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Requisition Of Collectively-Owned Land In Wuhan City Housing Units Management

Original Language Title: 武汉市征用集体所有土地房屋拆迁管理办法

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(Summit 13th ordinary meeting of the Government of the Republic of Vilhan on 24 November 2003 to consider the adoption of Decree No. 148 of 22 December 2003 No. 148 of the Order of the People's Government of Vilhan, which came into force on 1 February 2004)

Chapter I General
Article 1 guarantees the smooth conduct of urban construction and the legitimate rights and interests of the dispersed parties, in accordance with laws, regulations and regulations such as the People's Republic of China Land Management Act, the National People's Republic of China Land Management Act, the Land Management Act of the Kingdom of Great Lakes, and the Land Management of the Northern Province of Lake.
Article 2 is applied to house demolitions on collective land in this city and is required to compensate the disloans for their relocation.
Article 3 of this approach refers to the use by law of all land-related approval documents. The dispersion refers to the legitimate owners of the house destroyed and its subsidiary objects.
Article IV, the competent land administration authorities in Benin City to apply for the management of all collective land demolitions in the area of development of new technologies in the Lake Hanoi, Gianghan, (notes: the left side, the right side is the job, Hann, Vuk, Xi, Hun Mountains and Vavu, and the implementation of the implementation of collective land demolition management in the area of the development of new technologies in the south-east.
The executive authorities of the East and West lakes, Hannan, Kungi, New continents, Jangong District are responsible for the implementation of collective land demolition management in the area.
Areas in which the displaced persons are located, the communes (communes), the Government of the People's Republic, the Street Office, the Village (LNL) Commission and the relevant government departments should be aligned and supportive of the management of the demolitions by land administration authorities in line with their respective responsibilities.
Chapter II
Article 5 may apply to land administration authorities for a suspension of the following matters within the limits of the use of the land administration after obtaining the approval of the document by the territorial units:
(i) New residential base and other construction sites;
(ii) Approval of new construction, alteration and expansion of homes;
(iii) Removal and sub-householding at the household level;
(iv) The registration process for the registration of commercial registration sites for house demolitions;
(v) Changes in homes, land use.
After approval by the land administration authorities of the application of the territorial unit, the authorities should notify the relevant authorities in writing of the matters listed in the previous paragraph for the suspension of the proceedings and, within the scope of their publication. The deadline for the suspension of the matter has been calculated from the date of the announcement to no more than 12 months.
During the period of suspension, the matter set out in paragraph 1 of this article was not determined when the house was removed.
During the period of suspension, evictions of retired persons, university students and persons who have been released in prison, and the repatriation of officers to their homes may be taken into account by the public security sector. The public security sector should be replicated to the land administration authorities in a timely manner, following the process of relocation of the household.
Article 6. Upon the release of the programme announcements, land units should be used to compensate for house demolitions within the area of land confiscation and to report on land administration authorities. The housing demolition compensation scheme should include the following:
(i) The situation of house demolitions within the area of recruitment;
(ii) Period of relocation;
(iii) Modalities of evictions;
(iv) Modalities and duration of resettlement;
(v) The construction of the required homes and related information, proof;
(vi) Reimbursement funds and plans for use;
(vii) Other views relating to housing demolition compensation.
Article 7. Land administration authorities should review the programme for the relocation of demolitions submitted by the demolitions and, together with the Removal Resettlement Programme, make public statements to hear the views of the rural collective economic organizations and the farmers of the occupied land. The Reimbursement Programme was approved by the Land Administration authorities.
The introduction of house demolitions must not go beyond the authorized evictions and removal deadlines.
Article 8. During the relocation period provided for in the Land Administration's Bulletin, demolitions and demolitions shall enter into housing resettlement agreements on matters such as compensation, resettlement, in accordance with the provisions of the scheme and approved compensation settlement programmes. The agreement should specify the form of reparation, the compensation criteria, the manner of settlement, the duration of relocation, the duration of the temporary settlement, and the breach of responsibility.
The removal indemnity settlement agreement concluded by law shall be subject to compliance by both parties and any party shall not be competent to change the content of the agreement.
Article 9. The model text of the settlement agreement was developed by the municipal land administration authorities.
Article 10. During the period of evictions of the notice, the demolitions were not processed in consultation with the dispersed, and in accordance with relevant national and provincial provisions.
Chapter III Removal compensation and resettlement
Article 11. Removal of houses within the line of separation, which may be accommodated by monetary compensation or by means of relocation of home property rights; conditions are granted by law, may be centralized by rural collective economic organizations to build multi-scale homes; confirmation of the need for agricultural production and the amount of per capita arable land to be achieved or exceeded by the entire city, and in accordance with the conditions approved by the home base, may apply for the approval of the home base.
The demolition of houses other than the separation line may choose monetary compensation, property transfer or other residential bases. Conditionalities may also be integrated by rural collective economic organizations, in accordance with the model of farmers' communities.
Article 12. Instituting monetary compensation for resettlement, the dispersion shall pay compensation to the dispersed. The compensation is determined in accordance with the resupply of the dismantled house and the reimbursement rates for the home area. The housing replacement rate is developed by the municipal price administration authorities with the housing sector.
Reimbursement in the home base area is determined in different areas. The shores of the Giang, Hanland, (coupernotes: the left side is stoned, the right-side is the slogan, Hans, Warch, Xang, Huntland and Vhan Economic Technology Development Zone, the area of the new technology development area of the Lake Han East Lake, which is situated in the area of the overall planning of cities in the city of Vavu, divided into three categories: the area in which the type of area is located within the trajectory (contrajecting the trajectory), and the subtropolitan area between the traject area and the three subtropolitan area. Specific compensation rates are developed by the municipal price administration authorities with municipal land administration authorities.
The housing base area within the framework of the East Lake, Hannan, Kungi, Newsia, Jijiang, and its compensatory price standards are developed by the peoples' governments of all regions, with approval by the municipal price administration authorities, the municipal land administration authorities.
Instituting monetary compensation for resettlement, the dispersion is eligible for the purchase of affordable housing.
Article 13 provides for the introduction of a transfer of property rights, and the relocation of the dispersed and the dispersed shall determine the relocation indemnity as provided for in article 12 of this approach and resolve the difference in the assessment of housing.
Article XIV, which focuses on the construction of a large number of house demolitions by rural collective economic organizations, shall be compensated for by the dispersion of the displaced by virtue of article 12 of this approach; the manner, standards, etc., in which the rural collective economic organization should seek the views of the dispersed and the cost borne by the dispersed.
Separate approval of the relocation of the home base shall be made for the removal of the dispersed to be compensated under the criteria set out in article 12 of this scheme by the dispersed person for the location of the approved residential base and the construction of the landing house, which is to be borne by the dispersed.
The construction of homes in accordance with paragraphs I and II of this article should be in line with urban planning, land-use master planning and new village planning for farmers.
Article 15. Removal of homes and the relocation of the dispersed persons to compensate for the relocation of the dispersed in accordance with the 1 home base. The area of land, construction area, which was removed from homes in the context of the demolition compensation, should be determined in accordance with the authorized area. The land area of the demolition of houses was under 60 square meters, with no other housing in the current city and the land area of the demolition was determined by 60 square meters.
The Land Management Act of the People's Republic of China, which was established prior to its implementation and occupied lands, did not obtain a corresponding certificate and approval of documentation by the competent authorities, provided that the village was permanently housed by the dispersed persons and that the specific approach was provided by the municipal land administration authorities.
Article 16 states that the land area identified in the demolition indemnity is based on the area of land-use registration; no land-use certificate is obtained but legally approved, based on the authorized area.
Removal compensation determines the area of house buildings at the home base, based on the area registered in the home title certificate; the absence of a housing title certificate but the approval of the construction of the housing document by the administrative authorities.
Article 17 defines the use of home houses for productive activities and licenses for business operations, according to the home, but provides appropriate operating compensation for the construction portion of their area actually used. Specific compensation criteria are implemented in accordance with the relevant provisions of the relocation of urban homes.
Article 18, which is reimbursed by this method, shall also be paid to the relocation grant and the temporary accommodation allowance or the provision of transitional housing. Specific criteria for housing relocation grants and temporary settlement grants are implemented in accordance with the relevant provisions of the relocation of urban homes.
Article 19 Demobilization shall pay to the dispersed persons the relocation indemnity of the facilities such as telephones, air conditioners, water tables, electricity tables, cable television, pipeline gas, and specific standards shall be implemented in accordance with the relevant provisions of the relocation of urban homes.
Article 20 dismantled houses of non-communication of rural collective economic organizations, which should be compensated for the dispersion of displaced persons in accordance with the housing resupption rates, and land occupied by the house is compensated for the dispersion of persons under the standards set out in the Vilhan City for collective land compensation scheme.
The removal of non-resident houses, in addition to the compensation provided in the preceding paragraph, should also be compensated for the removal of persons by reason of fact:
(i) Removal and installation costs for equipment based on freight prices for goods, equipment installation prices established by the State and the city;
(ii) The costs associated with new settlement of equipment that cannot be recovered;
(iii) Removal, suspension and compensation for evictions;
(iv) A commercial home shall be compensated by its area of operation.
Article 21, the removal of illegal buildings and temporary buildings that exceed the period of ratification shall not be compensated; the removal of temporary buildings that have not been approved by law for the period of ratification shall be duly compensated in the light of the residual period.
The purpose of the second article is to be determined in accordance with the purpose of the planning approval; there is no planning for approval by the land administration authorities for registration purposes based on land-use certificates; it is still unable to determine the use of the demolition of houses, which are determined by the home.
Chapter IV Legal responsibility
Following the conclusion of the Second XIII Agreement on Housing Demobilization, the relocation of the dispersed or the tenant of the house was refused to relocate within the period of relocation, which could apply to the Arbitration Commission in accordance with the law and may also be prosecuted by law to the People's Court.
Article 24, Staff of the Land Administration and the relevant departments play a role in defeasing, abuse of authority, provocative fraud, which constitutes criminal responsibility under the law; it is not a crime and is subject to administrative disposition by law.
Chapter V
Article 25 occupies the collective land of the village and the land of the State's agricultural land by law, and their house demolitions are reimbursed and implemented in the light of this approach.
The specific application of this approach is explained by the municipal land administration authorities.
Article 27 of this approach is implemented effective 1 February 2004.