surveys in the area; the organization of relocations by the territorial Government and operational guidance and oversight of relocation.

Housing relocation management has been established by the various regional governments, stream economic technology development councils, in collaboration with the municipal housing relocation management in the conduct of physical surveys and the development of housing relocation indemnity programmes and the conduct of pre-mission land collation.

Removal services are responsible for the settlement of home relocation agreements concluded within the Territory, the relocation of homes and the relocation of persons.

The municipal financial sector is responsible for the mobilization, movement control, management and supervision of the funds transferred and for the verification of the results of the survey of the physical nature of the relocation area.

The municipal audit department is responsible for receiving reports and complaints on the results of the verification of in kind, conducting audits of the verification results and issuing audit reports.

In accordance with the planning control requirements, the integrated law enforcement sector carries out daily oversight inspections and found that violations of the construction of buildings were promptly stopped, dealt with in accordance with the law and informed the relevant authorities; administrative sanctions were imposed on violations of urban planning and the construction of urban construction provisions; and the removal of illegal buildings.

The inspection department is responsible for administrative inspection of the management of relocation and for the legal treatment of those responsible for violations of administrative disciplinary provisions.

Sectors and communes such as land resources, housing, justice, public safety, business, etc., and communes (communes), street offices and electricity, newsletters, cable television, heating, water supply, heating, heating, water supply, heating, etc., should work with each other to ensure the smooth operation of the relocation of homes in accordance with their respective responsibilities.

Article 5 Removals shall be compensated, resettled for the relocation of the person, in accordance with the provisions of this scheme, and the relocation of the relocated and the tenant shall cooperate with the relocation of the person within the time period specified in the relocation agreement.

In accordance with the land reserve plan for the planning control of the proposed relocation area, municipal housing relocation management shall notify the relevant departments in writing and suspend the following matters:

(i) Removal, sub-householding, except for the relocation of persons who have been born, married, active military service or demobilized, who have been released or removed from the labour corrections personnel and who have graduated students from their homes;

(ii) The license of new businesses, individuals and businesses;

(iii) Construction, alteration and expansion of homes;

(iv) Changes in the nature of the use of homes and land use;

(v) Land-use procedures.

In the period under control, the authorities and the authorities in the town of the town, the street offices should stop and deal with violations of construction and refer to the integrated law enforcement sector to be addressed by law.

Article 7. The municipal housing relocation management is responsible for planning regional physical investigations.

The municipal housing relocation authority, together with the municipal housing administration authorities, determines on-site ownership of the State's land houses, will be determined on the basis of the territorial Government's ownership of the original collective land houses.

The municipal housing administration authorities are responsible for ascertaining whether the ownership certificate of the State's land houses is lawful; the territorial Government is responsible for ascertaining whether the original collective land ownership certificate is lawful.

Article 8. The municipal financial sector, in conjunction with the inspection, audit department commissioned a qualitative assessment body to verify the results of the physical survey in the planning control area and to verify that the rate of verification is not less than 30 per cent.

The proportion of the results of the physical survey and verification results is ± 2 per cent, rewarding the principal and direct responsibilities of the physical investigation unit in accordance with the total value of the verification results in a total of 2 per cent; the results of the physical investigation and verification are more than 5 per cent, and the inspection department is responsible for the principal and direct responsibilities and rewards the verification sector in proportion to 50 per cent of the difference.

Article 9. The findings of the municipal relocation management authorities and the results of verification in the municipal financial sector are subject to social oversight over 7 days in the area of planning control.

Any unit and individual shall be entitled to report on the results of the verification of the physical quantity, subject to an auditor's audit, the verification rate exceeds ± 2 per cent of the audit results and the appropriate incentives for the reporting person; and the verification assessment body assumes liability for a balance of 50 per cent in accordance with the delegated agreement.

Article 10 Removal management shall prepare relocation indemnity programmes based on the results of the physical survey, after approval by the Urban Land Reserve Commission, to be carried out by relocation services.

Article 11. Removal services by sector relocation services should be submitted to the municipal housing relocation management for the following materials for the processing of home demolition permits:

(i) The construction project approval document;

(ii) Building a land planning licence;

(iii) National ownership of land use instruments;

(iv) Removal requests, relocation plans and relocation compensation programmes;

(v) Planning maps for the scope of relocation;

(vi) Removal compensation for the deposit of funds;

(vii) Other documentation and information required.

The implementation of land reserves will require the relocation of homes, and the applicant shall provide the approval of the municipal government for the reserve and the material specified in paragraphs (iv), 5 and (vi)).

Article 12 Housing relocation management shall be made public within five days of the date of the release of the house demolition permit, the name of the construction project, the relocation, the duration of the relocation, the relocation period, the relocation indemnity programme, etc., in the form of a notice, within the scope of the present stream and the relocation.

The period of relocation refers to the end date of the relocation of the relocation of the person to complete the relocation of the house, which is determined on the basis of the scale of relocation and the nature of the relocation project.

Urban, district housing relocation management and relocation should be promoted and explained to the relocated, house tenants.

Article 13 should relocate in accordance with the scope and duration of the housing demolition permit. However, an extension period is required, and the relocation of the person shall submit a written application to the municipal housing relocation management by 15 years of expiration; the municipal housing relocation management shall respond within 10 days of receipt of the extension request.

Article 14. The relocation party shall enter into a relocation indemnity settlement agreement within the period specified in the relocation notice. The relocation indemnity settlement agreement shall include the following:

(i) The right to be relocated, the address, area, use, structure, length, relocation period and compensation;

(ii) The application of monetary compensation shall contain compensation criteria, compensation, amount, settlement, payment period;

(iii) The introduction of the transfer of property rights should include the right to house accommodation, the place of residence, the area of construction, the use, structure, the time and manner of relocation, the amount of the property transfer price, the manner in which the difference is settled and the time period for the transfer;

(iv) The breach of responsibility and the manner in which the dispute is resolved;

(v) Other provisions to be concluded by the relocation party.

The relocation of houses was made public, and the relocation should be concluded with the relocation of the relocated and the tenant.

Article 15. After the relocation indemnity settlement agreement was concluded, the transferee or a public rental house licensor refused the relocation within the specified period of relocation, which may apply for arbitration or litigation by law. During the proceedings, the person may apply to the People's Court before being executed by law.

During the period provided for in the relocation announcement, the parties were not eligible for compensation settlement agreements and, upon application by the parties, were governed by the law.

The parties may apply for administrative review or prosecution in accordance with the law. The transferee has granted monetary compensation for the relocation or the provision of the house for the transferee or the public housing tenants, and the relocation decision is not discontinued during the proceedings.

Article 17 shall not change the basic conditions of water, electricity, heating, heating, heating, heating, heating, heating, heating, heating, and gas that have not been relocated. However, for security reasons, the relocated should be approved by the municipal housing relocation management for 5 days in advance and take appropriate measures to guarantee the basic life needs of the disloans who have not been relocated, the home tenants.

Following the conclusion of the relocation indemnity settlement agreement, the transferee shall transfer home ownership cards to the relocating and dispose of property write-off procedures by the relocationr.

Article 19

Article 20 is not relocated by a person who is moved or by a public tenant within the period of relocation provided for in the decision, and by the municipal housing relocation management to apply for the enforcement of the People's Court in accordance with the prescribed procedures or to bring the city's Government or the integrated law enforcement sector to be dismantled by law.

Article 21, the construction of public utilities facilities, which requires the relocation of homes, is carried out in accordance with the principle of the removal and subsequent settlement of disputes. The relocation party is required. During the period of time, no relocation indemnity settlement agreement shall be subject to construction needs by the relocators and their superior units, and, without prejudice to the normal use of public-use facilities in the area of non-removation, the relocation is required by the engineering requirement.

The relocation of a relocated and a public home tenant must be accompanied by a complete relocation of a house and no damage to the housing facility, resulting in liability for loss.

Article 23 is one of the following cases in which the relocation of houses is moved by the relocation of a relocation indemnity programme, which was carried out after 7 days of the introduction of the relocation by the municipal housing relocation management with the consent of:

(i) A property dispute;

(ii) The whereabouts of the owner are unknown;

(iii) It is temporarily not possible to determine the owner.

Article 24 relocates houses with mortgage rights, which should inform the collateral.

Article 25 The relocation of homes is one of the following cases, and the relocation of the person shall apply to the public accreditation authority for the processing of the evidence:

(i) The administration of property;

(ii) A property dispute;

(iii) The whereabouts of the owner are unknown;

(iv) The temporary inability to determine the owner;

(v) The forced relocation;

(vi) A mortgage right.

Article 26 Removal of housing funds should not be diverted by all compensation, resettlement and relocation of homes. The relocation management of municipal houses and the municipal financial sector are subject to a full-scale review of the compensation settlement fund.

Article 27 requires the relocation of the person to establish a sound relocation file and to transfer the relocation information to the municipal housing relocation management.

Article twenty-eighth relocation services have not been completed within the time period specified in the relocation licence, and the municipal finance sector has been deducted from the land gains allocated to the sector's Government in accordance with the 10-day standard of living.

Article 29 relocating home houses can be subject to monetary compensation or a transfer of property rights. The relocated has the right to choose a specific compensation settlement.

Article 33 Reimbursement criteria for housing houses are determined in accordance with the average resale price of general commodities at the land level in the previous year and relocation area published by the municipal housing administration authorities; there is a dissenting assessment body that can be delegated to assess the extent of the construction area, renovation, structure, structure, composition, environment, etc. The calculation formula for monetary compensation is as follows:

Currency compensation = housing currency compensation standard x the area of the relocated home building

Article 31 states that the relocation of houses is less than 45 square meters and that the relocationee shall grant the difference to the relocutor at 40 per cent of the monetary compensation criteria. The calculation formula is as follows:

Comparison: 40 per cent currency compensation standard x (45 m2-removed residential buildings)

Article 32 provides for the introduction of a transfer of property rights, which may be converted within the area of relocation and may also be relocated in different locations.

Removal houses are accommodated in accordance with the area of the relocated houses, namely, 45 square meters, two types of 60 square meters, three types of 80 square meters. The area of house accommodation is nearly dependent, allowing for a ± of 5 square meters.

The housing gap is partly due to the difference in the area of the relocated housing, which is settled by the relocation and the relocationee in accordance with monetary compensation standards.

Article 13. Placement of house ladder, which reduces the cost of the relocationee by the following criteria:

(i) The module set up a ladder: three square meters, two sets of subsidised 4 square meters and 5 square meters for three types;

(ii) Two electric gradients were installed: a type of decrease of 6 square meters, a two-phase reduction of 7 square meters and a three-phase of 8 square meters.

In the transition period of relocation, the relocationee granted temporary tenancy benefits to the relocated under the following criteria:

(i) The area of the relocated home area of 45 square meters, with a monthly allowance of $400 per household;

(ii) The area of the relocation of houses exceeds 45 square methane 60 square meters, with a monthly allowance of $600 per household;

(iii) More than 60 square meters in the area of the relocation of houses, with a monthly allowance of $800 per household.

Instituting monetary compensation, three months of temporary rental grants were granted and one-time payments were made; the transition period for the relocation of property was 27 months after the conclusion of the relocation indemnity agreement, which exceeded the transition period by a quarter and 20 per cent based on the criteria set out in the previous paragraph.

Article XV Removal of houses and the acquisition of property rights by the relocation of a occupier of a house, which is compensated under article 29 of this scheme.

Removal houses have been housed and the relocation owner has been removed from the lease relationship with the public house tenants or the relocation of the owner has been installed before the relocation of the public house tenants, and the relocation is granted compensation for the relocation.

The relocated homeowner and the occupants of public housing cannot reach the agreement on the lifting of the lease relationship and the relocation of the property rights of the owner of the relocated house, which is rented by the former occupants.

The relocation of private rental housing houses and the relocation of persons is only compensated for the relocation of the owner.

The relocation of houses with some private property rights shall be subject to monetary compensation for the public-owned housing owner and the public-owned tenant.

Article 36 Removals are required for cable television, communication facilities for the transferee or the public housing tenant, and the relocation is paid in accordance with the relevant provisions.

Article 37 Removal agent pays one-time relocation grant for a transferee or a public-owned tenant under each tenant standard (complex work allowance).

Article 338 The relocation area is in accordance with the following conditions for the free-source housing of property, which is funded by the relocationr in accordance with the standards of $60 m2:

Pre-planning construction;

In the area of relocation, the occupants are located;

Residents have no legitimate housing in the urban planning area of the city;

The right to housing is not disputed.

Incompatible with the provisions of paragraph (ii), (iii), (iv), and with the construction area of more than 10 square meters of property, the relocation is financed by the resident person in accordance with the standards of 2.0 square meters, up to 4,000 dollars.

Removal of property-free homes and non-payment of temporary rental housing benefits for residents, relocation grants and malworking benefits.

After the implementation of the planning control management, the construction of a property-free home in the area of relocation is not funded and is dismantled by law by the integrated law enforcement authorities.

Article 39 Leave of property is payable in accordance with the duration of the relocation indemnity agreement signed by the relocation and the relocationee.

Article 40 Non-residential homes are eligible for compensation:

(i) There is office, production and operation of premises within the context of relocation;

(ii) A corresponding home ownership certificate;

(iii) Land-use evidence;

(iv) There is legal office, production, operation certificate.

Article 40 provides monetary compensation for the relocation of non-resident houses, and monetary compensation shall be determined in accordance with the real estate market assessment price of the relocated home.

The relocation of non-residents has been carried out by the relocation of property rights, which is accommodated in accordance with currency compensation for the relocation of non-residents and the settlement of the market price of the house. The place of house relocation can be determined on the basis of land use and urban construction planning.

Non-residentials for relocation of non-residents are not relocated, and the relocation is compensated by the assessment price.

Article 42 requires the re-establishment of a relocated enterprise, which is calculated by the relocators on the basis of the assessment results and the size of the enterprise, for a period of 6-12 months, for a period not to be relocated, for a period of three months.

Non-resident homes were removed from compensation for the debts of the relocutor, raw materials, goods, the backlog of commodities, the loss of rental housing.

Article 43 thirteenth provides for the removal of public facilities such as water supply, electricity, telecommunications, communications, cable television lines due to the need for the relocation of homes, which are explicitly rebuilt by the relocationr, the relocation of the relocationr and the professional operating units of public facilities, which are not reimbursed after the signing of the reconstruction agreement with the professional units of the public facility, which is removed by the professional operating unit of public facilities; the relocation of public facilities that are clearly cancelled or are not explicitly renovated by the relocation area, and the relocation of the relocationr shall take into account the replacement price of the closed public facility to compensate the construction unit.

Article 44 relocate houses of public interest, which may be rebuilt in accordance with the nature and scale of the relocation of the house or compensated for the assessment price.

Article 44 XV Real estate market assessment prices are determined by a competent property assessment body in accordance with national norms.

Article 46 was challenged by the relocation or relocation of the person to the assessment, and the Committee of Experts on Removal Real estate Assessment was commissioned by the municipal housing relocation management to conduct the technical validation of the relocation evaluation, and the Committee of Experts on Real estate Assessment should be validated within 10 days.

The assessment costs are borne by the relocation. The Committee of Experts on Real estate assesses the effectiveness of the assessment and is charged by the applicant; the cost of the assessment is null and void and is borne by the assessment body.

Article 47 relocateees do not have access to a house demolition permit, have been forced to carry out relocations, which are ordered by the relocation management of the city's homes to stop the relocation, warning them and fined up to $50 per square m2.

Restructuring, counterfeiting, buying, selling and selling home demolition permits, are converted by the relocation management order of the city's homes and fines of over 3,000 dollars.

Article 488 relocateees provide false documents to deceive house demolition permits, which are revoked by the municipal housing relocation management and fines of up to 3 per cent of relocation costs.

Article 49, in violation of this approach, has one of the following acts, which are responsible for the cessation of evictions, warnings, and may be rescheduled to compensate for the settlement of 3 per cent of the funds; and, in the event of serious circumstances, the suspension of the home demolition permit:

(i) The scope of relocation that has not been determined by a housing demolition permit;

(ii) The relocation of units that have not been granted housing relocation certificates;

(iii) Exemptive extension of the period of relocation of homes.

Article 50 of the delegated relocation unit violates this approach, whereby the transfer of relocation operations is redirected by the relocation management of urban homes, forfeiture proceeds of the conflict and imposes a fine of up to 50 per cent of the contract agreed relocation indemnity.

Article 50 of the breach of this approach relates to the competence of other administrations, which are punishable by law, regulations and regulations.

Article 52 imposes penalties on public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China, which constitutes a serious offence and is criminally prosecuted by law.

Article 53 does not determine administrative penalties and may apply to administrative review or administrative proceedings in accordance with the law.

Article 54, civil servants of the executive branch have one of the following acts in the relocation process, which is criminally criminalized by law by the inspectorate in accordance with the circumstances in which the appropriate administrative disposition is made.

(i) In violation of the provisions or omissions, the various evidences, certificates such as the manufacture, processing and issuance of the right to be proved to be disposed of largely; the result of adverse consequences, the granting of a reduction or dismissal; and, in serious circumstances, the granting of removal;

(ii) Participation in private construction or in the use of office to be privately profited by themselves and by others;

(iii) Organizing or participating in merging events, disrupting and impeding the relocation process and giving them a large measure of disposal;

(iv) Failure to carry out their duties under the law, to work in error or to play a role, rendering relocation work that cannot be carried out in a normal manner, rendering it lapse and disposing of it more seriously, giving downgrading or dismissal;

(v) Failure to perform oversight functions in accordance with the law, in violation of the provisions entrusted or designated assessment, relocation units to carry out relocation or unlawful interference with their operations, or to carry out oversight functions, such as probationary leave, false reporting, which undermines the interests of the relocation party, renders it punishable;

(vi) In-kind results and verification results are more than ± 5 per cent, giving the directly responsible person a greater weight or a lower-level disposal; and, in the event, serious dismissals.

Article 55 streams, the relocation of urban houses in the Autonomous Region of Integrity can be implemented in the light of this approach.

Article 56 of this approach is implemented effective 15 August 2010. The Modalities for the Removal of Urban Houses (No. 86 of the Municipal Government Order) issued on 16 May 2002.

Prior to the issuance of this approach, the relocation of licensed nuclear demolitions was not applicable; the relevant provisions developed by the municipality, the territorial Government and its constituent sectors were incompatible with the approach and were implemented in accordance with the scheme.