Key Benefits:
(Adopted by the 46th ordinary meeting of the People's Government of Western Annai on 21 April 2004 No. 22 of the Order of the People's Government of Western Annai on 10 May 2004) Chapter I General Article 1 ensures the smooth conduct of urban construction in order to strengthen the management of urban homes, preserve the legitimate rights and interests of the parties to the demolition, and develops this rule in the light of the Modalities for the demolition of homes in the city of Western Andes and the relevant laws, regulations and regulations. Article 2, State-owned land demolitions in urban planning areas within the city's administration, and the application of this rule is required to compensate and accommodate the dispersed. Article 3. The demolition of urban homes must be in line with urban planning, which is conducive to urban rehabilitation and ecological environmental improvements, and the protection of monuments and historic neighbourhoods. Article IV. The dispersed persons shall be compensated, resettled and housed for the dispersed; the dispersed and the tenants shall complete the relocation within the specified period of relocation. This rule refers to units that have access to housing demolitions. This rule refers to all persons who have been removed from homes. This rule refers to units and individuals that have legal rental relations with the dispersed. Article 5. The municipal housing administration sector is the competent authority for house demolitions in the city. The Office for the Removal of Urban Housing (hereinafter referred to as the Urban Democtation Management Service) is responsible for the management of urban homes in the new urban areas of the city, the Metropolitan Zone, the Shelter area, the treasury area, the unplanned area, the city's house demolition within the administrative area. Removal management of urban homes in the Territory, including urban house demolition authorities and municipal relocation management offices, are governed by the Principal District, the Yukon and the municipality. The executive branch, such as planning, construction, land, municipalities, public safety, business, education, labour and social security, and the relevant districts, districts and counties' governments, should work together in the management of house demolitions in accordance with their respective responsibilities. Chapter II Article 6 implements house demolitions, which must be granted by law to house demolitions. The unit requesting permission for home demolitions should be established by the designated bank to establish a dedicated account for the relocation of the relocation indemnity funds and to complete the relocation indemnity fund in full. Reimbursement funds should be fully used for the relocation of homes and should not be diverted. In advance of the granting of a home demolition permit, the municipal demolition management office or the district and district relocation administration authorities should enter into regulatory agreements with banks requesting permission for home demolitions, the opening of relocation indemnity funds-specific accounts. Without the consent of the municipal demolition management office or the district and district demolition administration, the bank shall not disburse funds for relocation. Article 7. Demobilizing persons shall carry out home demolitions within the period of relocation determined by a house demolition permit. No demolitions have been completed within the period of evictions, which may be applied for extensions, but not more than one year. Article 8. Demobilization shall carry out house demolitions within the scope of the demolitions set out in the home demolition permit. Demobilization may not unauthorizedly expand or narrow the scope of the authorized evictions. Article 9. The planning of the administration sector, after planning a licence for nuclear-powered land, should provide an indication of the use of the ground-line maps involving demolitions. Article 10. Demobilizing persons shall, within 15 days of the date of the acquisition of a licence for the construction of a land-use planning facility, make requests for demolition mapping and suspension of the relocation administration of the district, the municipal demolition management office or the district, district and district relocation administration authorities in a timely manner to communicate the following activities to the relevant departments and individuals within the scope of evictions: (i) Suspension of procedures such as new construction, alteration, expansion and alteration of the nature of the use of homes; (ii) A moratorium on nuclear business licenses by the business administration. The duration of the suspension shall normally not exceed one year. During the period of effectiveness of the suspension of the relevant procedural notification by the relocation management office or the district, district and district relocation administration authorities, the relocation of the demolitions was not carried out for special reasons, and the extension period was required within 30 days of the expiry of the period, for the purpose of the extension of requests to the municipal demolition management office or to the district, district and district relocation administration authorities, and the authorities should be informed in a timely manner. The extension period should not exceed one year. The restrictions set forth above are free of charge by persons who have not carried out demolitions within the time period of suspension or beyond the time period for which the extension was postponed. Article 11. Demobilization may be removed by themselves or by units eligible for house demolition. The units entrusted shall not be transferred to the removal operation. Article 12. The demolition of homes should be carried out by enterprises with construction certificates and security conditions. Construction enterprises should prepare demolition programmes to ensure physical and property security in house demolitions. The head of the construction enterprise should be responsible for the removal of construction safety. Article 13. Demobilization should develop programmes for demolition resettlement and relocation. Removal programmes and demolition programmes should include the scope of evictions, the status of house demolitions (including the use of nature, area, authority), removal units and their corresponding staff members' lists, compensation programmes (including the provision of compensation for evictions, compensatory funds for resettlement, property transfer sources, transitional houses or other temporary transitional measures), modalities and duration of evictions, home demolition programmes (including safety protection and environmental measures). Article 14. Removals shall indicate, among other things, the demolition of house demolition permits, the removal of relocation indemnity criteria, the property transfer source, the removal process, the name of the removal units and assessment units and their staff members' lists, and shall be made available to the dislocutor, the home tenant to the demolition regulations, policy advocacy, interpretation. Article 15. Demobilizing persons shall enter into a settlement agreement with dispersed persons under the law. The removal indemnity settlement agreement shall contain the following: (i) The right to be removed from homes, addresses, area, nature of use and structure; (ii) Modalities, compensation criteria and settlement modalities; (iii) Period of relocation; (iv) The right to house accommodation should be set out in the circumstances of the place of residence, address, area, nature of use, structure and transition, and the transition period; (v) The breach of responsibility and the manner in which the dispute is resolved; (vi) Other agreed matters. The model of the settlement agreement instrument for evictions was compiled by the Urban Demobilization Management Service. Article 16 excludes the relocation of dispersed persons from the demolition of persons or from the house's tenants to the settlement agreement, with the application of the parties, by the Municipal Losal Management Service or the district, district demolition administration. Decisions shall be made within 30 days of the date of receipt of the request. The ruling process is implemented in accordance with the provisions of the Ministry of Urban Housing Explocation Administration Rules. Article 17 parties may sue the People's Court within three months from the date of the transfer of the award. During the course of the proceedings, such as the demolition of evictions, the payment of monetary compensation to the dispersed, the housing tenants or the provision of accommodation, transitional housing, and the non-removal of the execution of evictions. Removals or tenants have been denied relocation within the period of relocation prescribed by the decision, either by the municipality, the police, the bona falter zone, the elevation area or the municipality's government, respectively, by entrusting the municipalities to operate in the administration sector, such as the demolition of houses in the district, the relocation of district houses and planning, or by the relocation management of the city's homes or areas, and the relocation of district houses to apply for the forced relocation of the People's Court. 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 18 Private housing rights defenders are located outside the country (including ports, ports, treasurys) and are headed by their esctors or house holders to seek compensation, resettlement opinions from private housing owners for the relocation of their homes and to conclude relocation indemnity agreements with the dispersionees within the prescribed period of separation. The escrowers or house holders were unable to seek advice from private housing owners or were unable to respond within three months from the issuance of the announcements of demolitions from the commune demolition management office or district, the district demolition administration sector, with the exception of compensation, resettlement programmes by the dislocutor, and the demolitions could be carried out after the agreement of the commune relocation management or district, and district relocation administration authorities. The removal should be preceded by a survey of house demolitions, a request for evidence to be preserved by the public-cert bodies, and a temporary settlement of those who have been removed. Article 19 dismantled houses with mortgage rights, and the debtor cannot be settled in advance or the guarantor may not change the mortgage property, which should be transferred by law to the public evidence body for monetary compensation equivalent to the portion of the claim security. The collateral has chosen to redeploy property, and the collateral property is transferred. Article 20 protects the demolitions from house demolitions, and the demolitions must pre-empt housing. The construction of commodity buildings for unprotected houses is immediately halted by municipal demolition management or district, district and district relocation administration orders, and the period of time is being changed. There was no change in the deadline for the placement of commodity houses by dispersed, and the price settlement was still implemented at the price determined by the relocation indemnity agreement. The dispersed were not accommodated by the time limit for the relocation of the dispersed and the lessee, and the relevant administrations, such as planning, construction, housing and property, were not allowed to separate, targeted and processed for the sale of commodities. Article 21, the dispersion, without the completion of the relocation indemnity, requires the transfer of construction projects, subject to the consent of the municipal relocation management office or the district, district demolition administration. The transfer shall not undermine the legitimate rights and interests of the dispersed. The transfer of the project shall enter into a transfer contract whereby the rights and obligations of the dispersed in the original construction of the project break-up agreement are transferred to the transferee. The transferee of the project accepts the construction project and should have the corresponding housing dispersion and compensating resettlement capacity and, prior to the agreement of the municipal relocation management office or the district and district demolition administration, the transferee of the designated bank to the full range of relocation funds in accordance with article 6, paragraph 2, of this rule. The transferee and the transferee of the project shall notify the dispersed in writing and inform the dispersion after the municipal demolition management office or the district, district and district relocation administration authorities agree with the transfer of the project. The notice was 10 days. The notice expires may apply to the relevant administration authorities for a change in the qualifications of the dispersion of the original project and the relocation indemnity agreement. The nature of the use of house demolitions is limited by the nature of the use of the home ownership certificate. Prior to the suspension of documentation relating to matters under article 10 of this rule, the home ownership certificate has set out the nature of the use of the house, but the actual changes in the nature of the use of the house, which, according to the application of the owner of the house, has been determined by the housing administration to the effect of the changes in the use of the property, the nature of the house's use is changed to the place of work, should have legal and effective licences, tax vouchers. The housing title certificate does not contain the nature of the property, which is actually used as a non-resident in advance of the suspension of the documentation on the matter, and is determined by the housing administration in accordance with the legitimate and effective documentation of the planning, land administration. Article 23 Legal instruments of entry into force, such as the demolition of evictions, house tenants' removal indemnity agreements or awards, shall apply to the public security, municipalities, civil affairs, labour and social security, education or units for the administration of the family, low-insecution, labour and social insurance, and referrals, the relevant departments or units shall be governed by the relevant provisions. Schools may not be charged with other expenses on the basis of non-school students. Article 24 of the municipal housing administration sector, the municipal demolition management office or the district, district demolition administration should monitor the progress of the settlement standards and the placement of construction works in the building, as well as the implementation of agreements, establish a sound management system for house demolitions and enhance the management of the demolition files. Chapter III Removal compensation and resettlement Article 25. Removal compensation may be subject to monetary compensation or a transfer of property. In addition to the provisions of this rule, the dispersed may choose their own means of relocation. Article 26 imposes monetary compensation, which is determined by the real estate market assessment price, based on factors such as the place of the demolition, the nature of use and the area of property. In addition to the rental of private houses, the housing and non-residents are based on the area of the demolition of houses' property rights. The price settlement is governed by the following provisions: (i) Removal of houses to cover real estate market assessment prices for demolitions and the real estate market assessment price for the house. (ii) With regard to the tenants of the renting State's immediate house, the property owner renounces the property right and the original portion of the house's housing construction area, which is settled at the cost of the alteration of the dwellings in the year, beyond the portion of the area of residence (excluding the area added under article 34 of this rule) and is subject to the assessment of the real estate market value of the house. The real estate market assessment price is determined to be implemented in accordance with the provisional provision for the valuation of the relocation of homes in the city of Western Annai. Article 27 demolitions of homes and their subsidiarys for public goods should be rebuilt and reconstruction must be in line with urban planning. There is no need for reconstruction and monetary compensation. Article 28 removes the State's residence with the lease relationship, and the dispersion is required to compensate the currency and to terminate the lease relationship. 50 per cent of the amount of monetary compensation was paid to the dispersed and 50 per cent to the tenants. The pre-moval lease contract was otherwise agreed and agreed. The removal of rented private houses, the removal of lease relations between the dispersed and the tenants of the house, should be compensated or transferred to the dispersed. The dispersed were not removed from the rental relationship with the tenants, and the dispersed should relocate property rights to the dispersed and housed by the former tenant. It was also agreed upon before evictions. Article 29 dismantled houses with some property rights, and the dispersion compensated the original property unit in monetary terms. The owner of the original house is compensated or transferred in monetary terms, according to the proportion of its own property. Article 33 dismantles unauthorized construction and illegal construction beyond authorized self-building without approval by the urban planning administration sector, or temporary construction beyond the period of ratification and temporary buildings that have not been specified for a period of more than two years without compensation. The removal of temporary buildings that do not exceed the period of ratification is duly compensated for the remaining period of use. Article 31 provides for the separate house without a housing property certificate of 25 May 1983, all of whom are permanently housed in this city and are reimbursed by 70 per cent of the size of the original house. After 25 May 1983, no settlement was granted without approval of more than two parts of the house. Article 32, in the area of approved demolitions, concerns the need for demolition of homes in the community's land, has the conditions for the transfer of home bases, which are allocated by the Government of the District in accordance with urban planning and the relevant provisions, to be constructed by the dispersed and to the removal of the relocation of the displaced person from the criteria set out in article 37 (i) of this rule, and the absence of conditions for the distribution of the home base, which provides for the relocation of the home from the State's land within the scope of the demolition. Reimbursement of the dispersed house is provided to the dispersed as follows: (i) Removal houses have been granted and have housing property certificates, which are compensated for by the State's housing compensation for land in the area of demolition. (ii) Removal of more than two houses without approval, without a housing property certificate, which are compensated for by the construction area below its second level (concluding the second floor) or by 30 square meters of the permanent population of the dispersion. The dispersed were relocated by 20 to 60 per cent of the resupply of the area of compensation; the dispersion was not conditioned for the distribution of the home base, reaching 10 per cent to 30 per cent of the value of the area of compensation. In addition to public access, fire corridors, the area of accommodation for the dispersion is not less than 70 per cent of the area of house demolitions. Article 34 states that house demolitions are housed and in accordance with the following conditions: (i) A small size of the original home building area of 20 square meters and no house, each household could increase the area of 8 square meters of construction and increase the area at the cost of the replacement of the current year. (ii) Each household may increase the area of construction between 5 and 10 square meters in areas other than the city's wall to be housed in a two-way route, or in a area other than a one-stop route, with an increase of 10 to 20 square meters per household. The increased area covered by the transfer of private houses by property rights to be settled at the expense of the rest of the home; The removal of non-commercial properties for reasons such as urban planning will require the relocation of the area from the area of the well-developed floor to the area of settlement by 5 to 30 per cent of the original building area, and the increase in the area of accommodation for non-commercial housing by 5 to 20 per cent of the original building area, and the increase in the number of construction area by the replacement of the accommodation. Article XVI precludes evictions from settling in the form of homes in consultation with the dispersed, the lessee, and the need for a transition period of up to 18 months, up to seven levels (subject to seven levels) and not to 24 months; the period of transition for non-housing is up to seven levels, up to 24 months for a period not exceeding seven-size-flights (7-six-series) shall not exceed 24 months and the period of transition shall not exceed 30 months. The transition period has been calculated from the date of the demolition or house tenant's free house. Article 37, within the transitional period provided for by the agreement, may not provide for transitional accommodations, the relocation of the dispersed and the lessee, should pay the transitional grant in accordance with the following criteria: (i) The criteria for transitional subsidies for the demolition of homes are: One route is supported by $9 per month per square meteor (compared with 30 square meters) and over 30 square meters, of which 30 square meters receive a monthly subsidy of $9 per square metor per month, exceeding a portion of the monthly allowance of $7. In addition to one route to two axes, up to 30 square meters per month (including 30 square meters) and more than 30 square meters, of which 30 square meters per month would receive $7 per month, exceeding a portion of the monthly allowance of $5. The second route to a distance of up to 30 square meters (including 30 square meters) per month, with over 30 square meters per month, with 30 square meters per month, exceeding a portion of $4 per month. The following 30 square meters (including 30 square meters) outside the city's highway, each of which receives five per square meters per month; more than 30 square meters, with a monthly allowance of $5 per square meter, exceeding a portion of the monthly allowance of three square meters. (ii) The production and operation of a dispersed unit resulting in the suspension of the production sector, which is distributed by the dispersion of 100 per cent of the total salary (including basic wages and national subsidies) in real-time terms. The actual number of dislocated units is determined by the number of workers paying social insurance costs. In another production and operation of the premises, the number of its employees was determined to be assessed on the average number of employees in the total area covered by the relocation units. (iii) Other houses other than (i), (ii) before evictions are removed, and their transition costs are implemented according to the following criteria: In one way, $40 per square m2 is per month. Between a trajectory and a two-way route, $25 per square meters per month. In addition to the two trajectory to the city's highway, $1.5 per square meters per month. In addition to the highway in the city, 10 per square meters per month. Article 338 disloans provide transitional accommodations, accommodations or monetary compensation and do not pay transitional subsidies. However, the house demolitions are produced, operated and, as a result of the relocation, the temporary suspension, the suspension of the property and the removal of the person shall be paid to the transitional grant for the duration of the suspension in accordance with the criteria set out in article 37, paragraph (b), of this rule. The duration of the suspension was less than one month, calculated in one month. The dislocators provide the tenant with a transitional housing facility and the lessee shall pay the rent of the transitional housing facility. Article 39 exceeds the transitional period provided for in the relocation indemnity settlement agreement and, from the late month, the removalee pays the transitional grant by two times less than the original transitional grant standard; and, more than six months later, from the seventh month, pays the transitional grant at three times a month without lower than the original transitional grant rate. As provided for in article 37, subparagraph (b), of this rule, for the payment of transitional payments in the form of wages, the additional transitional allowance is implemented in accordance with the agreement of the relocation indemnity settlement agreement. Removals, tenants and tenants of the transition from a housing house were provided by the dispersed, and the rental of the transitional housing was discontinued from the late month. Since the month of late, 20 per cent of the eligibility criteria for transitional grant payments provided by the dispersioner under article 37 of this rule have been paid to the dispersed. Article 40: The dispersion shall be paid to the dispersed and the lessee's relocation allowance according to the following criteria: (i) Removal of persons, individuals and businesses, with a payment of $10 million for relocation assistance under the household, which is reimbursed by the current house or currency, with a payment of $500 for relocation grants. (ii) For units, payments should be calculated in accordance with national and provincial and municipal freight prices. Article 40 deals with the relocation of equipment, which is based on the provisions of the State and provincial municipalities relating to freight prices of goods. Equipment, material, such as temporary storage, are granted temporary collateral rental benefits at actual storage. Article 42 states that house demolitions are housed and are housed in accordance with the area of buildings removed by the house. The construction area of the smallest house should not be smaller than 45 square meters, and the difference in each household building area is generally less than 10 square meters. Two of the more couples (two per cent) are housed with private houses and are in line with the provisions relating to the separation of property rights, which should be divided. In addition to the area of the original housing property certificate, the assessment of the housing facility is settled. Article 43 thirteenth house accommodation should be accommodated in accordance with the order of relocation in the event of evictions, by the dispersed and the tenants themselves. A single house has two (two sets) housing units, which should be distributed at a low level. The high levels of the multi-size floor range are defined as: three floors I, II, and three-tiers; four floors I, II, III and 3 are low; four floors; five floors, two, three and four floors should be dispersed in specific programmes. Article 44 provides for the relocation of persons to be housed and shall be in compliance with the following provisions: (i) In line with national quality safety standards; (ii) Clear and non-right limitations on property rights; (iii) Access conditions. Article 42 allows evictions, tenants and households other than demolitions to adjust their homes. Re-entry, compensation shall not exceed the resettlement, compensation criteria for the replacement of the household. Article 46 dismantled homes and displaced persons are the subject of the minimum living security, with a portion of the area such as the introduction of the property transfer, which does not seek the price, and the excess portion of the area to be paid by 50 per cent of the payable. Removal of State-owned housing, its tenants fall under the target of the enjoyment of the minimum living security, the owner renounces the property right and the tenants require house accommodation, and the tenant pays the housing price at 50 per cent of the amount due. Article 47 may give priority to buying or renting, either by the dispersion or by the tenant of the house, in accordance with the conditions for the purchase of affordable housing or for the payment of rents. Chapter IV Legal responsibility Article 48 consists of one of the following acts, which are punishable by the relocation management of the municipality or by the relocation of the district or district, as appropriate: (i) No house demolition permit for spoiler demolitions, to stop demolitions, to compensate economic losses, to warn and to impose a fine of up to $50 per square m2 area; (ii) Removal of home demolitions by means of deceivation, and imposing a fine of up to 3 per cent of resettlement funds; (iii) The demolition of persons who have not been able to carry out demolitions in accordance with the scope determined by the house demolition permit, or have been entrusted with the removal of units that do not have the capacity to dislocate, to deter evictions, to compensate for economic losses, to warns and to dislocate a fine of up to 3 per cent of resettlement funds, in the event of serious circumstances, and to revoke the housing demolition permit; (iv) accept that the authorized removal units violate the provisions of this rule, transfer of demolition operations, corrective action, confiscation of proceeds of the law, and a fine of up to 50 per cent of the cost of relocation services agreed upon by the contract; (v) Removals are accompanied by a reduction in the standard of accommodation, with severe circumstances and a fine of up to $50 million for the demolition and a fine of up to €200 million for the direct responsible person; (vi) The removal of staff members from positions without evidence, and the imposition of fines on the demolition of persons by 2.0 per person; the result of the adverse consequences, the imposition of a period of time for demolitions and the release of a licence for demolition. Article 49 of the demolitions led to the removal of funds for resettlement, which was handled by municipal demolition management or district relocation administrations, in accordance with the regulatory agreement on the use of relocation funds. Article 50 does not justify the relocation of the dispersed persons beyond the time period specified for the demolition, the time limit is being changed and punished in accordance with the following provisions: (i) Over six months, more than one year, a fine of 1 per cent for the removal of funds for resettlement; (ii) More than one half of the year, a fine of 2 per cent for the removal of the funds; (iii) More than one half of the year, a fine of 3 per cent of the funds allocated for the demolition of relocation. Article 50 means of disrupting water, disrupting electricity, disrupting gas and blocking roads that affect displaced persons, the normal production of renters, forced evictions, house tenants to enter into a settlement agreement with them, and are being responsibly ordered by the city demolition management office or the district, the district relocation sector, and the district relocation sector, which is being warned and punishable by more than 300,000 dollars. Article 52 provides for the transfer of items in violation of the provisions of this rule, by means of a warning by the municipal dispersion management or the district, the demolition of the district administration, the time limit being changed and the fine of up to $100,000. Article 53 imposes forced evictions on the house of the dispersed persons, which is being retroactive by the municipal demolition management office or the relocation administration of the district, and by fines of up to $300,000. Article 54 imposes administrative sanctions on the provisions of this rule, which are governed by the provisions of the law, regulations and regulations by the relocation management of the municipality or by the area of district, district relocation administration. The penalties amounted to more than 30,000 dollars or the suspension of the licence for demolitions, the right to call for hearing. The parties' decisions on administrative penalties are not consistent and may initiate administrative review or administrative proceedings in accordance with the law. The parties do not apply for reconsideration, nor are the prosecution, and do not comply with the penalties decision, and the organs that have made a punitive decision apply for the enforcement of the People's Court. Article 55 of the municipal housing administration, the municipal demolition management office or the district, district demolition administration, in violation of the provisions of this rule, the granting of permits for the demolition of nuclear homes and other approved documents, the granting of permits for the demolition of nuclear homes and other authorization documents do not carry out oversight functions, or the non-exclusiveness of evictions, the administrative disposition of those responsible for direct responsibility and other direct responsible personnel, in accordance with the law; serious circumstances, constituting an offence, and criminal liability. Article 56, in the course of evictions, violates the provisions of the National People's Republic of China's Code of Punishment, which is punishable by law by public security authorities; constitutes a crime and is held criminally by law. Chapter V Article 57 On 25 August 1994, the People's Government of Western Annai set up a publication of the Rules for the Implementation of the Removal of the City of West Anima. Previously, the demolition of house demolition permits had been granted and the relocation programme had been implemented in accordance with the previously approved programmes. |
