Interim Measures For Collective Land Expropriation And Management In Jilin City

Original Language Title: 吉林市集体土地房屋拆迁管理暂行办法

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(February 16, 2006, people's Government of Jilin city, the 51st Executive meeting by people's Government of Jilin city, February 16, 2006 to 171th announced since March 25, 2006) first to strengthen the collective land expropriation and management, maintain the legal rights of parties involved in the demolition to ensure construction projects proceed smoothly, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article and within the development zone in the city, on the land for urban construction in the collective implementation of housing demolition of, these procedures apply.
    Third, collective land expropriation and relocation management is responsible for the relevant work. City demolition management body responsible for collective land house sites and occupation within the boundaries of collective housing and appendages, attached on the ground substance, such as relocation management. Its main functions are: (a) collective land expropriation (postponed) ISSUANCE OF NOTICE, demolition and determine the scope and duration of demolition of issued demolition notices.
    Demolition compensation placed programme of review; (ii) demolition delegate contract of record and yet completed demolition compensation placed construction project transfer of management; (three) demolition compensation placed funds of regulatory; (four) demolition ruling; (five) illegal demolition behavior of investigation; (six) demolition units of management; (seven) legal, and regulations, and regulations provides and City Government delegate exercise of other duties.
    Development and reform, land and resources, planning, real estate, industry and commerce, the city administration and other departments, collective land and houses the seat of the district and township (town) people's Government, the streets, the village (neighborhood) committees, coordinate the collective land expropriation and job. Fourth Party had to be demolished in accordance with these regulations on compensation and resettlement.
    To be demolished must be moved to complete the relocation within the time limit. Fifth article units need demolition collective land housing and the appendages, and ground attached real, of, should to city demolition management institutions submitted following information: (a) demolition application; (ii) construction project approved file; (three) with to approved file or land resources sector issued of related file; (four) planning approved file or planning sector issued of related file; (five) demolition compensation placed programme; (six) placed with room or demolition compensation placed funds has full storage of proved file; (seven) legal, and
    Regulations and other relevant information.
    City demolition management body shall within 5 working days from the date of receipt of the application, for eligible projects, granting collective land expropriation notices.
    City demolition management agencies should be set out in the notice of the demolition man, demolition range, duration of demolition and other matters shall be published.
    Demolition if the sixth collective land, the demolition of compensation and rehousing schemes drawn up by the party, city demolition management authority for approval before implementation.
    When you occupying land of carrying out demolition and relocation compensation and rehousing schemes drawn up by the party, by the township (town) people executed after the review and approval of the city demolition management agencies.
    Article seventh relocation compensation and rehousing schemes should include: (a) the proposed units within the housing and appendages, and fixtures such as census, measurement and protection of funds; (b) the demolition plan, demolition time; (c) the relocation compensation and duration of the transition (iv) property rights exchange the place of relocation, housing standards, installation time, and so on.
    After the eighth planners determine collective relocation of land boundaries, boundaries the city demolition management in accordance with the plan approved by the demolition approved demolished and according to actual dismantlement period approved. Notice of removal must be demolished within a determined range of demolition and relocation period, implementation of demolition.
    Demolition limits need to change, the demolisher must go to the Planning Department for a change, and after change of scale removal of demolition.
    Need to extend the removal period, the demolisher prior to 15th the time of demolition, postponed demolition application to city demolition management agencies; the city postponed demolition applications received demolition management should respond within 10th of.
    Nineth qualification must be entrusted with the article demolition demolition demolition of the entity, issued instructions to the mandated demolition unit, made the demolition contract, and demolition, demolition, contract management agency records.
    Mandated demolition unit shall not transfer the demolition business.
    Personnel involved in the relocation work, required to adopt laws and regulations and professional knowledge training, induction.
    Tenth article since demolition announcement released of day up, demolition range within of units and personal, shall not for following activities: (a) new, and expansion, and alterations housing and the appendages, and ground attached real, and decoration decorative,; (ii) new planting athletes, and forest, and other cash crops,; (three) change housing and land uses; (four) rental housing, and land; (five) new batch Homestead and other construction with to; (six) handle business license. City demolition management should the matters listed in the preceding paragraph, notify the authorities suspending the relevant formalities. Written notice of suspension shall include the period of suspension.
    Period of suspension shall not exceed 1 year.
    Within the period of suspension, the matters listed in the preceding paragraph, when demolition is not identified and compensation. 11th the relocation announcement, the demolisher and dismantled in accordance with the regulations, compensation and the amount of compensation, rehousing space area and location, relocation, relocation transition and transition period as the period, liability issues, signed relocation compensation agreements.
    Compensation settlement agreement model produced by the unified city demolition management agencies. Demolition of rental housing, the demolisher signed relocation compensation agreements should be dismantled.
    The original lease contract have agreed, their agreement shall prevail. Dismantled after the relocation compensation agreement entered into with the party, must be demolished by land, housing ownership certificates to demolition man, the demolisher on collective land expropriation notices to relevant departments for cancellation after registration, can be implemented only removed.
    All relevant departments shall from the date of receipt of an application completed in the 15th.
    12th demolition compensation agreement, dismantled or the lessee during the term of the relocation refused to move, the demolisher can legally apply for arbitration to the arbitration body or to a people's Court according to law. 13th demolished and dismantled or demolished, demolition man and the lessee no compensation settlement agreement, by the party applying for the municipal relocation management award.
    City demolition management body shall from the date of receipt of the application in the 30th to make a ruling.
    14th article has following case one of of, not belongs to demolition ruling of accepted range: (a) applicants or was applicants not demolition party of; (ii) demolition party in demolition range yiwai and others occurred interests disputes of; (three) housing and the appendages, and ground attached real, has out lost of; (four) ruling made Hou, party on same disputes again application ruling of; (five) violation other legal regulations caused disputes of.
    15th to be demolished or tenant relocation does not move within the time limit specified in the ruling, administrative law enforcement departments according to law by the city administration forced relocation, demolition Management Agency shall apply to the people's Court, or city demolition.
    Before implementing the forced relocation, demolition and related matters shall be the demolition of houses, the notary evidence preservation.
    Administrative demolition procedures refer to the Jilin city administrative compulsory measures for the demolition of housing (municipal 162th order) of the relevant provisions.
    Administration the costs incurred by forced demolition, borne by the demolition.
    16th due to expropriation and blocking out collective compensation standard of land expropriation of collective-owned land, and processed by the Department of land and resources.
    Demolition of illegal buildings, exceeded the approved duration of a temporary building, its occupants during the relocation period refused to move, and punishment according to law and administrative law enforcement by the city to be torn down. 17th have not finished building relocation compensation and resettlement project transfer, relocation, must be approved by the city administration, the original compensation settlement agreement relating to rights and obligations with the transfer to the assignee.
    The assignor and the assignee shall be notified in writing of the project to be demolished, and the 30th as from the date of the signing of the contract of assignment should be publicly announced.
    18th perform demolition and relocation compensation and resettlement funds must be used for relocation compensation, account stores, and by city demolition management supervision and shall not be appropriated for other purposes.
    19th legitimate housing demolition, removal shall be in accordance with this regulation, to be demolished to give compensation.
    House to be demolished compensation basis, demolishes houses, land ownership certificate shall prevail. The construction area of the House to be demolished, structure, usage, and set out to house ownership certificates shall prevail.
    Certificate of house ownership records are not clear, and is subject to housing archives.
    Relocation within the suspension period, dismantled legal building procedures have been made but have not yet completed the construction of housing, shall immediately stop building to be demolished, building housing, compensation for demolished based on the evaluation results. 20th land and fixtures on the ground outside the imposing House from demolition are to be demolished to pay compensation fees.
    Specific compensation according to relevant regulations. Within the scope of collective land in villages, occupied the ground attachment, compensation for paid for by the party to be demolished.
    Specific compensation developed separately by the municipal authorities.
    Homestead land use, areas with land ownership certificate mark or whichever is the legal contract marked.
    21st article demolition illegal building, and over approved term of temporary building or in approved file in the contains Ming city construction need Shi unconditional demolition of built (frame) built real, and has built new homes should demolition and not demolition of old room, and in demolition suspended term within was demolition people for housing and the appendages, new, and alterations, and expansion or decoration decorative part and new planting of athletes, and forest, and other cash crops,, not placed or compensation.
    Removal does not exceed the limit for temporary buildings, in accordance with its area of replacement value in combining the remaining compensation period.
    Collective land illegally for construction building (structures), cultivation of young athletes, such as trees and other cash crops, no rehousing or compensation.
    22nd article except for the following cases, people can choose to be demolished housing property rights Exchange, you can also choose monetary compensation. (A) national, and province, and Municipal Government determine of city based facilities construction and the shantytown transformation project; (ii) demolition housing appendages, and compensation range within of ground attached real, and athletes, and forest, and other cash crops,, implemented currency compensation; (three) except this paragraph fifth items provides case outside, was demolition people and housing tenant people failed to lifted rental relationship, and on demolition compensation placed views inconsistent of, implemented housing property replacement; (four) was demolition housing of total property people on demolition compensation placed views inconsistent of,
    Introduction of housing property rights Exchange (v) demolished engaged in special (ad hoc) units or individuals of non-residential housing, monetary compensation not termination of lease relations, monetary compensation by city demolition Management Agency for deposit and withdrawal, and executed in the 31st article of these measures.
    23rd of monetary compensation, according to the House to be demolished reset into the new price, the dismantled House decoration and Homestead regional compensation price assessments to determine the amount of compensation.
    House accessory attachment, compensation within the scope of the ground, and assessments to determine the amount of compensation.
    Date of value are subject to collective land expropriation and date of issue of the notice.
    Relocation compensation amount has been agreed by the parties, is not evaluated.
    Article 24th property rights Exchange, demolished and dismantled in accordance with the first paragraph of this article 23rd settlement House to be demolished and replaced by housing post, and reimbursed by the party to be demolished. For housing property rights Exchange auction, demolition man and dismantled in signed relocation compensation agreements must indicate the location and with the replacement of the floor plan of the House (urban infrastructure at the national, provincial and municipal governments to determine the construction and slum projects).
    Plan shall identify the depth, size details like Bay. 25th demolished without compensation settlement agreement to compensate the homes to be demolished over area part of the agreement the attached plan indicating the size, people do not bear the cost of new areas to be demolished, demolishes all property rights.
    Less than smaller or larger area of the agreement from demolition in accordance with place to place point real estate market in the form of monetary compensation to be demolished. 26th to be demolished or tenant move out date to the date of delivery of property rights Exchange House, dismantled, or lessee of the transition period.
    For a transitional period: 6 levels should not exceed 18 months, above level 7 18 below shall not exceed 24 months, 19 more than not more than 30 months (all contain this). 27th property rights Exchange housing procedures by removal shall be responsible for and completed within 90 days after the dismantled homes.
    Apply for housing taxes in accordance with the following provisions: (a) equivalent to the amount of compensation is houses to be demolished part of the cost borne by the demolition, (ii) exceed the amount of compensation is houses to be demolished part of the cost, borne by the demolition. 28th removal assessment agencies adopted by parties involved in the demolition demolition mobilization Conference draw established, selection, etc. Party shall assess the institutions identified in the 3rd, entered into an agency evaluation contract.
    Assessment of costs paid by the party. Demolition party disagrees with the results of the assessment, in the 5th since the assessment was informed, other assessment agencies entrusted with the removal assessment qualification review assessment fees paid by the client.
    Demolition parties to choose different assessment bodies, assessment of allowable error in the range of 3%. Demolition party disagrees with the results of the assessment, not commissioned to reassess or that cannot be resolved through consultation, 5th since the assessment was informed the city demolition management agency within a written application, specified by the municipal demolition management bodies of professional and technical personnel to make identification. City demolition management agencies to identify the results as a basis for decisions. Costs borne by the assessment is incorrect, assessments duly certified by the applicant.
    Fails to submit a written application, as no objections. 29th demolition evaluation agencies must be in accordance with the relevant provisions of article assessment, issue a valuation report to assess clients and has an obligation to explain to the parties involved in the demolition valuation basis, the process of selection of the method of evaluation results.
    Relocation appraisal institution should complete the assessment within the 3rd, valuation report will be submitted to the municipal demolition management agency records.
    Article 30th eligible relocation and demolition assessment agencies, announced to the public on a regular basis by city demolition management agencies. 31st demolition without proof of title, title missing, temporarily unable to research property or property rights, the right to housing of the proceedings, removal shall present a compensation and rehousing schemes, reported to municipal authority for examination and approval of demolition demolition.
    Before the relocation, demolished a House to be demolished should be preservation of evidence relating to matters to the notary.
    Demolition men cannot inform the demolisher, through the city's major media announce announcement for a period of 60 days.
    Mortgage of the 32nd with the article demolition of houses, lands, in accordance with the relevant national security law enforcement. Order 33rd units residential housing (with valid building housing title certificate or approved documents) plan hair removal allowance and temporary resettlement (including heating allowances). Monetary compensation, relocation allowances only. Relocation allowances a one-time issue, 400 Yuan per household; temporary resettlement (including heating allowance) calculated according to the floor space of buildings to be demolished, 6 Yuan a month per square metre.
    Payments by recipients to be demolished. Demolition should press compensation settlement agreement, pay for the subsidy. Fails to be demolished to complete the relocation by the relocation of the Agreement deadline, every 2 days keep a 1-month temporary resettlement, but shall not withhold more than 3 months (including the number) of temporary resettlement.
    Forced evictions and, not to be granted the allowance.
    Not complying with the agreement to complete the relocation relocation deadline set and by the party responsible for the relocation of no removal allowance.
    By demolition man's responsibility to extend the transition period, demolished the late month, per square meter floor space of buildings to be demolished 12 standard monthly payment of temporary resettlement (including heating allowances). 34th demolition non-residential houses, demolished according to equipment disassembly, transport removal subsidy costs to pay for expenses incurred; by the party responsible for the relocation, no payment of relocation allowance.
    Unable to recover the use of equipment, facilities, should follow the combined replacement value into a new, determined by assessment of the amount of compensation.
    Demolition resulted in layoffs, closure of non-residential housing, relocation of people should be the implementation of property rights Exchange was demolished, within the transition period stipulated in the agreement, monthly payments are compensation for demolished houses to be demolished suspend compensation fee amount of 8 per thousand.
    By demolition man's responsibility to extend the transition period, demolished the overdue as of the month of monthly payments were demolished houses to be demolished suspend economic compensation 1.2% compensation.
    Fails to be demolished to complete the relocation by the relocation of the Agreement deadline, no removal allowance, each more than suspend compensation withheld 5 days 1 month fee, but shall not withhold more than 3 months (including the number) to suspend economic compensation.
    Forced relocation, no removal allowance, and to keep a 6 month production, cessation of economic compensation.
    35th units following non-residential housing, not to suspend compensation: (a) monetary compensation or one-off housing property rights Exchange; (b) the demolition of the former has been discontinued, cessation and (iii) agrees to be demolished by the demolition to provide swing space; (d) as otherwise provided by laws and regulations.
    36th article this way to 33rd, 34th article of the monthly payments of less than half a month, calculated at half a month; more than half a month, calculated per one month.
    The 37th article violates this article approaches its fifth without notice of collective land expropriation, demolition of unauthorized implementation, by city demolition Management Department be ordered to stop the demolition, given a warning and a fine of 10,000 yuan to 30,000 yuan.
    38th article has following behavior one of of, by city demolition management sector ordered stop demolition, give warning, and at 10,000 yuan to 30,000 yuan fine; plot serious of, recovered collective land housing demolition notice: (a) to cheat means made collective land housing demolition notice of; (ii) not by collective land housing demolition notice determine of demolition range implementation demolition of; (three) delegate not has demolition qualification of units implementation demolition of; (four) unauthorized extended demolition term of.
    39th entrusted the demolition violates these rules, unauthorized transfer of demolition business, by city demolition Management Department ordered corrective action, and a fine of 10,000 yuan to 30,000 yuan.
    40th party not satisfied with the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 41st, demolition, demolition party refuses to accept the decision of the regulatory body, he may, within 3 months from the date of service of the decision to the Court.
    Demolished in accordance with the provisions of this approach have been dismantled to give monetary compensation or resettlement, of the working space provided, do not stop execution of the demolition during the proceedings.
    42nd the following terms shall have the meanings herein: the demolisher: refers to the approved by the law or is imposed by occupying land units.
    To be demolished: refers to housing and housing to be demolished appendages, land, land owners such as attachments.
    Removal deadline: refers to the removal and dismantling period and the period.
    Housing appendage: refers to the approval by the Planning Department, matching with the main functions of the premises of the building (structure).
    Floor fixtures: refers to housing and housing to be demolished appendages other than wells, pipelines, canals, barns, poultry houses and other buildings (structures).
    43rd State for expropriation or occupy land relocation compensation otherwise provided, from its provisions.
    The 44th article of the approaches implemented by the municipal relocation management.
                                                      45th these measures shall come into force on March 25, 2006.