Amendment To Jiangxi Province Urban Housing Units Management Implementation Approach

Original Language Title: 江西省城市房屋拆迁管理实施办法修正案

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Amendment to Jiangxi province urban housing units management implementation approach

    (July 21, 2009, Jiangxi provincial people's Government, the 22nd Executive meeting on August 12, 2009, Jiangxi provincial people's Government, the 173th announced come into force on the date of promulgation), fifth revised as follows: provincial housing and urban-rural construction Administration Department conduct supervision and management of urban housing units across the province.

    City and County real estate administrative departments (hereinafter referred to as housing demolition management) within their respective administrative areas implementation supervision and management of urban housing units. Department of land and resources of the people's Governments above the county level administration in accordance with the relevant laws and regulations, the provisions of regulation, responsible for land use and urban housing units management.

    Relevant departments of the people's Governments above the county level should cooperate with each other to ensure housing units management works smoothly.

    Second, 11th for: demolished before implementing the relocation, must be recognized by the housing demolition Management Department estimated requirement of compensation funds and deposit the full amount of financial institutions that Take deposits; demolition permit to implement phased demolition of, in each issue before the demolition, the demolisher funds on deposit in financial institutions should be not less than the relocation compensation and resettlement funds needed.

    Housing demolition management, demolition, and financial institutions should jointly signed an agreement on house demolition compensation fund special account stores and earmarking.

    Use of house demolition compensation funds, by demolisher writing and certified by the housing demolition administration after funding, allocated by financial institutions. Three, 13th revised as follows: housing demolition management departments should strengthen supervision of the compensation funds, periodically check the compensation funds are in place and used, effectively safeguard the legitimate rights and interests of dismantled.

    Storing compensation funds of financial institutions should help housing demolition management supervision.

    Four, delete article 35th.

    Five, delete article 47th item (VIII).

    In addition, the provisions in the order adjusted accordingly.

    Of the Jiangxi province urban housing units management implementation approach under this amendment a consequential amendment be republished.

    Report: China's Jiangxi province urban housing units management implementation approach (2009 revision)

    (August 21, 2003, Jiangxi provincial people's Government, the 122th announced on July 21, 2009, 22nd General meeting of the people's Government of Jiangxi province Jiangxi province urban housing units management implementation approach Amendment Act amended)

    Chapter I General provisions

    First to strengthen my province urban housing units management, maintain the legal rights of parties involved in the demolition to ensure construction projects proceed smoothly, according to the State Department of the urban housing units regulations (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.

    Article on State-owned land in the urban planning area of the province to implement housing units, and need to be demolished the compensation and resettlement, shall comply with the Ordinance and these rules.

    Urban house demolition article III must comply with town planning, urban renewal and environmental improvement, protection of heritage and monuments, the need to protect national and provincial key projects.

    Fourth Party shall, in accordance with the provisions of the Ordinance and these rules, give compensation and resettlement to be demolished; was demolished during the relocation period should be to complete the relocation.

    Article fifth provincial housing and urban-rural construction Administration Department conduct supervision and management of urban housing units across the province.

    City and County real estate administrative departments (hereinafter referred to as housing demolition management) within their respective administrative areas implementation supervision and management of urban housing units. Department of land and resources of the people's Governments above the county level administration in accordance with the relevant laws and regulations, the provisions of regulation, responsible for land use and urban housing units management.

    Relevant departments of the people's Governments above the county level should cooperate with each other to ensure housing units management works smoothly.

    Chapter II administration of relocation

    Sixth application for a demolition permit shall be made to the leased premises of municipal and County housing demolition management submitted the following information:

    (A) project approval documents;

    (B) the planning permit for construction purposes;

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

    (D) relocation plans and relocation programmes;

    (E) issued by financial institutions that Take deposits relocation compensation and resettlement funds.

    Article seventh party submitted the demolition programme shall include the following information:

    (A) the demolition;

    (B) the removal period and transitional period;

    (C) the demolisher compensation standards to be provided;

    (D) the estimated requirement for compensation funds;

    (E) relocation should be protected according to law within the scope of buildings, structures and other facilities, tree protection measures taken.

    Eighth of municipal and County housing demolition management departments shall, from the date of receipt of the application in the 30th, to review applications;, upon examination, to qualify, issuing demolition permits.

    Nineth Department of Planning Administration in the need for demolition when the construction project planning permit for construction, should review the detailed planning of the project is in the city, does not comply with the detailed planning or detailed planning of the scope of the demolition has not yet been prepared, no planning permit for construction.

    Tenth shall, in accordance with the article demolition demolition permit removal of scope and implementation of demolition the demolition period, shall not be expanded or narrowing the scope of relocation. Need to extend the removal period, the demolisher shall, on the expiry of the approved demolition before 15th, to issue housing demolition administration of the housing demolition permit extension application housing units management departments shall, from the date of receipt of the application for extension within 5 business days with a response.

    Extension is granted, only indicated on the original house demolition permit, shall not be re-issuance of housing demolition permits.

    11th demolished before implementing the relocation, must be recognized by the housing demolition Management Department estimated requirement of compensation funds and deposit the full amount of financial institutions that Take deposits; demolition permit to implement phased demolition of, in each issue before the demolition, the demolisher funds on deposit in financial institutions should be not less than the relocation compensation and resettlement funds needed.

    Housing demolition management, demolition, and financial institutions should jointly signed an agreement on house demolition compensation fund special account stores and earmarking.

    Use of house demolition compensation funds, by demolisher writing and certified by the housing demolition administration after funding, allocated by financial institutions.

    12th demolition man and was demolished once the relocation compensation agreements signed, the demolisher to be demolished should be in accordance with the agreement, the Parties shall issue a certificate of payment, was demolished by certificate of payment to demolish the financial institutions that Take deposits paid compensation.

    When compensation placed requirements beyond the estimated requirement for funds, the demolisher special account funds to financial institutions in a timely manner; demolished after the task is completed the relocation compensation, balance of the compensation funds are deposited, the demolisher can extract the balance of proof by the housing demolition management departments. 13th housing demolition management departments should strengthen supervision of the compensation funds, regularly check the relocation compensation and settlement in place and use of funds, and safeguard the legitimate rights and interests of dismantled.

    Storing compensation funds of financial institutions should help housing demolition management supervision. Housing demolition administration in house demolition article 14th 5th from the date the license was issued in the publishing house demolition notices.

    Relocation notice shall include the following information:

    (A) the demolition man;

    (B) scope of relocation;

    (C) the removal period;

    (D) after the land use (including construction, project approval documents, planning permit of construction land, State-owned land-use rights documents of ratification).

    Housing demolition Administration issued demolition notices at the same time, the demolisher demolition programmes should be made public; demolisher not to publish the programme of demolition, demolition has the right to refuse to move. Relocation announcement, demolition and construction must be in the range to stop the construction.

    Demolish the construction to a notary should be preservation of evidence, on the construction of the scope of compensation, subject to the scope of preservation of evidence.

    15th demolishes own demolition, may also entrust have relocation relocation eligible entity.

    Demolition demolition of their own, should be commensurate with the demolition project the familiar with the housing demolition, construction, housing area measurements for professional and technical personnel.

    Housing demolition management or temporary agency of the people's Governments above the county level shall not be demolished shall not accept relocation Commission.

    Article 16th house demolition engineering companies must have the appropriate qualification of construction enterprises and construction safety.

    Article 17th party and dismantled shall sign a compensation settlement agreement in writing.

    Monetary compensation, compensation settlement agreement should contain the following:

    (A) be demolished the structure, size, location, level, direction and land acquisition and other basic information;

    (B) compensation;

    (C) relocation period;

    (D) the amount of compensation and the payment methods and deadlines;

    (V) removal subsidy costs, other removal compensation fees and payment methods and deadlines;

    (Vi) for breach of contract.

    A title change, relocation compensation agreements except as provided in paragraphs should contain before they agree to part (a), (b), (c) and (e), (f) outside, and shall contain the following:

    (A) the property rights exchange of housing floor space, place, levels, type, new, structure, direction, etc;

    (B) relocation of transition and transition period;

    (C) transitional housing location, area;

    (D) the movement of property rights Exchange settlement Act;

    (E) temporary resettlement fees and payment methods and deadlines. 18th demolisher and dismantled or demolished, demolition man and the lessee no compensation settlement agreement, the parties applied for, by cities and counties, where the housing demolition management decisions. Housing demolition administration was dismantled, by the people's Government at the decision.
Decisions should be made from the date of receipt of the application in the 30th.

    Housing demolition management departments or Governments in their rulings, valuation of compensation should be hearing the views of relevant experts.

    Not satisfied with the decision of the parties, may apply for administrative reconsideration or bring an administrative suit.

    19th to be demolished or tenant relocation does not move within the time limit specified in the ruling, by housing the seat of city and county governments to entrust authority forced relocation or by housing demolition management in accordance with the people's Court for mandatory minimum. Before implementing the forced relocation, demolition and related matters shall be the demolition of houses, to a notary evidence preservation, and judgment to determine compensation to be demolished in part not accepted for deposit notarization.

    Not for evidence preservation and extract a notarization shall not be compulsory relocation.

    20th demolition involved in military facilities, churches, monasteries, cultural relics and historic sites, shall be handled in accordance with relevant laws and regulations.

    Chapter III compensation and resettlement

    21st party shall, in accordance with the provisions of the Ordinance and these rules, giving compensation to be demolished.

    Demolition of illegal buildings and in excess of the approved duration of temporary buildings, without compensation; removal does not exceed the limit for temporary buildings should be given adequate compensation. 22nd compensation can be monetary compensation may also implement a property rights Exchange.

    Apart from the second to third paragraph of this article, and people can choose the way the compensation to be demolished, advocating people choose monetary compensation to be demolished.

    Of non-public housing demolition-like appendages, no property rights Exchange, monetary compensation is given by party. Units leased housing, be demolished and lessee on termination of lease relations cannot reach agreement, the party imposed should be demolished housing property rights Exchange.

    Property rights exchange houses the original lessee of the lessee, shall, together with the lessee to be demolished again entered into a lease agreement.

    Article 23rd compensation funds by the House to be demolished monetary compensation, the implementation of property rights Exchange housing allowance the amount of money, assistance with relocation, temporary resettlement fees and other compensation costs.

    Relocation allowance and temporary resettlement criteria, determined by the city and county governments according to local conditions.

    Article 24th demolition through discussions between the parties may determine the monetary compensation and property rights exchange difference, or Commission of real estate price evaluation Agency.

    When negotiating or evaluating the amount of monetary compensation is determined, should reflect the House to be demolished the location, use and environment, volume, structure, new, level, factors such as floor space as well as decoration. 25th of municipal and county governments should be based on local conditions, determine and adjustment of housing demolition monetary compensation benchmark prices, as a reference for market assessment, published before the end of March each year.

    City and county governments in determining the monetary compensation when the benchmark price, adjust the housing demolition, and extensively listen to the views from all sectors of society.

    House demolition monetary compensation should reflect the real market benchmark prices.

    26th house demolition compensation valued by real estate prices assessment agencies with the appropriate qualifications and follow the code for real estate appraisal.

    Housing assessment implementation "who commissioned pays" principle.

    27th of houses to be demolished, suitable for two or more methods of valuation for valuation, conditional selection of market approach valuation, as the main method of valuation should be based on market comparison approach; revenue housing valuation should be used as a valuation method of income approach.

    Removed building appraisal-specific technical specifications, by the provincial construction department.

    28th the implementation of property rights exchange houses to the valuation shall be based on housing demolition date of value on the date the license was issued, using the same methods of valuation, demolition of houses and used for valuation of property rights Exchange House post; housing for property rights Exchange is the auction, the auction according to the same location, the same or similar valuation price of newly-built commercial housing 95%.

    Article 29th compensation valuation of housing need to be demolished, commissioned by the party of real estate price evaluation Agency, demolish the assessment report should be dismantled. Demolition should be dismantled's name (name), be demolished building, compensation valuation results in the demolition area public announcements, public notice not less than 7th.

    Dismantled requested no publicity, no publicity.

    30th article was demolition people on assessment results has objections of, can since assessment report served of day up 5th within, requirements original assessment institutions for complex estimated, original assessment institutions should since received requests of day up 3rd within issued complex estimated report; was demolition people on complex estimated results still has objections of, can separately delegate other of real estate price assessment institutions for assessment, accept delegate of real estate price assessment institutions should since accept delegate of day up 7th within issued assessment report.

    Otherwise commissioned by complex estimation, assessment, still no compensation agreements, in accordance with the provisions of the present article 18th for a ruling. 31st shall provide in accordance with the article demolition design specifications and quality and safety standards of housing, for resettlement.

    Units provides for property rights exchange of housing property rights should be clear, no mortgages or guarantees are set. Article 32nd floor space of the House to be demolished and housing contained as standard.

    Demolition party on housing contained in an area of dispute, and may apply to the issuing Department again, costs are borne by the applicant. Article 33rd House to be demolished and housing contained as standard.

    Original residential housing in 2 consecutive years before the implementation of these measures has been changed to non-residential housing, and of business license and tax registration according to law, removal by non-residential housing be compensation and resettlement.

    34th demolishes belong to 2 consecutive years enjoy the benefits of minimum living guarantee of the urban population, its houses to be demolished housing floor space less than 36 square meters per household, demolishes demanding monetary compensation, the demolisher demolishes the monetary compensation should be sufficient to ensure that dismantled in lower level lot buy a gross floor area of not less than 36 square meters room sets.

    Missing property rights article 35th needed, temporarily unable to confirm ownership or property rights of not implementing demolition of housing, relocation shall present a compensation scheme, to a notary compensation deposited with notary and evidence preservation procedures reported to housing demolition administration examination and approval of demolition. Article 36th houses for demolition with the mortgage, the mortgagor and the mortgagee shall reset the security or entered into a settlement agreement.

    The mortgagor and the mortgagee does not create a security or debt settlement agreement cannot be reached, the demolisher demolishes monetary compensation should be and to notary compensation deposited with notary.

    37th demolition should be demolished or lessee to pay relocation assistance implementation of property rights Exchange, belonging to the existing placement, 1 relocation allowances shall be paid, belong to the auction place, 2 relocation allowances shall be paid.

    Article 38th demolition may be supplemented, the extension of the transition period, swing space shall timely make use of swing space back.

    For demolition people of responsibility extended transition term of, on itself arrangements residence of was demolition people or housing tenant people, should since late of day up monthly paid twice times of temporary placed subventions; over 6 months of, from over of day up monthly paid 3 times times of temporary placed subventions; on swing space of using people should since late of day up monthly paid twice times of temporary placed subventions.

    39th demolition resulted in economic losses caused by layoffs, business non-residential housing demolition should compensation be demolished or lessee the following costs:

    (A) transport of goods in accordance with national and provincial price price calculation, equipment installation and relocation cost of equipment and installation costs;

    (B) cannot be restored using equipment and structures at replacement price combined with the cost of a new settlement; (C) discontinued due to demolition, cessation of the appropriate compensation.

    Specific compensation standards established by the district municipality.

    40th party should be to the water supply, electricity, gas, telecommunications, cable television and other sectors go through relevant procedures, relocation period (with mandatory minimum qualifying relocation period) after the end of party for the House to be demolished to stop water supply, electricity, gas, etc.

    Dismantled by demolition of water supply, power supply, gas supply, telecommunications, cable television, and other important facilities costs borne by the demolition.

    41st damage due to demolition of adjacent buildings, structures, and other facilities, by the party responsible for rehabilitation or compensation.

    The fourth chapter penalty

    42nd in violation of these regulations, the penalty provisions of the Ordinance, and those provisions.

    Article 43rd in violation of these regulations, demolishes houses demolition delegate does not have the qualification of construction enterprises should undertake, by the housing demolition Administration ordered to stop the demolition, and demolition man fined 10,000 yuan and 20,000 yuan fine. 44th real estate appraisal institutions house demolition compensation valuation results seriously deviate from the market to assess the results, assessed by housing demolition administration reorganized, and real estate appraisal institutions and those responsible are punished in accordance with law.

    Losses caused to a party, real estate appraisal Agency shall bear the liability for damages.

    Article 45th in housing demolition Management informed staff of the departments concerned during the suspension of processing, fraud, giving themselves for the clearance to be demolished, the formalities is not valid, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    46th article of the way the meaning of the following terms:

    (A) the party refers to obtain a demolition permit;

    (B) be demolished, refers to the owner of the House to be demolished;

    (C) relocation deadline stated on the permit refers to building demolition demolition completion of the demolition period;

    (D) transition period refers to the implementation of property rights Exchange and auction places are relocated from the date of moving out of houses to be demolished to move into property rights Exchange date deadline for housing;
(V) removal, refers to demolition of mandatory demolition or removal on their own way;

    (Vi) relocation allowance refers to demolish the subsidy to the dismantled for relocation costs;

    (G) temporary resettlement refers in the context of implementation of property rights Exchange, the demolisher fails to provide working capital to be demolished houses, demolished in a transition period to be demolished temporary housing tenants compensation of the costs;

    47th city planning of collectively-owned land on the housing demolition in the district, shall go through the land acquisition procedures.

    48th on State land outside the urban planning areas implementation of housing units, and need to be demolished the compensation and rehousing arrangements, references to the Ordinance and these rules. 49th article of the rules take effect on October 1, 2003.