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Urban Housing Units Management

Original Language Title: 济南市城市房屋拆迁管理办法

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(Adopted at the fourth ordinary meeting of the Government of the Overseas Territories, held on 14 July 2003 by Decree No. 208 of 12 August 2003 on the date of publication)

Chapter I General
Article 1 ensures that construction projects are successfully carried out in accordance with the State Department's Regulations on Urban House demolition Management, the Urban Housing Demobilization Management Regulations in the Province of San Orientale province, and that this approach is developed in conjunction with the current city.
Article 2, State-owned land demolitions in the city planning area, require compensation and resettlement for the dispersed and the application of this approach.
Article 3 of this approach refers to units that have access to housing demolition permits in accordance with this scheme.
This approach refers to all those who have been removed.
Article IV. The demolition of persons shall be compensated for the relocation of the dispersed under the provisions of this scheme; the removal shall be completed within the period of relocation by the dispersion, the demolition of the house's tenants and other units and individuals occupying the house.
Article 5 FIDH's Office for the Development of Democracies (hereinafter referred to as the Ministry for the Development of Democracies) is the home demolition authority in the city and oversees the relocation of urban homes in the city area.
Sectors such as planning, land, housing, public safety, business, prices, urban management integrated law enforcement should be managed in collaboration with the municipality to develop the management of house demolitions.
Chapter II
Article 6. Construction units shall be subject to the planning authority's nuclear-protected land planning licences and accompanying maps, annexes, and requests for removal freezes for the development of demolitions in the city.
The municipal development of demolitions should be reviewed within 10 days of receipt of the request; in accordance with the conditions of the freeze, by the Municipal Development of Democracies. From the date of the issuance of the freezing notice, units and individuals within the freeze shall not carry out the following activities:
(i) New construction, expansion and alteration of homes and their dependents;
(ii) The sale, exchange, grant, rental, mortgage, assessment and separation of house rentals;
(iii) Changes in homes and land use;
(iv) The registration of business and business registration units, and the registration of legal persons belonging to social groups.
The municipal development of demolitions should inform the relevant authorities of the suspension of the proceedings within the time period of the freeze.
Article 7. Removal freezes shall not exceed six months for a maximum period of time; construction units have obtained a home demolition permit within the time of the freeze, which is automatically extended until the date of the closure of the relocation period; and construction units at the time of the time of the freeze do not have access to a home demolition permit, and the removal of the relocation freeze itself.
Article 8. The construction units shall apply for home demolition orders and shall submit the following information to the municipal development of demolitions:
(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 compensation for financial institutions dealing with deposit operations and support fund certificates;
(vi) Property transfer and placement certificate.
The Urban Development Demobilization Unit should review the application within thirty days of the date of receipt of the request; and, as a result of the review, grant housing demolition permits.
When construction units obtain a home demolition permit, demolitions can be carried out.
In parallel with the issuance of home demolition orders, the LDA should issue a notice of demolitions within the context of evictions, which will be made public, including demolitions, demolition enforcement units, removal deadlines, relocation deadlines and relocation date.
Article 10. Removals must be relocated in accordance with the scope of evictions and the duration of demolitions, as stipulated in the home demolition permit, without undue change in the scope of evictions and extension of the duration of evictions.
There is a need to extend the period of evictions, and the relocation of the demolitions shall apply to the commune development of demolitions by reaching XV hours before the expiry of the period of evictions; and the municipal development of demolitions should be answered within 10 days from the date of receipt of the request.
Article 11. The dispersion may entrust the acquisition of units of a housing demolition certificate issued by the Municipal Development of Democracies (hereinafter referred to as demolition units) to carry out demolitions or to destroy themselves.
Removals should be delegated to the dislocated removal units and the contract for dismantling was established.
The dispersion units entrusted may not be transferred.
Article 12 Persons involved in the demolition of evictions within the relocation units (hereinafter referred to as dislocating staff) should be able to engage in evictions through training for the dismantling of business knowledge, prequalification, access to the post-removal staff issued by the Urban Development Demobilization Unit.
Article 13, by the deadline for relocation provided for in the declaration of demolitions, the relocation of the dispersed and the dispersed should establish a settlement agreement in accordance with the provisions of this approach.
The demolition of houses that are rented by the agreement, and the dispersion of the house's tenants do not reach agreement on the lifting of the lease relationship, and the relocation of the dispersion agreement shall be concluded with the dispersed, house tenants, and the removal of public housing rented according to the Government's standard of rent, and the relocation of the dispersion agreement shall be made with the dispersed and the tenants.
The relocation period agreed upon by the Removal Restitution Agreement shall be until the closure of the relocation period determined by the release announcement.
Article 14. After the conclusion of the settlement agreement, the relocation of the dispersed person or the tenant of the house was denied the relocation within the period agreed upon by the agreement, and the dispersion could apply to the Arbitration Commission in accordance with the law and may also be prosecuted by law to the People's Court. During arbitration or proceedings, the dispersion may apply under the law to the People's Court for implementation.
Until the closure of the relocation of the dispersed and the tenant of the house was established by the eviction announcement, the parties could submit written decisions to the Municipal Development of Democracies in accordance with this approach. The application shall be made no later than the third day after the date of relocation.
Article 16 shall transfer a copy of the application of the decision to the applicant within three days of receipt of the application. The applicant shall submit a letter of reply to the ruling authority within five days of receipt of a copy of the application. The applicant was not submitting the letter of reply without prejudice to the conduct of the decision.
Article 17
The parties may sue the People's Court within three months from the date of the award. In accordance with this approach, the demolitions have provided for compensation, resettlement or the provision of swing houses for the dispersion, house tenants, and the enforcement of decisions within the limits of the proceedings and during the proceedings.
Article 18 was removed by dislocators, house tenants who had not been relocated within the period of relocation provided for in the decision, by forced evictions by the Urban Development Demobilization Unit with sectors such as public security in the city, or by the Municipal Development of Demobilization Applications for forced evictions by the People's Court.
In violation of the construction and temporary construction uses remain unlocated after the date of relocation, and forced evictions are carried out by the Municipal Development Democracies and other sectors such as municipal public security.
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 19 covers military facilities, churches, temples and monuments, and is governed by the relevant laws, regulations.
Article 20 house demolitions and their subsidiaries are dismantled by dispersion organizations and is responsible for the handling of housing, roads, constructions such as greenfields and facilities residues and urban sanitation.
Article 21 Demobilization shall apply to the development of demolitions in the city within thirty days of the expiry of the period of evictions. The municipal development of demolitions should be collected within five days of receipt of the request. Recipient receipts are sent to the Municipal Development Demobilization Office for the Emission of Removal Emissions. The inspection was not qualified and the time limit for the development of demolition orders in the city was changed.
The construction of construction projects that do not have access to the clearance of eligible cards and the construction of management is not permitted to proceed with the start-up of new construction works.
The second article shall be free of charge from the date of 15 days of the date on which the distributor will be obtained, with a licence for house demolitions and the removal of the licensee, and to the processing of the home write-off procedures by the municipal housing administration.
Article 23 has not yet completed the transfer of construction projects for the settlement of relocation indemnity, which should be transferred to the transferee, with the consent of the municipal development of evictions. The transferee and the transferee shall notify the dispersed in writing and inform the transferee within thirty days of the date of the contract.
Article 24 Reimbursement funds for house demolitions should be fully used for the settlement of house demolitions without diversion.
The municipal development of demolitions should enhance the oversight of the use of relocation compensation funds.
Article 25
Chapter III Removal compensation and resettlement
Article 26 dismantles the rented homes, and the dispersion shall apply monetary compensation to the dispersed or the introduction of home property transfers. Removals have chosen to relocate their property rights and should accept the house provided by the dispersioners; they do not accept the housing provided by the dispersioners and impose monetary compensation.
Article 27 dismantles the unspent housing property transfer and removes the difference between the amount of monetary compensation and the value of the relocated house.
In accordance with article 28, the demolition of rented homes under the agreement shall be remedied by the dispersion of the dispersion of the house with the tenants or the relocation of the house's tenants.
The dispersed were unable to dislocate the lease relationship with the tenants, and the dispersion of property rights should be carried out in accordance with the provisions of this approach to the removal of rented homes. 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 29 dismantled homes with monetary compensation, and its currency compensation formula is calculated as follows: the amount of compensation in the housing home currency = the average single price of the housing market assessment (1+ adjustment factor) x construction area.
The average number of tickets in the home market is determined by the assessment body based on the assessment of the size, structure, type of homes, etc., of the house's housing sector within the scope of the demolition, which is published in the context of evictions.
The adjustment factor is determined within 2 per cent of the total cost of the assessment, based on the actual new status of the house, and does not contain the length of time for the construction of homes.
The dispersed (or the public housing tenants) had contested the established monetary compensation and could apply for separate assessments to the dispersioners; the relocation of the owner should be entrusted with an assessment by the ex-locating evaluation body after the request had been received. Individually assessed amounts of monetary compensation are determined by the value of a separate assessment by the house.
Article 33 dismantles public housing rented according to the Government's standard of rent, which terminates. The dispersed should pay monetary compensation to the dispersed and be removed from the house as a house and a barracks, with a monetary compensation of 10 per cent of the amount of the housing currency provided for in article 29 of this scheme; and 15 per cent of the house destroyed. Removals should also impose monetary compensation for tenants or house accommodation. The housing tenants opted for monetary compensation and were removed from houses as house accommodations and barracks, which amounted to 90 per cent of the amount of housing compensation provided for in article 29 of this scheme and 85 per cent of house demolitions. The housing tenants opted for house accommodation and should be admitted to housed accommodation provided by the dislocators and to the dispersioners to close the price between the amount of monetary compensation and the value of the house, after the closing of the price, the property owner of the house was owned by the tenant.
Article 31 dismantled houses that do not rent private houses and rented by government-mandated rental standards, who are dispersed and public-owned tenants are unable to close the price of property transfer or house housing and monetary compensation, and the dispersionee shall give due care.
Article 32 dismantles unpaid non-residents with monetary compensation, and their monetary compensation is determined in the value of the real estate market based on factors such as the place of the house, the use, construction area.
Article 33 dismantles public non-residents that are rented according to the Government's standard of rent, and the lease is terminated. The demolitions should be compensated in monetary terms for the dispersed, house tenants. The monetary compensation for the dispersed is 30 per cent of the value of the housing market assessment; monetary compensation for the tenant is 70 per cent of the value of the housing market assessment.
Article XIV was assessed by the demolition of houses and was commissioned by the dispersioner to implement the assessment body approved by the municipal development of demolitions. The dislocating party's objection to the assessment results could apply to the original assessment body within five days of receipt of the assessment results; the application for an assessment to be based on the results.
The housing house provided by the demolitions should be clear, without the right burden and in accordance with the planned requirements and the quality, security, technical standards.
The value of the house provided by the dislocators is determined by an assessment body approved by the Ministry for the Development of Democracies, which in principle is not less than the amount of monetary compensation provided for under this scheme, except for the dismissal of the dispersed person or the dismissal of the tenants.
Article XVI removes the compensation criteria for the house repair component, which is determined by the assessment body in accordance with the renovation and new determinations, the dispersed or house tenants may apply to the assessment body for the refurbishment portion of the assessment, and the amounts are determined in accordance with the assessment results. No evaluation and compensation shall be carried out by a dispersed person or tenant.
Article 337 dismantles the subsidiaries of non-public goods and is compensated by the dispersioners for the dispersion. The criteria for the compensation of house demolitions have been developed by the city's development of demolitions and are published after the approval of the Government.
Article 338 dismantles homes and their subsidiarys for public goods, and the removal of the demolitions shall be rebuilt in accordance with the provisions of the relevant laws, regulations and the requirements for urban planning, or in accordance with the provisions of the scheme to dismantle houses of non-public interest and their subsidiarys.
Article 39 dismantles temporary buildings that violate the law and exceed the period of ratification without compensation; dismantles temporary buildings that do not exceed the duration of the approval period, and shall be compensated by the dispersion in monetary terms in accordance with its new value. No temporary building has been authorized for a period of two years.
Article 40 should pay for relocation grants to the dispersed or the home tenant.
The property transfer and house housing provided by the dispersionor are pending or constructed, and the removal party should agree on a transitional period in the settlement agreement; the relocation of the dispersionor or the home tenants themselves to arrange their homes, and the dispersionees should pay temporary support payments to them.
As a result of the eviction of non-residential homes, the demolitions should be given adequate compensation to the dispersed or to the tenants.
The criteria for relocation support under paragraph 1 of this article, which provides for the criteria for temporary settlement grant payments, paragraph 3, the criteria for suspension, suspension of employment compensation, and the development of demolitions by municipalities and the publication of implementation by the Government of the city.
Removals may be granted to relocation grants on the basis of circumstances, for the purpose of signing a relocation indemnity agreement and completing the relocation of the dispersed or tenants.
Article 40 states that the area of buildings removed by the house is subject to the construction area set out in the home ownership certificate; the construction area set out in the home ownership certificate is not in line with the legitimate area of construction measured by the housing mapping agency.
(b) The area of construction for each tenant's rented house is calculated in accordance with the area of construction in the area of the rented house by the lease; The contractor's tenancy certificate provides a comparative value of the area of the use of the creed buildings and the area of use.
Article 42 confirms that house demolitions should be accompanied by the following conditions:
(i) The purpose approved by the plan is non-residents or the initial registration of houses that have been completed prior to the implementation of the urban planning control is non-residents;
(ii) The use of houses as set out in the home title certificate is non-residential;
(iii) The destruction freeze is used by law for non-residential purposes.
Article 43 removes the unaccounted houses, and the dispersion programme should provide compensation, resettlement programmes and report to the municipal development of demolitions after their consent. The demolitions should be preserved by the public evidence authorities on matters related to the demolition of homes.
Article 44 dismantles houses with mortgage rights, and the mortgage-holders shall be subject to a consensus on the treatment of mortgage rights and their guaranteed claims, in accordance with the State's laws, regulations and regulations.
The collateral and mortgage-holders were not in agreement and, when monetary compensation was imposed, the dispersed should make monetary compensation available to the public legal body.
Chapter IV Corporal punishment
Article 42, in violation of this approach, does not have access to a house demolition permit, to carry out its own demolitions, and is ordered by the integrated urban administration law enforcement authorities to stop their evictions, alert them and impose a fine of up to $50 per square m2.
Article 46 removed evictions violates this approach by deceiving access to housing demolition permits by means of deceasing, by the urban administration of integrated law enforcement authorities to revoke the home demolition permit and to compensate for the release of more than 3 per cent of the funds for resettlement.
Article 47, in violation of this approach, found one of the following acts, to be stopped by an integrated urban administration law enforcement agency responsible for the cessation of evictions, to warn, to compensate for the relocation of 3 per cent of the funds; and, in the event of serious circumstances, to revoke the home demolition permit:
(i) To entrust removal of units that do not qualify for demolition;
(ii) Execution of house demolitions, not determined by a house demolition permit;
(iii) Oriental extension of the duration of evictions.
Article 48, which is entrusted with demolition units in violation of the provisions of this approach, transfers of demolition operations are being converted by an executive order of integrated urban management, confiscation of proceeds of the conflict and a fine of up to 50 per cent of the contractually agreed relocation service.
Article 49 Development of demolitions in the city violates this approach by providing for the granting of licences for the demolition of nuclear homes and other authorization documents, the granting of permits for the demolition of nuclear homes and other authorization documents does not carry out oversight functions after the approval of the documents, or the non-recognition of the offence, the administrative disposition of the competent and other directly responsible personnel directly responsible for the direct responsibility of the person; serious circumstances, causing significant loss of public property, the interests of the State and the people, which constitutes a criminal responsibility.
Article 50 imposes administrative penalties on the part of public security authorities in accordance with the People's Republic of China Regulations on the Protection of Security and Punishment of the People's Republic of China, which constitutes an offence, and is criminalized by law.
Chapter V
Article 50 of the relevant provisions of the management of house demolition assessment and the specific implementation of the management of house demolitions is published by the Urban Development Demobilization Unit, in accordance with the actual establishment of this city, following approval by the Government of the city.
Article 52 implements home demolitions in State-owned land in the area of urban planning in the area of long-term, district (commune) and requires compensation and resettlement to be carried out in the light of this approach.
Article 53 is implemented since the date of publication. The Modalities for the Removal of Urban Housing in the city of Francis, issued by the Government of the Overseas city on 1 April 2002, were also repealed. Removal of urban construction prior to the operation of this approach continues to be carried out in accordance with the provisions on evictions.