Ningbo Impose Collective Land Expropriation And Implementing Rules For The Regulations

Original Language Title: 宁波市征收集体所有土地房屋拆迁条例实施细则

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(October 20, 2006 Ningbo Municipal People's Government for the 85th General session on October 30, 2006, Ningbo Municipal People's Government released 141th come into force on December 1, 2006) Chapter I General provisions article under the Ningbo impose collective land expropriation Ordinance (hereinafter referred to as the regulations), these rules are formulated.
    Article within the administrative area of the city demolished due to impose collective land and its subsidiary facilities, and compensation and resettlement of the dismantled shall comply with the Ordinance and these rules.
    Third counties (cities), the fourth district people's Government in accordance with the Ordinance the provisions of established or designated agencies implementation of collective land expropriation and, should be the institution with independent legal personality, and consistent implementation of collective land expropriation and within their respective administrative areas.
    Counties (cities), district people's Government shall publish the administrative structure within the establishment or designation of the collective work of all land expropriation institution.
    Article fourth Ningbo economic and technological development zone, daxie, high-tech industrial Park Management Committee in accordance with County permission to implement the regulations and responsibilities relevant to the provisions of these rules, collective land expropriation and management within the region.
    Ningbo economic and technological development zone, daxie, high-tech industrial park land management Department is responsible for the collective ownership of land in the region housing units management and supervision.
    Chapter II section fifth collective land expropriation and demolition management plan approval, the demolisher shall submit the following information: (a) the land programme approval documents; (b) the planned red line in figure (iii) house demolition programme (d) compensation funds or place in room, place in implementation of the document. Sixth house demolition compensation funds should be based on the full project funding budget implementation and project progress stages of demolition in full account storage.
    Placement and relocation on land in real discounts into account.
    Seventh article demolition people to was demolition people announced of demolition compensation placed specific programme should including following content: (a) demolition range; (ii) compensation placed of object and conditions; (three) not compensation placed of case; (four) compensation placed of way and standard; (five) placed with room and relocation with to of arrangements; (six) transition way and term; (seven) relocation term; (eight) land administration sector requirements contains ming of other content.
    Eighth article of the Ordinance mentioned in 13th article of corresponding removal capabilities of other organizations, including: (a) the eligibility of housing demolition demolition unit, (ii) the County (City) and district people's Government approved removal capabilities of independent legal entities.
    Nineth party and dismantled in the demolition notices the relocation compensation within the time limit set, the compensation standard, duration of placement area, relocation, transition, transition periods and other reasons there is no compensation settlement agreement through consultation, to the local counties (cities) for a ruling, district people's Government.
    Tenth Article demolition people application ruling should submitted following information: (a) housing demolition ruling applications; (ii) statutory representative people of identity proved; (three) was demolition housing ownership proved material; (four) was demolition housing of mapping information; (five) was demolition housing of assessment information; (six) on was applicants of compensation placed programme; (seven) applicants and was applicants of consultations records; (eight) ruling organ think should submitted of other information.
    11th demolishes ruling the applicant shall submit the following information: (a) the demolition Award application, (ii) human identity to be demolished and (iii) the ownership certificate of the House to be demolished (iv) reasons for a ruling, and the relevant supporting documents; (v) the arbiter that it should be submitted for additional information. 12th the County (or city) and district people's Government shall award applications received within 5 working days from the date of application and related reviewed evidence, information, make a decision on whether to accept.
    Has following case one of of, not accepted: (a) on by approved of collective all land housing demolition implementation programme proposed objections of; (ii) applicants or was applicants not demolition party of; (three) demolition party reached compensation placed agreement Hou occurred contract disputes, or demolition ruling made Hou, party on same causes again application ruling of; (four) housing has out lost of; (five) was demolition housing belongs to illegal building of; (six) ruling organ think law not accepted of other case.
    13th on the application as inadmissible, decision authority shall within 5 working days from the date of receipt of an application, notify the applicant in writing. Arbiter decides to accept the application, accepting award applications within 5 working days from the date of the application, serve a copy on the respondent. Being the applicant shall from the date of receipt of the copy in the 7th defense to a ruling authority, and submit the relevant evidence, fails to reply, without prejudice to the decisions.
    Award authority shall accept applications within 30th of ruling according to law.
    14th article has following case one of of, County (City), and District Government should suspended ruling and written told party: (a) found need check of facts of; (ii) ruling need to related ruling or court judgment results for according to of, and related case not closed of; (three) as natural of application people death, needed waiting for its near relatives showed that whether participate in ruling of; (four) for force majeure or other special situation need suspended of situation. Suspension ruling of the eliminated, the recovery decision.
    Suspension of time limits are not included in the ruling.
    15th article has following case one of of, County (City), and District Government should end ruling and written told party: (a) accepted ruling application Hou, party both itself reached agreement of; (ii) found applicants or was applicants not ruling party of; (three) as natural of application people death, its near relatives 15th within not said participate in ruling or gave up participate in ruling of; (four) applicants withdrawn ruling application of.
    16th party not satisfied with the decision, you can receive the award within 60 days from the date of application for administrative review, or within 3 months from the date of receiving the award bring administrative proceedings.
    17th land administrative departments shall establish and perfect the relocation file management system, strengthen the management of demolition records.
    House demolition archives including demolished engaged in related approval documents of the housing demolition, relocation plans and programmes and adjusts the demolition, relocation compensation agreements and settlement information relating to the relocation and other archive material which is imposed by the approval documents of the collectively owned land, demolition of compensation programme demolition notices issued and enquiries from the public should be allowed. 18th general provisions chapter III compensation for demolition without legitimate within the context of collective construction land use right certificate or the sources document the ownership of buildings and housing in excess of the approved temporary construction of the term, one must notice in the demolition and removal of the relocation within the time limit set, without compensation.
    Fails to dismantle and illegal buildings torn down according to law.
    Qian paragraph by said of housing ownership source proved file including: (a) housing ownership card; (ii) rural villagers building approved file; (three) village collective construction with to approved file; (four) is February 13, 1982 State village building with to Management Ordinance purposes Qian built of housing of, needed village Committee issued and by Xiang (town) Government, and subdistrict offices verified of proved file; (five) County (City), and district land, and planning administration sector law issued of other proved file. Article 19th demolishes the houses to be demolished shall be ownership and compensation and resettlement areas in the context of relocation be publicized without public notice, not as a basis for compensation.
    Publication time in 10th.
    Public notice period, publicized dispute, objection may be submitted to the local land, planning and administration, relevant departments shall be verified and shall be confirmed house ownership and compensation and resettlement areas.
    20th article demolition housing need price assessment of, land administration sector should will demolition compensation assessment project to social for announcement, by has statutory qualification of real estate assessment institutions in provides term within registration, and in demolition people and was demolition people representative of public supervision Xia from meet conditions of real estate assessment institutions in the random produced a home assessment institutions, by demolition people and assessment institutions signed delegate assessment agreement; assessment by needed costs by demolition people bear. Assessment bodies shall advise their clients were assessed according to the contract the overall valuation of housing report and individual reports.
    Valuation report must be approved by a registered real estate appraiser or land valuer signature and seal of the rating agencies. Article 21st names of real estate appraisal agency should be dismantled, assessment factors, evaluated, assessed value and other major publicity throughout the demolition, subject to public supervision.
    Publication time in 10th. Demolition party disagrees with the results of the assessment, should be assessed within the publication period to the original agency a written request for review, the original assessment agency shall, within 5 working days after receiving a written request issued by the review results in writing; parties against the results of the review are still objections, to lands in the 10th after receiving the review results in writing by the Administrative Department for a ruling. Award Department accepting applications, but drew attention to the real estate appraisal to identify findings the Committee of experts, the real estate appraisal of appraisal conclusions as evidence of the ruling issued by the Committee of experts.
    Award Department shall accept date of 30th in the written ruling. Rehousing by article 22nd demolished housing delivery should be in line with national and provincial design requirements and quality standards required by the specifications and provisions for copyright registration record card.

    23rd article was demolition people select currency placed of, from made compensation funds of day up 5 years within in this county (City), and district administrative within purchase placed housing (which was split housing in Haishu district, and jiangdong district, and, Jiangbei district, administrative within, was demolition people in Haishu district, and jiangdong district, and, Jiangbei district, administrative purchase placed with room) of, can arrived buckle currency placed compensation funds matching part of housing deed.
    Fourth chapter compensation and arrangement for residential and non-residential premises 24th counties (cities), the district people's Government shall, in accordance with the overall land use planning, town planning, village or town planning requirements, appropriate move and placed within their respective administrative areas and to the public. Should be released by the House to be demolished in the move and placed within the land, meet the conditions for land application to be demolished can choose to move and place.
    Select move and placed, you cannot select the other way.
    25th article demolition residential with room applies low limited placed standard Shi, has following case of, should merged calculation its housing area: (a) was demolition people another has collective land residential with room of (including original collective all land residential with room in February 13, 1982 State village building with to Management Ordinance purposes Hou has sold, and gift or analysis produced of); (ii) to Homestead approval form made State-owned land residential with room of;
    (C) the dismantled family has permanent residency, and actual living population of two or more persons, and all property belongs to one person or several people. Low limits placed 26th in line with standards to be demolished shall be demolished to obtain and fill out the lower limit of the standard application form for placement. Application form for the village (neighborhood) Committee signed comments, and report to the town (village) Governments, neighborhood offices after examination by demolisher be publicized throughout the demolition.
    Public notice period of not less than 10th.
    Public notice period, disagrees with the content of publicity, put forward by opposition to the demolition, removal shall be verified.
    27th article 28th of the regulations the lower limit of resettlement criteria, relocation of people in Haishu, jiangdong, Jiangbei district, established in accordance with an area of 30 square meters per capita per household and other counties (cities), the low placement of the district standards by other counties (cities), the district people's Government is determined and published.
    Cities and counties (cities), according to local economic and social development of the people's Governments adjust to the low placement standards.
    28th 30th article of the Ordinance in part (c), article 31st announcement last month, the average price of commercial housing demolition city, County (City) and zhenhai, beilun district, yinzhou district, price, land determination published, real estate administrative departments be demolished housing site and places with similar levels of the average price of commercial housing.
    30th article of the Ordinance (d) provided with delivery is the average price of commercial housing placement month city and County (City), and beilun, zhenhai district, yinzhou district, and the price determination, land, real estate administrative departments publish similar houses with lots of places with similar levels of the average price of commercial housing.
    For market reasons, cannot measure the local price, land, real estate administrative departments to be demolished housing site and places with similar levels of the average price of commercial housing, County (City) and district people's Government should be announced before the end of March each year places housing market price as the average price of commercial housing.
    29th article Ordinance 30th article subsection (ii) items, and 31st article first paragraph subsection (ii) items by heavy reset price combined into new again increased of proportion, was demolition Housing Department brick mixed, and steel mixed structure of, in Haishu district, and jiangdong district, and, Jiangbei district, one or two, and category IV lots of by 200%, four level lots yiwai of by 150% calculation; was demolition Housing Department other structure of, Haishu district, and jiangdong district, and, Jiangbei district, one or two, and category IV lots by 300%, four level lots yiwai of by 250% calculation.
    Demolition of houses in other counties (cities), in the administrative area of the combined replacement value into a new increase in proportion from other counties (cities), the district people's Government is determined and published.
    Article 30th 31st of the first paragraph of section (c) relocation residential premises increased in specific proportions of compensation funds, housing to be demolished within the Haishu, jiangdong, Jiangbei district, according to 5% calculations in other counties (cities), in the administrative area, other counties (cities), the district people's Government is determined and published. 31st demolition and residential premises, the demolisher provides transitional housing, no longer pay interim fees.
    Demolish over relocation compensation agreements of the transition period does not provide housing, besides providing transitional housing, but also shall be overdue according to the required standard to be paid from the month of temporary transitional allowance. Implementation of transfer placement and transition from a dismantled on its own premises, relocation shall, apart from the housing relocation between the month of placement with 4 months after the month of delivery according to the required standard to pay interim fees.
    Demolish over relocation compensation agreements of the transition period does not provide housing, shall be overdue twice times the pay of the month according to the required standards of temporary transitional allowance.
    Money placement or relocation places and by the dismantled themselves transitional housing, the demolisher signed relocation compensation and resettlement agreement shall cover the relocation costs paid on a standard 6 months from the month of temporary transitional allowance. Article 32nd demolition of non-residential premises monetary settlement, according to the local real estate market evaluating price compensation, its currency, the amount of compensation assessment determined by the real estate agency market comparison method.
    Due to lack of market transaction case cannot be based on market comparison method, using cost method of valuation for assessment.
    Article 33rd demolition of non-residential buildings, demolished in accordance with the regulations to pay monetary compensation funds, demolishes houses need easy, requires land and transitional housing was demolished by itself.
    34th demolished in accordance with the regulations and the provisions of these rules to be demolished after the resettlement compensation, demolishes all the old material of demolished houses.
    The fifth chapter supplementary articles article 35th of the counties (cities), the district people's Government in accordance with the Ordinance and these rules, the development of these counties (cities), impose collective land expropriation and compensation and resettlement implementation, and report to the municipal people's Government for the record.
    36th article Ordinance 48th article in the by refers to of temporary transition subsidies fee, and moved subsidies fee, and decorative compensation fee and demolition non-residential with room one-time economic subsidies fee of standard and meter sent approach, in Haishu district, and jiangdong district, and, Jiangbei district, administrative within of, by city price administrative competent sector with land administrative competent sector determination announced; in other administrative within of, by local price administrative competent sector with land administrative competent sector determination announced. 37th article of the rules come into force on December 1, 2006.
                                                            As of May 15, 2000 of the city construction in Ningbo requisition of collectively-owned land expropriation and management regulations repealed simultaneously.