Key Benefits:
(The 11th ordinary meeting of the Government of the Turkmen Republic of 31 May 2004 considered the adoption of the Decree No. 97 of 1 June 2004 No. 97 of the Decree No. 97 of the Government of the Plurinational State of the Territory, which came into force on 1 September 2004) Chapter I General Article 1 ensures that construction projects are successfully carried out in accordance with the Urban Housing Demobilization Management Regulations, the Urban Housing Democtation in Angué Province, in conjunction with the practice of the city. Article 2 implements home demolitions in the State's land in the city planning area and requires compensation and resettlement for the dispersed. Article III refers to units that have access to housing demolition permits. This approach refers to all persons who have been removed from homes. The scheme referred to the tenant of the house, which means units or individuals that have legal housing leases with the dispersed. Article IV regulates the management of urban home demolitions in the current administrative area (hereinafter referred to as the demolition management). All levels of the people's Government and its functional sectors, the dispatch agencies should take their duties together in the management of urban homes. Article 5 Demobilization should be carried out in accordance with this approach, and the demolitions, the tenants should be subject to construction needs and the relocation is completed within the time period specified for relocation. Chapter II Article 6. Units for the demolition of homes should submit written requests to the management of demolitions, while submitting the following information to allow for the removal of demolitions by the owner of the house: (i) The construction project approval document; (ii) Construction of capital planning licences or construction of project planning approval programmes; (iii) National ownership of land use instruments; (iv) Removal plans and demolition programmes; (v) The financial institutions have provided evidence of the deposit for the relocation of funds. The land of government reserves is to be removed from the provision of former paragraphs (i), (ii) as a unit for the demolition of houses. Removal management should review the application within 30 days of the date of receipt of the request; and, subject to review, grant housing demolition permits and issue home demolition announcements. Article 7. The programme shall include the following: (i) The scope, manner and duration of evictions; (ii) The structure, use, establishment of the courts, construction area, property rights, etc.; (iii) Estimates for the cost of relocation indemnification and compensation for the implementation of resettlement funds; (iv) Provide the profile of the house, the graph and the measurement of the prices; (v) Removal compensation programmes; (vi) Measures to dismantle evictions; (vii) Other matters requiring clarification. Article 8. Demobilization shall be carried out within the period of relocation and demolition of homes provided for in the home demolition permit. During the expiry of the time period specified for the removal of a permit, the removal of the person should stop the evictions; the extension of the duration of evictions should be carried out in accordance with the original approval process. Article 9. Demobilization may be removed by themselves or by units eligible for house demolition. However, the use of State-owned funds and national financing-building projects should be carried out by the dislocators to dislocate and to identify the authorized removal units through the solicitation of tenders. The dispersion or the authorized removal units should be in good faith, justice, civilization and lawfully engaged in evictions. People's governments and demolition management at all levels may not be allowed to accept or disperse the relocation of units that do not qualify for house demolitions. Article 10. Demobilization of evictions should be accompanied by a relocation contract with the authorized removal units, and the removal of the contract was commissioned to report the relocation management clearance. Article 11. After the release of the announcement, units and individuals within the scope of the demolition shall not carry out the following activities: (i) Construction, expansion and alteration of homes; (ii) Changes in homes and land use, with the exception specified in this approach; (iii) Rental of homes. In parallel with the issuance of home demolition announcements, the relocation management shall notify the relevant authorities of the suspension of the proceedings in writing on the matters listed in the previous paragraph for a period not exceeding one year; the extension of the period shall be required until 15 days of the suspension shall be submitted to the management for approval and the extension period shall not exceed one year. Article 12. The demolition of homes shall be carried out in accordance with the following procedures: (i) Publication of the Removal Restitution Programme for units and individuals within the scope of evictions and promotion and interpretation; (ii) To verify the property, use status and the physical quantity of the house and its subsidiary objects and to register the books; (iii) Agreement on the Removal of Removal Restitution with the dislocated and house tenants; (iv) Organizing house demolitions or applying for forced evictions under the law. Article 13 does not require the relocation of a dispersed person or a tenant of the house, after which a relocation indemnity settlement agreement is concluded. The model text of the Removal Restitution Agreement was provided by the dispersion management and the removal of the parties. Article 14. After the conclusion of the settlement agreement, the dispersion or tenant of the house may apply for arbitration or prosecution in accordance with the law. During arbitration, proceedings, the dispersion may apply to the People's Court before being executed by law. Article 15. The removal of the parties from the settlement agreement shall apply to the decision and shall be ruled by the demolition management. Removal management is a dispersed person and is decided by the same-ranking people's Government. The ruling organs should take decisions in the light of the National Ministry of Construction's Administrative Arrangement for the Removation of Urban Housing. Decisions shall be made within 30 days of the date of receipt of the application. The parties may apply for review or prosecution in accordance with the law. The demolitions have granted monetary compensation to the dispersed or the provision of house accommodation, and the demolitions have provided homes to the tenants, who have not stopped the execution of demolitions during the proceedings. Article 16, a dispersed person or a house tenant, who refuses to move within the time period of the decision for the relocation, was submitted by the demolition management for mandatory demolition decisions by the same-ranking people's Government, or by the relocation management for the enforcement of the People's Court. No unit shall be subjected to forced evictions without statutory procedures and shall not be involved in illegal evictions. The dispersed had refused to receive the compensation for demolitions, and the dispersed had processed the evidence of the deposit. Article 17 (i) The dislocated or house tenants do not agree with the reasons for the demolition; (ii) A public certificate of evidence of the demolition of houses; (iii) Provision of housing certificates to dislodgers or home tenants, or compensatory financial certificates. Article 18 (i) Following the receipt by the demolition management of the application for forced evictions, a forced removal opinion was made within 10 days, along with the publication of the same-ranking Government of the Government of the people of the home, such as the home demolition permit photocopy, the award; (ii) After receipt of forced evictions by the municipality, the people of the counties, which have been reviewed in accordance with the conditions of forced evictions, in a written decision of forced evictions within 10 days, and tasked with the enforcement of forced evictions by units such as the management, urban administration, public safety, etc. and the Town People's Government, the street offices; (iii) Removal management should inform the parties of the removal by seven days of forced evictions; (iv) In the event of forced evictions, the enforcement should transfer the goods to the person's receiving; the applicant's refusal to leave the site or to refuse the removal of the goods should be made public evidence. Article 19 During the period of relocation under the house demolition permit, the dispersion shall not carry out the cessation of water supply, electricity, and gas-related production and life against unremoved persons or tenants. Article 20 units that dismantle houses should be preceded by detailed construction, security advances, referrals to municipal, district-based construction administrations, and the removal of homes should be carried out by civilization construction, security construction and oversight by the authorities concerned regarding the sanitation and safety of their dismantlement processes. Article 21, the dispersion should open the exclusive account for the relocation of the dislocated financial institutions for the relocation of the dislocated funds, which should in principle not be lower than the total proposed budget for the relocation of the funds for resettlement, which could be taken into account. Removal compensation funds should be fully used for housing demolition compensation and resettlement without diversion. Without the agreement of the dispersion management, the dispersion may not use the relocation compensation fund and financial institutions cannot afford funds. Removal compensation for the use of oversight by the relocation management would be developed and published with financial administrative authorities. Article 2 should be subject to monitoring by law of urban home demolition activities, and the inspection units should provide information and information on the ground. Chapter III Removal compensation and resettlement Article 23. The demolition of houses with legal titles should be compensated by the dispersed. The legal property voucher provided in the preceding paragraph refers to the property rights certificate, the construction of engineering planning licences, information on property rights files or other valid property vouchers. Article 24 dismantles the temporary buildings that are unconstitutional and have been authorized for more than two years of time and the temporary commercial network (assessments) point without compensation, whichever is removed by all of its owners within 30 days of the date of departure from the house demolition permit; the late dispersion, the removal of the removal by the dispersed and the removal of the material removed from the owner. The removal of temporary buildings for the period of approval should be accompanied by monetary compensation in accordance with the baseline price approved by the municipalities and the communes' governments. Article 25 In addition to the provisions of the law, legislation and regulations, evictions were chosen by the dispersed. Article 26 determines the structure, use and building area of the demolition of the house, which is subject to the legitimate property certificate of the home. The People's Republic of China's Urban Planning Act of 1 April 1990 has changed the use of houses and continues to be used for changing purposes, and the dispersion may apply to the property registration sector within 5 days of the start of the relocation of the house demolition licence; and, in the case of conditions, the housing property registry sector should be registered within 10 days of the date of receipt of the request for a change in registration, in accordance with the purpose of the change registration. The amount of monetary compensation for the demolition of houses was agreed upon by the dispersed and the dispersed, in accordance with the baseline price and regulatory factors for the relocation of urban homes approved by the city, the people of the counties, and in accordance with the real estate market assessment price. Customary repairs and monetary compensation in the context of the right to land use, trees, greenlands, are determined in the light of the compensation criteria approved by the municipal and district peoples' governments. Article 28 redeploys the property rights of the home by the dispersion and the dispersion of the relocation of the property rights of the house in accordance with article 27 of this scheme. The construction area of the new housing facility should be based on the size of the capitalized mapping agency. The removal of subsidiaries from non-farm homes does not result in a transfer of property rights, which is compensated by the dispersion. Article 29, Removal of public goods, urban planning requires the re-establishment of the ground and the relocation of the person should be rebuilt; no claims are required for re-establishment and monetary compensation are paid to the dispersioners. Article 31, the demolition of persons belonging to special hardships in the lives of the house, whose construction area is lower than in the city, in the last year's per capita housing building area, should be provided by the dislocators when the home property is transferred. In accordance with the provisions of the preceding paragraph, their prices were higher than the amount of compensation for the dislocation currencies, and the relocation of homes and accommodations was not liquidated. The above-mentioned family population determines that family members who are documented and approved by the urban dwellers' family in the civil affairs sector shall not be determined by the guaranteed family members who have no immediate family or statutory support. Removals should be shown by the residence and family population determinations of the dispersion, which are 7 days of the eviction. Article 31 dismantled rental homes, one of the following cases, and the dispersion compensated the dispersed: (i) The removal of the lease relationship between the dispersed and the tenant; (ii) The relocation of the house tenant; (iii) Removals have been recovered by law. The dispersed were separated from the home tenants to enter into agreements for the lifting of the lease relationship, with the relocation of the house's property to the dispersed and the settlement of the house was continued by the original house tenants. Removals and former tenants should re-establish housing rental contracts. Article 32 Dismoval houses are housed or housed, which may be compensated by the dispersed as a result of the purchase of houses in accordance with the relevant provisions of the house. The housing tenant is not a property rights unit worker and is entitled to the treatment of the property rights unit. The removal of property rights units is either entirely or partially replaced with non-residents for residential purposes and, in addition to collective accommodation, compensation is provided in the preceding paragraph. Article 33 dismantled houses in accordance with the law and notified the mortgage-holders within 5 days of the date of the departure of the demolition of the house demolitions from the date of the eviction permit; and the dispersal provided compensation in accordance with the following provisions: (i) Removal of the mortgage contract or other mortgages, with the written consent of the collateral, and compensation for the dispersed; (ii) Failure to lift the mortgage contract and to liquidate it in accordance with the order of satisfaction provided for by the law. Article 34, which is being carried out by the People's Court of Demobilization, should remove the funds from the relocation as requested by the People's Court. Article XV of the demolition of houses is one of the following cases, and the relocation of demolitions was carried out by the dispersioner to propose the relocation of the relocation of the relocation management to review the agreement: (i) A property dispute; (ii) The whereabouts of the owner are unknown; (iii) There is no agreement on the way in which the house is compensated. The houses listed in the previous paragraph were removed and the demolitions should be preserved by evidence to the public accreditation body on matters related to the demolition of houses. The demolition of houses has the right to use disputes or the whereabouts of the tenants are unknown, taking into account the provisions of the previous paragraphs and II. Article XVI should pay for expediency support for facilities such as demolitions or tenants, telephones, cable television, air conditioners, in accordance with the criteria approved by the city, the territorial Government. Removals are responsible for the removal and rehabilitation of facilities and are not paid for the relocation of facilities. Article 37 should pay for relocation grants to house demolitions or tenants, in accordance with the criteria approved by the municipality, the people of the counties. Removal of non-residents is addressed in consultation with dispersed parties; consultations are incomplete and are co-organized by the dispersioning parties and the cost of relocation is borne by the demolitions. The relocation costs of non-residents include the following: (i) Removal of goods; (ii) Removal, relocation, installation and probationary costs for equipment; (iii) Equipment that cannot be recovered is associated with the cost of a new settlement based on the replacement price. Article 338 imposes monetary compensation for a temporary transition period of six months for the dispersed. The introduction of housing property rights transfers, which are accommodated for a temporary period of four months; the placement of a housing facility shall be restricted to the duration of the settlement agreement or the decision, the housing transition period shall not exceed 18 months and the non-residential transition period shall not exceed 24 months. During the interim transition period, the dispersed or house tenants themselves resolved the swing house, which should pay the temporary accommodation allowance in accordance with the criteria approved by the municipal, district and local governments. Removals should pay for temporary settlement grants for a period of time since the end of the year, in accordance with two times the criteria approved by the municipalities, the people of the counties; the swing house was provided by the dispersor; the temporary grant should be paid in accordance with the criteria approved by the municipal, district governments for the month of late. Article 40 provides for the suspension and suspension of work resulting from the demolition of non-residents, and during the transition period, the dispersion pays the cost of suspension, suspension of employment, in accordance with the standards approved by the city, the people of the counties. Article 40 states that the owner is entitled to housing in the form of property transfer and that the area of the house is equal to the area of the demolition of houses and is exempt from tax payments; the acquisition of homes in monetary terms, the price of the house is equal to the amount of monetary compensation for the dislocated house. Article 42, house demolitions involve public facilities or relocations of various line lines, all of whom should be relocated within the period of relocation under the house demolition permit, and the relocation requirements are borne by the dispersion. Chapter IV Article 43 needs to be determined in accordance with the real estate market assessment price to compensate the amount of the dislocated home currency, which is determined by the relocationr in consultation with the dispersed, as well as by an evaluation body (hereinafter referred to as the assessment body) for the demolition. The parties did not agree with the selection of an assessment body, which was determined by lots by lots of departure management by drawing lots; the relocation management should draw the time and place of the notice of the demolitions by 2 days of the drawing of lots. The assessment body has been determined by the dispersed to conduct the process of commissioning the assessment and to assume the assessment costs. Article 44 assesses the implementation of house demolitions by the evaluation body and should be subject to occupational ethics and this approach stipulating that, in accordance with the time frames for valuation of property and contractual agreements, the liquidation of the valuation operation shall not be carried out by the transfer of the valuation operation. Article 42 valuations for house demolitions are valued for the purpose of compensating for housing demolitions; the right to land-use in the area of house demolitions and house occupation; the date on which demolitions are provided for by the valuation point for the home demolition permit; the application of the value criteria to compensate for the price and regulatory factors for the relocation of urban homes approved by the city, the people of the district, in conjunction with the fluctuations in real estate market prices; and the assessment of prices should be accurate. Article 46 assesses the implementation of the valuation exercise by the evaluation body and the duty of the parties to dislocate to provide the assessment body with the legal, real information necessary for the destruction assessment and to assist in the assessment of the agency's survey site. The assessment body should inform the parties of the removal before the date of the survey. At the time of the survey, the dispersed were denied access to the site or refused to assess that the institution could be assessed on the basis of the legal property certificate of the relocation of the house and entrusted to the public accreditation body on the ground. Article 47 provides an indication of the price of the destruction assessment. Within 2 days of the completion of the valuation operation, the evaluation body should demonstrate the results of the relocation assessment in the area of separation. These include the name or name of the dispersed, the place of the house removed, the assessment factor, the assessment of the basis, the assessment of prices, the assessment of institutional addresses and telephones, the date of the communication and the seal of the assessment body. The dispersed may request assessment reports to the assessment body, and the assessment body has the obligation to explain the results to the dispersioning party. Article 48 Eighteen dispersed parties contested the results of the assessment, which could be validated from 10 days from the date of the assessment of the results, and the establishment of a real estate valuation mechanism within 5 days of the receipt of the identification request. The assessment body shall submit the necessary technical information to the Real Property Evaluator, which is obliged to explain to the identifier the basis for the destruction assessment, the manner used and the process leading to the assessment. Article 49 applied for the identification of the parties in order to validate the conclusions as the basis for the decisions of the organ of the decision; the failure to apply for confirmation of the outcome as the basis for the decision of the ruling organ. The identification costs are borne by the applicant. Chapter V Legal responsibility In one of the following acts, the demolition management is punished in accordance with the Regulations on the Removation of Urban Houses and the Modalities for Urban House demolitions in Angué Province: (i) Failure to obtain a housing demolition permit to carry out house demolitions; (ii) Access to housing demolition permits by means of deception; (iii) No demolitions are carried out in accordance with the range of evictions provided for in the home demolition permit; (iv) To entrust removal of units that do not qualify for evictions; (v) Authorized relocation units to transfer spoilers; (vi) The assessment body has not assessed the demolitions by law; (vii) Oriental extension of the period of relocation. Article 50 quaranted units of demolitions and the dispersion of the parties are maliciously collusion, which undermines the legitimate interests of the other party and should be liable under the law. Article 52, the staff of the Government organ, who have given false material to the dispersion of the parties, shall be treated in accordance with the law, constitute a crime and hold criminal responsibility under the law. Article 53 rejects, impedes, abuses, beatings and dispersed management staff to carry out their official duties under the law, and punishes the public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and criminalizes the law. Article 54 of the Convention on the Elimination of All Forms of Discrimination against Women and its staff have one of the following acts, warnings or seizures of the competent and other responsible persons directly responsible; serious circumstances, giving a notice until the removal; and legal accountability: (i) No specific administrative act by law; (ii) Be dispersed as a dislocutor or was entrusted with demolitions; (iii) Non-compliance by law with the responsibility to monitor the management of evictions; (iv) Toys negligence, abuse of authority, provocative fraud and corruption. Annex VI Article 55 presents the baseline price and the regulatory factor for the transfer of capital from the city, the city's city, and the city's administration. Other compensation for the demolition of urban homes in the city, the district, the subsidy criteria are developed by the relocation management and the same-level price administration, which is published after the approval of the Government of the same people. Article 56 of this approach is implemented effective 1 September 2004. The Regulation on Housing Democtation in Southern Towns, published by the People's Government on 26 October 1991, was also repealed. |
