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Tianjin Urban Housing Units Regulations

Original Language Title: 天津市城市房屋拆迁管理规定

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(Summit No. 83 of 25 December 2006 of the Government of the People of the city of Zenzi, considered the adoption of Decree No. 113 of 30 March 2007 of the Order of the People's Government of the Republic of Oxford, which came into force on 1 May 2007)

Chapter I General
Article 1, in order to strengthen the management of the demolition of homes in the city, to preserve the legitimate rights and interests of the dispersed parties, to ensure that construction projects are successfully carried out, and to establish this provision in the light of the State Department's Regulation on Urban House demolitions (No. 305 of the Department of State Order).
Article 2 implements home demolitions in the State's land within the city's administration and requires compensation for resettlement and the application of this provision.
Article 3. The demolition of urban homes in this city must be in line with urban planning, adaptation to the reform of the urban housing system, the rehabilitation and improvement of the ecological environment in old areas and the protection of monuments.
The management of house demolitions persists in the principle of separation, separation and strict oversight by law.
Article IV. Removals should be compensated for the relocation of the dispersed and the relocation of the dispersed and house tenants shall be completed within the period of relocation.
This provision refers to units that have access to housing demolitions.
This provision refers to all persons who have been removed from homes.
This provision refers to units and individuals that have housing lease relations with the dispersed, including units and individuals that have historically been created and that are actually rented by the demolitions.
Article 5 The Urban Resources and Housing Authority is the administrative authority for house demolitions in the city and is responsible for the organization under this provision. The Urban Housing Demobilization Management Office is responsible for the day-to-day supervision of the demolition of urban homes in the city.
The district, district housing administration sector is responsible for the management of house demolitions within the Territory. The Urban Housing Demobilization Management Office, established under the district, district housing administration, is responsible for the day-to-day management of the demolition of urban homes in the Territory, and is operationally subject to the leadership of the Urban Housing Democtation Management Office.
Sectors such as construction, planning, land, public safety, urban management integrated law enforcement agencies and street offices should be aligned with the management of urban homes.
Chapter II
In practice, the municipal housing demolition authorities are responsible for organizing long-term planning and annual plans for urban home demolitions, with the approval of the city's Government, based on urban planning and economic development.
Management, such as urban construction, development reform, and the relevant districts and counties should work in conjunction with the annual plan for the relocation of urban homes, in accordance with their respective project investment plans.
Article 7 units that dismantle houses must be allowed to leave their homes after they are granted permission for demolition.
Article 8 provides for the acquisition of units for house demolitions and shall submit the following information to the area in which the house is removed and the district housing administration.
(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) Removal of funds from the Bank of the city has been certified.
Article 9. The district, the district housing administration sector shall review the application within 30 days of the date of receipt of a request for housing demolitions. In accordance with conditions, after the approval of the Urban Housing Democtation Management Office, a housing demolition permit was granted by the district, the district housing administration sector, which is incompatible with the conditions and does not grant a housing demolition permit.
Housing demolition permits were compiled by the Urban Housing demolition Management Office.
Removals should pay home demolition management fees in accordance with the relevant provisions of the State and the city.
Article 10. Demobilizing persons shall carry out house demolitions within the period of relocation and demolitions determined by the home demolition permit.
In the course of house demolitions, it was necessary to extend the period of relocation and the removal of the demolitions should be submitted to the district, district housing administration authorities for an extension of the duration of evictions by 15 years of the date of receipt of the request.
Article 11. Demobilization may be carried out by spoilers, or by units that have been granted to the municipal housing demolition authorities (hereinafter referred to as demolition units).
The Municipal Housing Demobilization Authority, the Urban Housing Demobilization Management Office and the District, the District Housing Administration and the District, and the Urban Housing Demobilization Management Office of the District shall not be delegated as a dislocator and no demolition is granted.
Article 12. Demobilization of evictions should be delegated to the authorized removal units and the contract for the removal of evictions should be concluded. The dislocators should, within 15 days of the date on which the contract was delegated, entrust the removal to the contract area, the territorial administration sector.
The dispersed units entrusted may not transfer demolition operations.
The staff of the Unit should be able to carry out demolitions through training studies on legal, operational knowledge.
Article 14. Districts where demolitions are removed and the district housing administration sector should be made public in the form of a home demolition announcement within five days of the date of the issuance of the home demolition permit. The relocation period shall not be less than 15 days.
The dispersed or the dispersed units entrusted by them should be informed, interpreted and interpreted on a case-by-case basis, of the eviction policy of the dispersed, the housing tenants.
Article 15. The range of evictions is determined by the area of territorial administration, which is approved by the State-owned land-use authorization documents.
Any unit and individual shall not carry out the following activities within the scope of the evictions:
(i) Construction, expansion and alteration of homes;
(ii) Changes in homes and land use;
(iii) New housing rental relations;
(iv) The transfer, modification and registration of home ownership and land-use rights.
The district, the district housing administration sector should notify the relevant authorities in writing of the matters listed in the previous paragraph. The suspension of written notice shall contain the scope of evictions, the suspension and the period of suspension. The duration of the suspension shall not exceed one year; the removal will require the extension of the duration of the period, which must be extended beyond one year, with approval by the district, district housing administration.
Article 16 should establish a relocation indemnity agreement with the dispersed. The demolition of rented homes should be negotiated with the dispersed and the home tenants. The relocation indemnity settlement agreement shall not be incompatible with the content of the home demolition announcement.
The relocation indemnity settlement agreement generally includes the following:
(i) The area of construction of houses removed;
(ii) Reimbursement of resettlement;
(iii) Currency compensation;
(iv) The basic situation of the property transfer of homes, including the location, area, floor, prices and the need for the settlement;
(v) Period of relocation;
(vi) Provisional transition and transition period;
(vii) Liability for default;
(viii) Modalities for dispute resolution;
(ix) Other matters to be agreed by the parties.
The demolition of houses run by the Government is governed by law and the relocation indemnity agreement shall be made public by the public evidence and shall be preserved.
The model text of the settlement agreement was developed by the Urban Housing Demobilization Management Office.
Article 17, after the conclusion of the settlement agreement, the relocation of the dispersed, the house's tenant was not completed within the time frame agreed upon by the agreement, and the dispersion could apply to arbitration by the arbitration body or to the People's Court. During the proceedings, the dislocators provided monetary compensation, the transfer of property or the swing house, which could apply to the People's Court in accordance with the law.
Article 18 Demobilization of the relocation agreement with the dispersed or dispersed, the dispersed and the tenant of the house did not leave the settlement agreement for the relocation period published by the Housing Democtation announcement, and the party's application was ruled by the area of the demolition of houses, the territorial administration sector. The district, the district housing administration sector is a dispersed person and is decided by the same-ranking people. Decisions shall be made within 30 days of receipt of the request. Decisions should include the compensation of the way in place, the amount of monetary compensation or the basic conditions for the transfer of property rights, the duration of relocation, the temporary transition, the transitional period, the review and the statute of limitation of proceedings.
The parties may sue the People's Court within three months from the date of the award. In accordance with this provision, the demolitions have provided monetary compensation to the dispersed, home tenants, property transfer or swinghouses, and the execution of demolitions during the proceedings is not stopped.
There was no higher or proportional number of demolition indemnities, and the district and district housing administrations should hold hearings prior to the application of the decision.
Article 19 was not completed during the relocation period under the decision by the dispersed or house tenants, who were reported by the district, district housing administration and the Government of the county, who had been authorized by the Office of the Rule of Law of the People's Government of the District and the District People's Government had tasked the authorities with forced evictions.
Healings should be held before the application of administrative forced evictions by the district, the district housing administration.
The relocation of a dispersed person or tenants was not completed within the time of the relocation provided for in the decision, or the relocation of the district, district housing administration could be applied by law to the People's Court.
In the event of forced evictions, the demolitions should be preserved by evidence to the public evidence authorities on matters related to the demolition of houses.
Article 20 of the demolition involves monuments, military facilities, churches, temples and houses administered by the Government under the relevant laws, regulations and regulations.
Protected buildings have not yet been identified as objects, historical landscape buildings and, where planning conditions permit, are reported to be protected.
Article 21 has not yet completed the transfer of construction projects for the demolition of resettlement, and, with the approval of the construction plan, planning, land administration authorities, the procedures for the relocation of houses should be taken into account in the district, district housing administration. The area, the district housing administration sector should inform the content of a changeed home demolition permit.
Following the transfer of construction projects, the rights and obligations of the former relocation indemnity settlement agreement were transferred to the transferee. The transferee and the transferee shall notify, in writing, the dispersed, the tenants of the house and inform them within 30 days of the date of the contract.
Article 2, paragraph 2, should not be diverted by the removal of funds for the settlement of the house demolition.
The housing administration sector should strengthen the oversight of the use of the relocation indemnity funds and banks that store the relocation and resettlement funds should assist in the supervision of the housing administration.
Article 23 ended the period of relocation and the demolition of the demolitions shall be subject to a certificate of ownership and land-use rights of the recovered demolitions, to the house administration and the land administration sector for the write-off of the registration process; the demolitions have not returned to the homeowner's ownership certificate and land-use certificates, and the relocation of the dispersed persons to a house demolition permit, the relocation indemnity agreement or administrative forced evictions decision, the decision of the People's Court of Administration, and the write-off of tenure and land tenure rights in the housing administration and administration sectors.
Article 24 states that the Office for the Removal of Housing in the city and the district, shall establish a regulatory system for the sound relocation of houses and strengthen the management of information on the demolition of houses.
Removals, demolition units should establish home demolition project files and receive oversight inspections in accordance with the provision of information.
Chapter III Removal compensation
Article 25. The way in which evictions can be compensated can be achieved through monetary compensation or the transfer of housing property.
In addition to article 28, paragraph 2, and article 33 of this provision, the dispersed may choose the means of redress.
Including projects involving national and municipal priority construction are targeted to relocate homes within the same area, and the area of construction is not less than the area of the demolition of houses, with the relocation of home property.
Article 26 provides for monetary compensation for the demolition of homes, and monetary compensation is determined in accordance with the new market price assessment for the construction of general commodities in the area covered by the demolition of houses, which is specified by the city's resources and the housing administration. There was agreement between the parties to remove them, in accordance with their agreement.
Article 27 provides for monetary compensation for the demolition of non-residents and monetary compensation shall be determined in accordance with the real estate market assessment price of the destroyed house; the removal of non-residents in the land shall be determined in accordance with the assessment of prices and land-use rights in the real estate market for the demolition of houses.
Article 28 re-engineering of house titles, the relocation of the dispersion and the relocation of the dispersed should be closed in accordance with the amount of compensation for demolitions and market prices for the relocated homes. The amount of the demolition of houses was determined in accordance with article 26 of this provision; the removal of non-residential homes was determined in accordance with article 27 of this provision.
The removal of subsidiaries from non-farm homes does not result in a transfer of property rights, which is compensated by the dispersion.
Article 29 establishes the area of buildings that are removed from homes in accordance with the following provisions:
(i) The size of the construction area of the rental area as set out in the rental contract for the public house;
(ii) Publicly non-residents, private houses and other houses are determined in accordance with the area of construction as set out in the Housing Title Certificate.
Article 33, Demobilization of public service premises should be rebuilt in accordance with the relevant laws, regulations, regulations and requirements for urban planning, and as the requirements for urban planning cannot be rebuilt in situ, by the dislocators, in accordance with the provisions of regulations, easily rebuilt or paid monetary compensation.
Article 31 dismantled the rental of homes, dispersed persons were removed from the lease relationship with the tenants of the house or were placed by the dispersioners on the house's tenants, and the dispersion provided compensation to the dispersed.
Article III provides for the removal of public rental housing under the Government's prescribed rental standards, and the removal of the lease agreement between the dispersed and the tenant of the house, which is carried out with the replacement of property rights, the property transferee shall continue to be rented by the former tenants and the dispersionee shall re-establish the housing lease contract with the former tenants; monetary compensation shall be implemented in accordance with the following provisions:
(i) The demolition of homes and the relocation of the demolitions, in accordance with 5 per cent of the amount paid by the demolition of houses, is reimbursed by the house tenants in accordance with 95 per cent of the amount paid by the demolitions;
(ii) Dismoval of non-residential homes, and the dispersion has been compensated by the dispersed for the loss of housing tenants in accordance with 20 per cent of the real estate market assessment price of the dislocated houses.
Article 33 dismantled non-public rental houses, and the dispersed were not in agreement with the tenants of the house for the lifting of the lease, and the dispersion of the property rights of the dispersed persons should be carried out. The property transferee's home has continued to rent by the former tenant, and the dispersionee should re-establish the housing lease contract with the former tenants.
Article 34 of the Convention on the Elimination of All Forms of Discrimination against Women, which is not reimbursed by the settlement agreement, may apply to arbitration by the arbitral body or to the People's Court by law.
Article XV provides for the transfer of property rights to be in accordance with the standards of quality security for the State and the city's home.
Article 36 on the removal of property rights is not clear or the whereabouts of the property owner are unknown, and the removal shall be made by the dispersion programme, which shall be carried out after the approval of the district, the district housing administration. The demolitions should be preserved by the public evidence authorities on matters related to the demolition of houses.
Article 337 dismantled houses with mortgage rights, collaterales and mortgages consulted and re-confirmed mortgage agreements on the treatment of mortgage rights and their guaranteed claims, or, after the bonded debt, the dispersal may be granted compensation to the disloans; the collateral and the mortgagee are not in agreement, and the removal of demolitions is carried out in the light of the procedures set out in article 36 of this provision.
Article 338 dismantles temporary buildings that are unconstitutional and exceed the time period of ratification and shall not be compensated; the removal of temporary buildings that do not exceed the time period of ratification shall be duly compensated, except when the approval is expressly not compensated.
Article 39 has not been completed for property transfer, and the relocation of the dispersed and the dispersed, the housing tenants should have a clear transition period in the settlement agreement. During the transition period, the dispersed or the home tenant could arrange for a temporary transition; there was a difficulty in arranging their homes; the removal should provide a temporary transition to the swing house and the temporary transition should have basic living conditions.
The transition period shall be calculated from the date of the closure of the relocation period published in the home demolition announcement and shall be in compliance with the following provisions:
(i) The relocation of property rights to the housing building at multiple levels (1 to 6) shall not exceed 18 months;
(ii) The transfer of property rights to the residential building at the middle (7-11 levels) shall not exceed 24 months;
(iii) The transfer of property to the home building at the highest (12-24 levels) shall not exceed 30 months;
(iv) The transfer of property rights over 25 houses or non-residents shall not exceed 36 months.
Article 40. Demobilization or house tenants themselves arrange for temporary transitions, and the relocation of the demolitions shall pay the temporary settlement grant in the month, paying time from the date of relocation to the date of the transfer. The temporary transition from the swing house provided by the dislocators or tenants of the house was not paid for temporary accommodation benefits.
The dispersed person or the tenant of the house shall pay a one-time relocation allowance for the relocation of the house for the demolition. The relocation of a dispersed person or tenants within the period of relocation may be granted relocation incentives.
Article 40. Demobilizing persons shall not be allowed to extend their transition period, and the swing-in house users should be freed on time.
As a result of the extension of the transition period owing to the responsibility of the dispersed, the replacement of the house or the rental of the house should be increased by one point of temporary settlement benefits from the late month; and the use of the swing house should be paid for temporary settlement benefits from the late month.
Article 42 provides adequate compensation for the damage caused by the demolition of non-residents.
Chapter IV
Article 43 should uphold the principles of legality, independence, objectivity, impartiality and openness. No organization or individual shall interfere with the activities of the destruction assessment and the assessment of results.
Article 44 states that, after the destruction project is established, the removal of the person or the removal units entrusted should send information to the community and the correspondingly qualified real estate assessment body could make the application for the removal assessment operation. The dispersed or the dispersed units entrusted should be subject to the supervision of the public accreditation authority by drawing lots to determine the evaluation body of the evictions project. The assessment body that was signed shall not be less than three.
Article 42 assesses that the results are significantly higher in the new construction of the general commodity market prices in the areas of the house demolitions, and that the district and district housing administrations should require the removal of persons or the licensed removal units to apply for technical recognition to the Committee of Experts on Territorial Price Assessment.
Article 46 removed persons require compensation for their demolitions in accordance with the real estate market assessment, and shall be assessed in accordance with the relevant provisions.
The identification of the continuation of the assessment report by the Committee of Experts on Real estate Price Assessment in Article 47 is the final assessment.
Chapter V Legal responsibility
Article 48 Eighteen persons do not have access to a house demolition permit, to carry out their own demolitions, to be ordered by the district, district housing administration to stop their evictions, to warn, and to dislocate the house building area to a fine of up to $50 per square kilometre.
Article 49 of the demolitions obtained a permit for house demolitions by deceasing means, which was revoked by the district, district housing administration, after approval by the Urban Housing Demobilization Management Office, and the relocation indemnity of more than 3 per cent of the settlement funds.
Article 50 consists of one of the following acts, with the responsibility of the district, the district housing administration to stop the demolitions, to give warning, to corrective action, to compensate for the relocation of 3 per cent of the settlement funds; and, in the event of severe circumstances, to revoke the housing demolition permit after approval by the Urban Housing Democtation Management Office:
(i) Execution of house demolitions, not determined by a house demolition permit;
(ii) The removal of units that are not eligible for house demolitions;
(iii) Oriental extension of the duration of evictions.
Article 50 of the acceptance of the transfer of demolitions by the authorized relocation units, which are redirected by the district, district housing administration, confiscation of proceeds of the conflict, and a fine of up to 50 per cent of the relocation service charged to the contract.
Article 52, which is determined by a statutory procedure, has one of the following acts: the relocation of administrative authorities of municipal houses to the administrative authorities to cease their work on house demolition assessment operations within a certain period of time and to impose a fine of more than 30,000 dollars; therefore, liability should be borne by law for the loss of the removal of the dispersed party; and criminal liability under the law:
(i) A collusion with one party to remove the legitimate rights and interests of the other;
(ii) Inadequate competition, including through high-cost or underestimated requirements, recuperation, malicious pressure;
(iii) Violations of the valuation norms and standards of property;
(iv) The valuation report with false documentation, misleading statements or major omissions;
(v) A number of applications for identification, valid questions;
(vi) Allow others to take advantage of their own activities in the destruction assessment or the transfer and transfer of mandated evictions.
Article 53 includes one of the following acts in the housing administration sector, which is governed by the law by the competent and other persons directly responsible; in the event of serious crimes, constituting criminal liability under the law:
(i) No permit for the removal of nuclear-professional homes and other authorization documents, in accordance with the provisions;
(ii) The granting of a nuclear house demolition permit and other authorization documents do not perform oversight functions;
(iii) No investigation of the offence to which the law should be examined.
Annex VI
Article 54 of the Constitution provides for the regular payment of social benefits and quantitative benefits by the family or the civil affairs sector with the lowest social security treatment in the town, in accordance with the provisions of the housing security in the city, the demolition can be carried out in accordance with the relevant provisions of the Government.
Article 55 of the rules of procedure for hearings in this provision, specific management options for the evaluation of evictions are developed by the municipal housing demolition authorities.
Article 56 provides that the relevant provisions issued by the former city are inconsistent with this provision.
The demolition of house demolitions, which had been preceded by the application of the present provision, was still being implemented in accordance with the elements of the ex-rogation licence.
Article 57 The Honduran Government issued on 5 November 2002 and introduced the Dayzin Urban Housing Democtation Regulation (No. 63 of the 2002 People's Government Order) on 1 January 2003.