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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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Amendments to the Modalities for the demolition of urban homes in the Province of Yangi

(Adopted at the 22th ordinary meeting of the People's Government of Southern West Province on 21 July 2009, No. 173 of 12 August 2009, published from the date of publication)

I. Article 5 amends as follows: the provincial Government's housing and the establishment of administrative authorities in rural and urban areas oversees the evictions of homes throughout the province.

The administrative authorities of the city, the people of the county (hereinafter referred to as the management of house demolitions) are governed by the supervision of the relocation of urban homes in this administrative area.

In accordance with the relevant laws, regulations and regulations, the authorities of the Land Resources Administration at the district level are responsible for the management of land relating to the demolition of urban homes. Other relevant sectors of the population at the district level should be synchronized to ensure the smooth management of house demolitions.

Article 11 amends as follows: the removal of evictions must be preceded by a projected relocation indemnity for demolitions endorsed by the house demolition management and secured in full into the financial institutions involved in the deposit operation; and the separation of funds from financial institutions prior to each relocation period should not be less than the amount required for the relocation period.

Housing demolition management, demolitions and financial institutions should enter into agreements that allow for exclusive storage of house demolitions and specialization.

The use of house demolitions to compensate for resettlement funds was made in writing by the dispersioners, which were funded by financial institutions after the house demolition management had proved to be used.

iii. Article 13 amends as follows: The management of house demolitions should enhance oversight of the use of relocation compensation for resettlement funds, regularly check the availability and use of relocation indemnity funds and effectively guarantee the legitimate rights and interests of the dispersed. Financial institutions that store the relocation of funds should assist the management of house demolitions in the implementation of oversight.

Article 35 was deleted.

Delete article 47 (viii).

In addition, the order of the provisions is adjusted accordingly.

The Modalities for the Management of Urban Housing Democracies in the Province of Yangi were re-published in accordance with the amendments.

Annex: Modalities for the management of the demolition of urban homes in Southern West Province (as amended in 2009)

(Act No. 122 of the People's Government Order No. 122 of 21 August 2003 and as amended by the Amendment to the Modalities for the Removation of Urban Houses in the Province of Giangsi, adopted at the 22th ordinary meeting of the People's Government on 21 July 2009)

Chapter I General

Article 1 ensures that construction projects are successfully carried out in order to strengthen the management of urban homes in my province, preserve the legitimate rights and interests of the dispersed parties, in accordance with the State Department's Regulations on the Management of Urban Houses (hereinafter referred to as the Regulations) and develop this approach in conjunction with the province.

Article 2, State-owned land demolitions in the area of urban planning in this province, and the need for compensation and resettlement for the dispersed, should be governed by the Regulations and this approach.

Article 3. The relocation of urban homes must be in line with urban planning, which facilitates the rehabilitation and ecological environmental improvement of the urban areas, protects monuments and guarantees the needs of national and provincial priorities.

Article IV. Demobilizing persons shall be compensated and resettled to the dispersed persons, in accordance with the provisions of the Regulations and this approach, and the removal shall be completed within the period of relocation.

Article 5

The administrative authorities of the city, the people of the county (hereinafter referred to as the management of house demolitions) are governed by the supervision of the relocation of urban homes in this administrative area.

In accordance with the relevant laws, regulations and regulations, the authorities of the Land Resources Administration at the district level are responsible for the management of land relating to the demolition of urban homes. Other relevant sectors of the population at the district level should be synchronized to ensure the smooth management of house demolitions.

Chapter II

Article 6. Applications for permission for home demolitions should be made available to the municipalities in which the houses are located and to the housing demolition management in the county.

(i) The construction project approval document;

(ii) Building a land planning licence;

(iii) National ownership of land use instruments;

(iv) Removal plans and demolition programmes;

(v) Financial institutions dealing with deposit operations have proven to be dislocated.

Article 7. The demolition programme submitted by the dispersion shall include the following:

(i) Modalities for evictions;

(ii) Period of relocation and transition period;

(iii) Removal compensation criteria to be provided by the dislocators;

(iv) It is expected that the necessary relocation indemnity funds are provided;

(v) Measures to protect buildings, constructions and other facilities, trees, etc., which should be protected by law in the context of evictions.

Article 8. The housing demolition management of the city, the people of the district, shall review the application within 30 days of the date of receipt of the request; and, as a result of the review, grant housing demolition permits.

Article 9. Planning the administrative authorities shall review whether the project is in line with the city's detailed planning, in the event of a licence for the construction of a nuclear-weapon-building project requiring demolitions, in the absence of a detailed planning plan or the scope of the removal has not yet been prepared, without a nuclear-powered planning licence.

Article 10. Demobilization shall be carried out in accordance with the scope of evictions and the duration of evictions provided for in the home demolition permit and shall not be extended or narrowed.

There is a need to extend the duration of demolitions, and the relocation of the demolitions should submit requests for extensions to the house demolition management that issued a home demolition permit by 15 days of the date of receipt of the extension request, which should be answered by the house demolition management within five working days from the date of receipt of the extension request. The granting of extensions is not subject to a re-entry permit only to the original house demolition permit.

Article 11. Removals must have the projected relocation requirement approved by the house demolition management to compensate for the relocation of relocation funds and to fully store financial institutions for the deposit operation;

Housing demolition management, demolitions and financial institutions should enter into agreements that allow for exclusive storage of house demolitions and specialization.

The use of house demolitions to compensate for resettlement funds was made in writing by the dispersioners, which were funded by financial institutions after the house demolition management had proved to be used.

Article 12. After the agreement on the relocation of the dislocators with the dispersed, the dispersion shall, in accordance with the agreement, be awarded to the dispersed, the dispersed, on the basis of the agreement, to the financial institutions for the deposit operations of the dislocutor.

When dislocating the funds actually required for resettlement exceeds projected funds, the dispersion should provide financial institutions with additional funding in a timely manner; the removal of the remaining savings after the removal of the relocation of the dispersed was completed by the relocation of the dislocators after the completion of the full relocation indemnity assignment.

Article 13. Housing demolition management should enhance oversight of the use of the demolition of resettlement funds, regularly check the availability and use of relocation indemnity funds and effectively guarantee the legitimate rights and interests of the dispersed. Financial institutions that store the relocation of funds should assist the management of house demolitions in the implementation of oversight.

Article 14. Housing demolition management shall issue home demolition announcements within five days of the date of the issuance of the home demolition permit. The announcement should include the following:

(i) Dismoval of persons;

(ii) The scope of evictions;

(iii) Period of relocation;

(iv) Land use after evictions (including construction project approval documents, construction of land planning permits, approval of national land use rights instruments).

In parallel with the issuance of home demolition announcements by the house demolition management, the demolitions should be made public by the demolition programme; the demolitions are not published for the demolition programme and the dispersion is entitled to refuse relocation.

After the release of the announcement, construction work within the scope of the demolition must stop. The dispersion should preserve the evidence of the construction work to the public evidence body and the scope of the compensation for the construction work to the extent that the evidence is preserved.

Article 15. Demobilization may be removed by themselves or by units eligible for removal.

The spoilers should be able to dislocate themselves, and professional technicians with regard to house demolitions, construction and house size measurement should be familiar with the demolition projects.

Interim bodies of the house demolition management or of the people's government at the district level shall not be allowed to be dispersed as dislocated.

Article 16 Enterprises with house demolitions must have the corresponding qualifications of construction enterprises and be responsible for construction safety.

Article 17 Demobilization and the relocation of the dispersed shall enter into a written agreement on relocation compensation.

Instituting monetary compensation, the relocation indemnity agreement shall contain the following matters:

(i) Basic conditions such as the structure, area, location, level, orientation and access to land use;

(ii) Modalities for evictions;

(iii) Period of relocation;

(iv) Reimbursement and payment methods and deadlines;

(v) Removal grants, other relocation indemnity costs and payment options and deadlines;

(vi) Removal responsibility.

In addition to subparagraphs (i), (ii), (iii), (v), (vi) and (vi) of the preceding paragraph, the introduction of the transfer of property should include the following:

(i) The area of construction, location, tier, household, new, structural, oriented, etc.

(ii) Modalities and transition periods for relocation;

(iii) Transitional premises, area;

(iv) The law on the settlement of the price of the property;

(v) Interim settlement grants and payment options and deadlines.

Article 18 Demobilization and dismissal of dispersed or dispersed persons, dispersed and house tenants are not allowed to dislocate the settlement agreement and, upon application by the parties, decisions are taken by the city of the house's location, the district home demolition management. The house demolition management is a dispersed person and is decided by the same-ranking people. Decisions shall be made within 30 days of receipt of the request.

In the decision of the house demolition management or the people's Government, the experts should be heard on the valuation of the compensation for evictions.

The parties may apply for administrative review or administrative proceedings in accordance with the law.

Article 19 was left unremoved by a dispersed person or by a house tenant within the period of relocation provided for in the decision, by the city of the house's location, the Government of the People's Republic of the District, or by the Housing Democtation Administration to apply to the People's Court for forced evictions.

Before the imposition of forced evictions, the dispersion should proceed with the preservation of the evidence by the public evidence authorities on matters related to the demolition of homes and to the non-acceptance of the part of the dispersed in the award. The absence of evidence to preserve and submit evidence does not apply for forced evictions.

Article 20 deals with military facilities, churches, temples and monuments, in accordance with the provisions of the relevant laws, regulations.

Chapter III Removal compensation and resettlement

Article 21, the removal of persons should be compensated for the dispersion, in accordance with the provisions of the Regulations and this approach.

The removal of unconstitutional buildings and temporary buildings exceeding the period of ratification shall not be compensated; the removal of temporary buildings that do not exceed the period of ratification shall be duly compensated.

The second article, in the form of compensation for demolitions, may be subject to monetary compensation or the transfer of housing property. In addition to the provisions of paragraphs 2 and 3 of this article, the dispersed may choose the means of relocation and promote the choice of monetary compensation by the dispersed.

The removal of subsidiaries from non-farm homes does not result in a transfer of property, and is compensated by the dispersion.

The demolition of rented homes and the dispersion of homes with the tenants of the house would not be in agreement with the removal of the lease relationship and the removal of the property rights of the dispersed persons should be transferred. The property transferee's home was leased by the original house tenant and the dispersed should re-establish the housing lease contract with the tenants.

Article 23. Removal indemnities are comprised of the amount of compensation paid by the dislocated housing currency, the currency of the rental of property, the relocation grant, the temporary settlement grant and other relocation compensation costs.

The criteria for the relocation grant and the temporary settlement grant are determined by the municipalities, the communes' governments on the ground.

Article 24 may also entrust the owner with the assessment of the real estate price assessment institution by determining the price of monetary compensation and the difference of the transfer of property.

In consultation or assessment of the amount of monetary compensation, there should be a combination of factors such as the location, use, environment, absorption rate, structure, new, tier, construction area, and dressing.

Article 25 Governments of the city and of the district should determine, adjust the baseline price of housing dislocated in the context of local circumstances, as a reference to market assessments and be published by the end of March each year. In identifying and adapting the benchmark price of housing dislocating, the Governments of the urban, district and local communities should be widely consulted.

The benchmark price of housing dislocating money should be really reflected in the market.

Article 26 Removal indemnity is vested in the property price assessment body with corresponding qualifications and is governed by the valuation of property.

The housing assessment is based on the principle of “ Who entrusts, who pays”.

Article 27 provides for the purpose of valuation of the demolitions, with more than two methods of valuation, with a conditional choice of market comparability, which should be the main method of valuation by market comparability; the valuation of the profitable house should be elected as a method of valuation.

Specific technical norms for the valuation of house demolitions are developed by provincial authorities.

Article 28 shall be evaluated for the introduction of a property transfer house, which shall be valued at 95 per cent of the same valuation method, using the same method of valuation, for the purpose of valuation of the damaged homes and for property transfers, and for the rental of property, for the rental of property, which shall be used as the valuation point on the date of the release of the home, the same period shall be valued at 95 per cent of the price of new commodity buildings, in accordance with the same paragraph, the environment, or close.

Article 29 requires the valuation of the demolition of the house, and the removal of the report shall be sent to the dispersed by the dispersioner to commission the assessment of the real estate price assessment agency.

The dispersion shall be given to the name of the dispersed person (name), the doors of the house removed, the results of the relocation indemnity valuation, etc., to the extent that the time is not less than 7 days. The dispersed may not be disclosed.

Article 33, whose results are contested by the dispersed, may request an ex-assessment body to carry out an assessment of the results within five days from the date of the submission of the assessment report, which shall be subject to an explanatory report within three days from the date of receipt of the request; the dispersion of the dislocutor's objection to the assessment of the assessment of the other real estate price assessment bodies, and the awarding of the real estate price assessment shall be carried out within 7 days from the date of the receipt of the request.

After an assessment and otherwise commissioned, there is still no compensation for the settlement agreement and a decision is applied in accordance with article 18 of the scheme.

Article 31 should provide housing consistent with national design norms and quality safety standards for the removal of evictions. Removals should provide housing for the transfer of property rights to be clear, untied or guaranteed.

Article 32 covers the area of buildings that are removed from the house, which is subject to the home ownership certificate. The removal of the party's objection to the area of construction set forth in the home title certificate may apply for the reapproval of the licensee sector and the costs borne by the applicant.

Article 33 uses of house demolitions are restricted by a home ownership certificate. The housing of the original home has been converted into non-resident homes for two consecutive years prior to the operation of the scheme and is subject to a legal licensing and tax registration, and the relocation of the house is compensated by non-residents.

Article 34 of the exclusion of persons belonging to urban residents who enjoyed the minimum living security treatment for two consecutive years, who were removed from the home area of 36 square meters per household building, who were asked for currency compensation and the amount of compensation to the dispersed should be sufficient to ensure that the relocation of the dispersed was not less than 36 square meters at a lower level.

Article 335 requires the removal of property rights holders, which are temporarily unable to recognize property rights or property-neutral homes, and the removal of demolitions should be made by the public accreditation authority, to the extent that compensation payments are made to the public evidence and to the procedures for the preservation of evidence, and to report to the house demolition management after approval.

Article 36 dismantled houses with mortgage rights, and mortgages and mortgage holders should re-establish security or conclude debt liquidation agreements. The collateral and mortgage-holders cannot re-establish security or fail to reach a debt-liquidated settlement agreement, and the dispersion should pay monetary compensation for the dispersioned and bring the compensation to the public witness body for the deposit.

Article 37 should pay for relocation grants to the dislocated or house tenants; the introduction of a property transfer, which belongs to the current house, should be paid for one relocation grant and two relocation grants should be paid.

Article 338 may not authorize the extension of the transition period, and the swinghouses should be released on time.

In addition to the extension of the transition period due to the responsibility of the disloans, the temporary settlement allowance shall be paid to two times a month from the date of the late date of the delay; more than six months from the date of the excess to three times a month of the interim settlement grant; and the use of the swing house shall be paid two times a month for temporary accommodation.

Article 39 of the removal of non-residential homes caused economic losses, and the removal of persons should compensate for the removal of persons who were displaced or for the expenses of the tenants:

(i) Removal costs and installation costs based on freight prices established by States and provinces;

(ii) The costs associated with the new settlement of the equipment, the construction of the goods that cannot be recovered;

(iii) Adequate compensation for the suspension and suspension of the business resulting from the relocation. Specific compensation criteria are developed by the Government of the People of the Region.

Article 40 should be made available to the water supply, electricity, communications, cable television, etc. to the end of the relocation period (with a mandatory relocation period) and to the extent that the demolition of houses will cease water supply, electricity, electricity and gas.

The cost of transport of water, electricity, telecommunications, cable television and other important facilities by the dispersed were borne by the dispersion.

Article 40 provides for the rehabilitation or compensation of buildings, constructions and other facilities that are neighbouring by the demolition.

Chapter IV Corporal punishment

Article 42 violates this approach and the provisions of the Regulations have been imposed on them.

In violation of this approach, the demolition of houses was entrusted by the dispersioner to the extent that they did not have a corresponding structure of the enterprise's qualifications, with the responsibility of the house demolition management to stop the demolition and to impose a fine of up to 2,000 yen.

Article 44 of the valuation of house demolitions in the real estate price assessment institution has been significantly off from market slots, the results of the assessment were null and void, reorganized by the house demolition management and punished by law by the real estate price assessment agencies and the relevant responsibilities. For the parties, the real estate price assessment body should be liable under the law.

Article 42 related sector staff members, while the house demolition management informed the suspension of the proceedings, had left the leave for the dispersion, had been ineffective and had been given administrative disposition by law; constituted criminal liability by law.

Chapter V

Article 46

(i) Dismoval of persons means units that have access to housing demolition permits;

(ii) Demobilization of persons means all persons removed from homes;

(iii) The duration of demolitions, which means the time period for demolitions to be provided for in the home demolition permit;

(iv) The transitional period refers to the time period for the transfer of property rights and for the relocation of dispersed persons from the date of relocation of demolitions to the date on which the property is transferred;

(v) Modalities for demolitions, which refer to the manner in which the evictions were carried out or their own demolitions;

(vi) Removal benefits, which refer to the cost of the relocation grant to the dispersed for relocation;

(vii) Interim settlement allowance means that, in the event of the introduction of the transfer of property rights, the dispersion is not provided with the swing house for the dispersed and, within the transitional period, the relocation of persons to compensate for the cost of renting temporary housing for the disloans;

Article 47 evictions of all houses in the urban planning area shall be governed by law.

Article 48 imposes house demolitions in foreign countries in urban planning areas and requires compensation for the relocation of the dispersed, taking into account the Regulations and this approach.

Article 49 of this approach was implemented effective 1 October 2003.