Jilin Administration Of Urban Housing Demolition Methods

Original Language Title: 吉林市城市房屋行政强制拆迁办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(June 24, 2005 people's Government of Jilin city, the 39th Executive meeting on June 30, 2005, Jilin Municipal People's Government announced the 162th come into force on August 1, 2005) the first to standardize the administrative acts of forced evictions for urban housing in our city, and protect legal rights of parties involved in the demolition to ensure smooth progress of the construction project, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Second city construction Committee on urban housing demolition administration a ruling authority, City urban administrative enforcement Bureau is forced evictions to implement Administrative Department of urban housing.
    Article on State-owned land within the planning scheme area involved, urban infrastructure, social welfare, land purchase and reserve, construction projects such as shanty houses demolition, administrative decisions of the municipal construction Committee, being demolished, the lessee or tenant relocation within the time limit specified in the ruling refusing to move, by the municipal construction Committee applied to the municipal administrative demolition.
    Article fourth demolition party relocation announcement date of expiry of the period between the date of demolition and relocation compensation agreement has been reached on such matters, may apply to the municipal construction Commission ruling.
    Fifth article city construction Committee accepted housing demolition ruling application Hou, must according to following program for: (a) to was applicants served housing demolition ruling applications copy and the reply notice, and told was applicants of right; (ii) audit placed with room, and turnover with room or housing demolition compensation placed funds proved, and housing demolition license, and housing demolition valuation report or experts Assessment Committee identification report, and was demolition housing ownership proved, and demolition party written consultations records,;
    (C) mediation city Party Committee must organize demolition and listened to the views of the parties, on reasonable request of the parties should adopt, shall not make damage to plead because the parties ' representations and the award; (d) demolition parties after mediation fails or refuses to mediate, municipal construction Commission ruled according to law within the statutory time limit. Sixth municipal construction Committee shall be from the date of accepting an application for ruling, in administrative adjudication and issue administrative decisions within the statutory deadline.
    Ruling book should contains Ming following content: (a) applicants and was applicants of basic situation; (ii) dispute of main facts and reason; (three) ruling of according to, and reason; (four) according to administrative ruling application need ruling of compensation way, and compensation amount, and placed with room area and placed locations, and relocation term, and relocation transition way and transition term,; (five) told party administrative reconsideration, and administrative litigation of right and the application reconsideration term, and prosecution term; (six) ruling date and stamped city construction Committee seal.
    Article seventh municipal construction Committee in front of the administrative mandatory minimum, must organize hearings.
    Eighth article city construction Committee to City Government proposed administrative forced demolition application Shi, should submitted following material: (a) administrative forced demolition applications; (ii) ruling mediation record and ruling book; (three) was demolition housing of evidence preservation public certificate; (four) was demolition people rejected housing demolition compensation placed funds of, should submitted housing demolition compensation placed funds of mention save proved; (five) administrative forced demolition hearing records and conclusion sex views. Nineth, construction Committee, municipal people's Government received administrative demolition application, instruct the municipal housing administrative demolition Tribunal for trial.
    On administrative mandatory minimum conditions are met, within 5 working days to entrust the municipal urban Administration Bureau Chief forced relocation. Article tenth City urban administrative enforcement Bureau received municipal people's Government, the Administration forced relocation advice, should be worked out within 3 working days of administrative demolition concrete implementation plans.
    Administrative demolition 15th administrative demolition-related matters should be at the demolition site shall be published.
    11th City urban administrative enforcement Bureau at the time of administrative demolition should be demolished and articles for evidence preservation, and archive the information.
    12th demolition parties in administrative reconsideration or administrative proceedings, does not affect the implementation of administrative compulsory relocation. 13th demolition party which unjustifiably hinder administrative demolition, obstruction of official duties, according to the relevant provisions of the public security management by public security organs will be punished.
    Constitute a crime, criminal responsibility shall be investigated according to law. 14th urban housing authorities and forced evictions to implement staff must strictly abide by these procedures, negligence, malpractice, sanctions by the unit or by the competent departments.
    Constitute a crime, criminal responsibility shall be investigated according to law.
    15th in each County (City) of urban housing removal can be performed in accordance with the measures of administrative enforcement.
                                        16th these measures shall come into force on August 1, 2005.