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Urumqi Urban Housing Units Management

Original Language Title: 乌鲁木齐市城市房屋拆迁管理办法

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(Adopted at the 14th ordinary meeting of the Government of the Uruz on 12 July 2004 and issued by Decree No. 58 of 2 September 2004 No. 58 of the People's Government Order No. 58 of 2 September 2004, effective 5 October 2004)

Chapter I General
Article 1, in order to strengthen the management of urban house demolitions, to preserve the legitimate rights and interests of the parties to the demolition, to ensure that construction projects are successfully carried out, and to develop this approach, in line with the State Department's Regulations on the Management of Urban Houses and relevant laws, regulations and regulations.
Article 2 implements home demolitions in the State's land in the city planning area and requires compensation and resettlement for the dispersed.
Article 3. Urban house demolitions must be in line with urban planning, which is conducive to the rehabilitation and ecological improvement of the urban areas and the protection of monuments.
Article IV. Demobilizing persons shall be compensated, resettled and placed to the dispersed, in accordance with the provisions of this approach; the removal shall be completed within the period of relocation.
This approach refers to units that have access to housing demolitions.
This approach refers to all persons who have been removed from homes.
Article 5 The Municipal Housing Authority is the administrative authority for the demolition of homes in the city (hereinafter referred to as the administrative authorities for the demolition of houses) and is entrusted by the Office for the Removal of Housing by the municipal housing authorities with the task of administering house demolition management.
Sectors such as urban construction, planning, public safety, business, land resources and administrative integrated law enforcement should, within their respective responsibilities, work together in the management of house demolitions.
Chapter II
Article 6. The units that dismantle the house may be removed after they have access to a housing demolition permit.
Article 7. Applications for a home demolition permit shall be submitted to the administrative authorities for the relocation of homes to the following information:
(i) Applications for demolitions;
(ii) Removal plans and relocation programmes;
(iii) The construction project approval document;
(iv) Building land planning licences;
(v) National ownership of land use authorization documents;
(vi) Financial institutions dealing with deposit operations have proven to be dislocated.
Article 8 Applications for demolitions, relocation plans and demolition programmes should clarify the following matters:
(i) Basic conditions for construction projects;
(ii) The scope of evictions, the way of evictions, the manner of compensation and the duration of evictions;
(iii) The situation of house demolitions;
(iv) It is expected that the area of monetary compensation and the transfer of property will be implemented to compensate for the proposed budget for resettlement funds;
(v) Modalities, transition modalities, transition periods and the number, standards and locations available for transition swing houses;
(vi) Protection measures for housing, greenfields and other facilities to be retained in the context of evictions.
Article 9. The authorities of the municipality shall review the application within 30 days of the date of receipt of the request; and, subject to review, grant housing demolition permits.
Article 10 Removal of homes by administrative authorities should be issued in conjunction with the granting of home demolition permits.
The announcement of house demolitions should contain matters such as the name of the construction project, the demolition, the scope of evictions, the duration of evictions, the demolition of evictions and the release of the demolitions.
Article 11. Demobilization shall be carried out within the period of relocation and demolition determined by the house demolition permit.
The relocation period determined by the housing demolition permit is generally not more than one year. There is a need to extend the period of evictions, and the relocation of the demolitions should be submitted to the municipal housing demolition administrative authorities for the extension of the relocation of demolitions by 15 days of the date of receipt of the extension request for demolitions; and the issuance of the release announcement should be renewed.
Article 12 Demobilization may be removed by themselves or by units eligible for removal.
Article 13. Demobilization of evictions should be delegated to the authorized removal units and the contract for the removal of evictions should be concluded. Removals should be sent within 15 days of the date on which the contract was delegated to the contract for the relocation of municipal houses.
The dispersion units entrusted may not transfer demolition operations.
The municipal housing demolition administrative authorities shall not be allowed to carry out demolitions as demolitions.
Article 14. units and individuals within the scope of evictions shall not be carried out as follows:
(i) Construction, expansion and alteration of homes;
(ii) Changes in homes and land use;
(iii) Rental of homes.
The municipal housing demolition administrative authorities shall notify the relevant authorities in writing of the suspension of the proceedings in respect of the matters listed in the previous paragraph. The suspension of written notice shall contain the period of suspension. The duration of the suspension shall not exceed one year; the demolition will require the extension of the period of time, with the approval of the municipal house demolition administrative authorities, and the extension of the moratorium shall not exceed one year.
Article 15 After the release of the announcement of demolitions, construction work in the area of demolition should cease. The dispersion may preserve the evidence to the public evidence body.
One of the following acts shall apply to the relevant authorities within the time specified in the declaration of evictions:
(i) Changes in the local nature of housing planning without permission from administrative authorities such as urban planning, land resources;
(ii) Changes in the area of housing buildings, changes in the ownership of homes, land-use rights, etc., and are not registered under the provision of authority;
(iii) No registration of a lease contract is required.
In order to meet the required conditions, the relevant authorities should approve and process changes, voucher registration procedures. Removals should be compensated in accordance with changes in the status of post-registration homes.
Article 17 Demobilization and the relocation of the dispersed shall enter into a settlement agreement in accordance with the provisions of this approach.
The demolition of rented homes and the relocation of the dispersed should enter into a relocation indemnity settlement agreement with the dislocated and houseless.
Article 18 House demolitions in the city require the demolition of houses run by the administrative authorities, and the relocation indemnity agreement must be publicized by the public evidence and the preservation of evidence.
Article 19, after the entry into force of the settlement agreement signed by the dispersed party, the removal of the owner of the house and the land-use certificate should be transferred to the removal of the registration process.
Article 20, a dispersed person or a tenant of the house, who rejects the relocation within the time period agreed upon by the relocation settlement agreement, may apply to the Arbitration Committee in accordance with the law and may also be prosecuted by law to the People's Court. During the course of the proceedings, the dispersion may apply under the law to the People's Court for implementation.
Article 21, the demolition of persons and the dispersion of persons or relocations, the dispersed and the house's tenants are not eligible for the settlement agreement and, upon request, the decision is taken by the municipal housing demolition administrative authorities. The relocation of administrative authorities to municipal houses is a dispersed person and is decided by the Government of the city.
The organ responsible for the admissibility of the application of the decision shall send a copy of the application to the applicant and organize a hearing of the decision; the party rejects the hearing without prejudice to the decision. Decisions shall be made within 30 days of receipt of the request.
The parties may sue the People's Court within three months from the date of the award. In accordance with this approach, the dislocators have provided monetary compensation to the dispersed or the provision of demolitions, swing houses, and the execution of demolitions during the proceedings.
Article 23 is not relocated by a dispersed person or by a house tenant within the period stipulated in the decision, and is forced by the Government of the city to remove the relevant sector, or by the municipal housing demolition administration authorities to apply to the people's courts for forced evictions.
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 homes.
Article 24 of the demolition involves military facilities, local defence buildings, churches, temples, monuments and foreign consulate houses, in accordance with the relevant legislation, regulations and regulations.
The relocation of homes requires the relocation of trees, pipelines and other facilities, and the removal shall be made in advance with the relevant authorities or property units and in accordance with the relevant provisions.
Article 25 Removals for house demolitions should be made available to the designated bank accounts as required and all for the relocation of homes without diversion. The administrative authorities for house demolitions should strengthen the monitoring and management of the funds for resettlement.
Article 26 has not yet completed the transfer of construction projects for the demolition of resettlement and should be transferred to the transferee, with the consent of the municipality's house demolition administrative authorities. The transferee shall re-establish an agreement on the payment of relocation indemnity funds with the municipal housing demolition administrative authorities, financial institutions. The transferee and the transferee shall notify the dispersed in writing and inform the transferee within 30 days of the date of the contract.
Article 27 should relocate demolitions within 30 days of the end of the eviction process to the municipal housing demolition administrative authorities to the directory and relevant information.
The municipal housing demolition administrative authorities should establish, improve the management of the demolition of archives.
Chapter III Removal compensation and resettlement
Article 28 should be compensated by the dispersed persons, in accordance with this approach.
The removal of unconstitutional buildings and temporary buildings exceeding the period of ratification are not compensated. The removal of temporary buildings that do not exceed the period of ratification is subject to the approval of temporary buildings for the remainder of the temporary construction period to the amount of compensation at the cost of temporary construction works.
Article 29 allows for monetary compensation or for the transfer of property rights.
In addition to the provisions of article 36, paragraph 2, and article 40, paragraph 2, of this approach, the dispersed may choose the means of relocation.
Article 33 Execution of monetary compensation shall include the following:
(i) Reimbursement, payment modalities, payment period;
(ii) The duration of relocation, the amount of the relocation grant and the period of payment;
(iii) Removal responsibilities and methods of settlement of disputes;
(iv) Other provisions agreed by the parties.
Article 31 provides for the introduction of a transfer of property, and the relocation indemnity agreement shall include the following:
(i) The location of the property transfer, the floor, location, structure, construction area;
(ii) The duration of relocation, the relocation grant and the transition period;
(iii) Interim settlement grant payments, calculations for the suspension of work grants, payment modalities and payment deadlines;
(iv) Time and means of delivery of housing;
(v) The period of settlement of the difference in the value of the property transfer;
(vi) Resolvency and dispute resolution;
(vii) Other provisions agreed by the parties.
Article 32, the use of demolitions, the area of construction, the status of rights, etc., is subject to a certificate of residence; a certificate of residence is recorded as a residence and a non-resident, which is reimbursed separately in accordance with the area of construction used in the home, non-residents; and cannot be distinguished by 50 per cent of the construction area in the home and non-residents.
The area of construction of temporary buildings is recorded in the approval of documents by the municipal planning authorities.
The amount of monetary compensation is determined by the real estate market assessment price, in accordance with the size, use, structure, construction area (with the shared building area of assessment), as well as the size of the building.
Facilities such as telephones, cable television, gas pipelines, installed by demolition houses, should be compensated in accordance with existing installation costs.
Reimbursement for the plantation of trees, flora and greenland by the dispersed were carried out in the light of the relevant provisions.
Article 34, the authorities of the municipal house demolitions should regularly disclose to the community the corresponding level of qualifications and the well-documented relocation of the society for the selection of the parties.
Article XV Removal valuation institutions should be determined by openness, transparency, including by distributors to vote or by the parties to be removed. Following the determination of the relocation evaluation body, the dispersion shall enter into a written separation evaluation award contract with the valuation agency and bear the assessment costs.
The dislocating party contests the results of the assessment and may apply for a review of the valuation in writing to the original evaluation body or otherwise entrust the assessment body. Removal parties continue to oppose the results of the second assessment, which could apply to the organization of expert assessment meetings of the municipal housing demolition authorities to conduct technical identification.
Article 33, paragraph 1, of the scheme, provides for the calculation of the amount of compensation for the demolition of houses and the price of the relocated homes and the removal of the value of the property transfer.
The removal of subsidiaries from non-farm homes does not result in a transfer of property rights, which is compensated by the dispersion.
Article 337 provides for the transfer of property from the dispersioners, which should be consistent with national quality safety standards and design norms.
The dispersion shall not be used for the sale, rental, mortgage or for the liquidation of the property transferable house.
Article 338 dismantles the premises of the public good, and the dispersion shall be rebuilt in accordance with the relevant laws, regulations and requirements for urban planning, or monetary compensation.
Article 39 Demobilization of enterprise production houses should be rebuilt in accordance with urban planning requirements or monetary compensation. The cost of rebuilding more than the amount of compensation is borne by the dislocated businesses.
Article 40 demolitions of rented homes, dispersed persons were removed from rental relations with the tenants of the house or were placed by the dispersioners for the house's tenants, and the demolitions compensated the dispersed.
The removal of the lease relationship between the dispersed and the home's tenants is not in agreement, and the removal of the property rights of the dispersed should be carried out. The property transferee's home was leased by the former house tenant and the dispersed should re-establish the housing lease contract with the former tenants.
Article 40 provides for the destruction of property rights, the existence of property rights disputes or the unaccounted house of property rights and the whereabouts of the owner of the property owner, and the removal of the owner shall be entrusted to the assessment body to submit a compensation settlement programme and to report to the municipal housing demolition administrative authorities for the removal of the demolition. The demolitions should be preserved by the public evidence authorities on matters related to the demolition of houses. After the removal of property rights from the house is clear or the owner's whereabouts, the demolitions should be compensated for the settlement programme.
Article 42 dismantled houses with mortgage rights, in accordance with the State's law relating to security.
Article 43 deadlines for the relocation of homes are determined by consultation between the demolitions and the dispersed. The transition period was calculated from the deadline for demolitions announced in the release announcement and the construction projects were multi-tiered and the transition period should not exceed 18 months; construction projects were high and the transition period should not exceed the period of reasonable work for construction. Demobilization cannot afford to extend the transition period.
The actual transition period for the dislocated or tenants has been calculated from the date of relocation to the date of return.
During the transition period, the relocation of the dispersed and the home tenant was resolved by themselves. The swing house cannot be resolved by the dispersion.
The swing house provided by the dispersed must have basic living conditions such as water, electricity. The swing house shall be free of the swing house on time.
During the transition period, the dispersed, the house tenants themselves resolved the transition to the swing house and the dispersionees should pay for temporary accommodation benefits; the dispersion or house tenants use of the swing house provided by the dispersioners or the disloans, and the dispersioners do not pay the temporary grant.
As a result of the extension of the transition period due to the responsibility of the dispersed, the demolitions should pay the temporary settlement allowance twice as long as the self-response to the relocation of the swing house or the home tenant; and the payment of the temporary settlement grant to the swing house holders.
Article 46 should pay a one-time relocation grant for demolitions or home tenants.
Article 47 relocates to non-residential homes, and the dispersion is compensated for the direct economic losses caused by spoilers during the relocation of property rights.
Article 48 Eighteen municipal housing administrations should determine and publish temporary settlement grants at home market prices and adjust them as appropriate.
Chapter IV Legal responsibility
Article 49, in violation of this approach, does not obtain a permit for house demolitions, to carry out their own demolitions, and is ordered by the municipal housing demolition administrative authorities to stop their evictions, to warn and to destroy the area of house demolitions at a fine of up to 50 square meters per square kilometre.
Article 50 violates the provisions of this approach by deceiving access to housing demolition permits by means of deceasing, by the municipality's house demolition administrative authorities to revoke the housing demolition permit and to compensate for the release of more than 3 per cent of the settlement funds.
In violation of the provisions of this approach, one of the following acts is committed by the administrative authorities responsible for the relocation of municipal houses to stop their evictions and to provide warnings that they can and will be removed to compensate for the imposition of a fine of 3 per cent of the settlement funds; and, in the event of a serious nature, the release of a home demolition permit:
(i) Execution of house demolitions, not determined by a house demolition permit;
(ii) To entrust removal of units that do not qualify for evictions;
(iii) Oriental extension of the duration of evictions.
Article 52 accepts that the authorized removal units violate the provisions of this approach by transferring the removal operation, which is redirected by the administrative authorities responsible for the relocation of municipal houses, forfeiture of proceeds of conflict and fines of up to 50 per cent of the contractually contracted relocation service.
Article 53, in violation of this approach, should be subject to administrative penalties, which are punishable under the relevant legislation.
Article 54 of the practice of relocation of municipal houses in violation of this scheme by providing for the granting of permits for the demolition of nuclear homes and other authorization documents, the granting of a permit for the demolition of nuclear homes and other authorization documents does not perform oversight functions or, in the absence of an offence, the administrative disposition of directly responsible supervisors and other direct responsibilities by law; in the event of serious damage to public property, the interests of the State and the people, which constitutes a crime and is criminally liable by law.
Chapter V
Article 55 of this approach is implemented effective 5 October 2004.