Guangxi Zhuang Autonomous Region, Implementing The Regulation On Urban Housing Demolition Administration Rules

Original Language Title: 广西壮族自治区实施《城市房屋拆迁管理条例》细则

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(July 4, 2003 the people's Government of Guangxi Zhuang Autonomous Region at the 7th Executive meeting on July 22, 2003, the people's Government of Guangxi Zhuang Autonomous Region announced 4th) Chapter I General provisions article in order to enhance the management of urban housing units, maintaining the legal rights of parties involved in the demolition to ensure construction projects proceed smoothly, according to the urban housing units regulations (hereinafter referred to as the regulations), combined with this practice, these rules are formulated.
    Article on State-owned land in the urban planning area of the autonomous regions to implement housing units, and compensation and resettlement needs to be demolished, these rules shall apply.
    Urban house demolition article III must comply with town planning, urban renewal, improve the ecological environment and cultural relics protection.
    Fourth Party shall, in accordance with the provisions of this rule, give compensation and resettlement to be demolished; was demolished during the relocation period should be to complete the relocation.
    Demolisher mentioned in these rules refers to obtain a demolition permit.
    Referred to in these rules are relocated, refers to the owner of the House to be demolished.
    Article fifth autonomous region construction administrative departments supervise and administer the work of the province urban housing units.
    Construction of city and county administrative departments or a lawfully established specialized housing demolition management sector (hereinafter referred to as housing demolition management) within their respective administrative areas implementation supervision and management of urban housing units.
    Land and natural resources, public security, industry and Commerce above the county level, environmental, cultural and other relevant departments shall, within their respective areas of responsibility in accordance with law help housing units management departments of housing demolition management.
    Sixth chapter demolition management relocation housing units made after the demolition permit, removal can be implemented.
    Seventh article application received housing demolition license of, should to housing location of city, and County housing demolition management sector submitted following information: (a) housing demolition application report; (ii) construction project project approved file; (three) construction with to planning license; (four) construction project of State-owned land right approved file; (five) demolition plans and demolition programme; (six) handle deposits business of financial institutions issued of demolition compensation placed funds deposits proved.
    The preceding paragraph (e) provides relocation planning and relocation programmes shall include the demolition people, demolishes, demolition range and units within the housing of the base, demolition, relocation implementation period, forms of compensation, relocation incentives and compensation funds, placement and working with implementation. The first paragraph of this article (vi) provision of deposit amount shall not be below the house demolition compensation funds with a total budget of 80%, rehousing by demolished buildings can price into account.
    The deposit amount and place in value and lack of house demolition compensation funds with a total budget of, by the demolished housing demolition administration within the stipulated period.
    Eighth house demolition Management Department shall demolish demolition applications received within 30th of, to submit application materials for the review upon review, the application information is complete, true and valid, issuing demolition permits.
    Nineth housing demolition management departments should be since the date of demolition permits issued within the 5th, housing demolition and construction projects set forth in the license name, demolition man, demolition range, such as relocation, relocation implementation unit, in the form of housing demolition notices are published.
    Housing demolition management and relocation of people should be dismantled to step up publicity, explained the work in a timely manner.
    Article tenth demolish demolition of housing demolition permit should determine ranges and dismantlement period, implementation of housing demolition. Demolition permit housing units for a maximum period of 1 year. Demolition failed to do so within the time provided in the demolition, relocation deadline may be extended appropriately.
    Need to extend the removal period, the demolisher shall, on the expiry of the demolition before the 15th, postponed the demolition application to housing demolition management; postponed demolition applications received housing units Management Department shall reply within 10th of.
    11th demolishes own demolition, demolition or Commission housing demolition entity.
    House demolition is a legal entity and shall obtain the housing demolition license, commissioned by the demolition man, demolition of the housing units.
    Housing demolition management departments shall not as a party, must not accept relocation Commission.
    12th house demolition unit shall meet the following conditions: (I) has registered capital of more than 500,000 yuan (ii) compatible with the demolition business professionals such as engineering, economics, finance, and (iii) has 5 more than the demolition permits persons; (d) the other conditions stipulated by laws, rules and regulations.
    13th house demolition unit housing units made after certification, before engaging in the demolition business. House removal certificate issued by the construction Administration Department of the autonomous region. Construction Administrative Department of the autonomous region shall be from the date of receipt of the application in the 20th, to apply for a review of the units engaged in the demolition business.
    To comply with the conditions specified in rule 12th, issuing demolition qualification.
    Article 14th personnel engaged in demolition work shall be conducted through the relevant legal knowledge and training, assessment, housing demolition management made after issuing the demolition permit, shall not be engaged in building demolition work.
    When demolition work crews should wear a demolition permit; not wearing it, demolition man, the lessee has the right to refuse to consult.
    15th of units engaged in the demolition business, should have the appropriate qualification of construction enterprises. Demolition of 16th party delegate, shall be commissioned by the demolition issue a power of Attorney, and a demolition contract.
    Demolisher shall from the date of demolition contract entered into in the 15th, demolition contract local housing units Management Department.
    Mandated demolition unit shall not transfer the demolition business.
    When their demolition unit removal is being, shall show the power of attorney.
    Article 17th demolished after the announcement of the housing demolition permit to determine, demolition within the unit or individual may engage in the following activities: (a) the new construction, expansion, renovation, decoration and attached facilities, (ii) changes in housing and land use, (iii) establishment of new rental housing. Housing demolition Administration on matters listed in the preceding paragraph, notify the land and natural resources, real estate, business, planning, and other relevant departments to suspend relevant formalities. Written notice of suspension shall include the period of suspension.
    Period of suspension shall not exceed 1; demolished necessary to extend the period of suspension, must be approved by the housing demolition management, extend the period of suspension shall not exceed 1 year.
    Article 18th party and dismantled relocation compensation agreements should be entered into.
    Demolition of rental housing, relocation shall be demolished, the lessee of housing relocation compensation agreement entered into.
    19th to be demolished, lessee of housing demolition date of the licensing legal and valid certificate, rental housing vouchers, rental contract terms, compensation by the demolished according to family.
    Signed relocation compensation agreements with the party that was demolished, the housing tenants, property owners and rental of public housing contained documents, contained in the lease contract the lessee shall prevail.
    20th relocation compensation agreements should include the following elements: (a) the floor space of the House to be demolished (ii) amount of monetary compensation, (iii) compensation (iv) removal period, removal of transitions and transitional period and (v) other matters need to be agreed by the parties.
    Introduction of housing property rights Exchange, compensation settlement agreement should also include the housing area, location and level of such matters.
    Compensation settlement agreement model formulated by the autonomous construction Administrative Department, used a basis for parties involved in the demolition.
    Demolisher shall from the date of relocation compensation agreements entered into in the 10th, to send the relocation agreement for compensation and resettlement housing units Management Department.
    Article 21st escrow demolition of the housing needs of housing demolition management, compensation settlement agreement must be approved by the notary, and the preservation of evidence.
    22nd demolished living outside demolished and private home owners, their agents, housing persons responsible for notifying the relocation compensation formalities all the private houses belonging to empty houses, the demolisher is responsible for notification.
    Housing first approved the demolition of the demolition permit expires, still does not notice to be removed all the private houses, units shall be demolished housing survey record, to a notary compensation for evidence preservation, deposited, and proposes to use temporary resettlement programmes, housing demolition Administration approval of demolition to make way. Article 23rd compensation settlement agreement, dismantled or the lessee during the term of the relocation refused to move, the demolisher may apply to the Arbitration Commission for arbitration according to law or court.
    During the arbitration or litigation, the demolisher provide rehousing or compensation funds, may request the people's Court according to law to be enforced.
    24th demolisher and dismantled or lessee over house demolition permit relocation of the term no compensation settlement agreement, application, from housing demolition Administration rulings; housing demolition administration was dismantled, by the people's Government at the decision. 25th House relocation department or city and county governments should be received within 30th of ruling the Party Award application.
    Before the verdict, ruling sector should fully listen to opinions from all sides in the form of a hearing. Award shall contain: (a) the name and address for a ruling party; (b) the facts and grounds for a ruling, and (iii) decision findings of fact (iv) decisions based on the results and (v) ruling party ruling may apply for administrative reconsideration or bring an administrative suit the ways and terms (vi) decisions Department name and date.

    Not satisfied with the decision of the parties, within 60 days from the date of service of the decision may apply for administrative reconsideration of the administrative body that has jurisdiction, or within 3 months from the date of service of the decision to the Court.
    Demolished in accordance with the provisions of this rule have been dismantled, lessees to provide rehousing, working space or monetary compensation, administrative review and do not stop execution of the demolition during the proceedings.
    Article 26th dismantled or tenant relocation does not move within the time limit specified in the ruling, housing the seat of city and county governments entrusted the housing demolition Management Department, Ministry of public security and other departments concerned forced evictions, or from housing demolition management in accordance with the people's Court for mandatory minimum.
    Relevant departments of the city and county governments to entrust enforcement, shall be notified in advance 5th party.
    Before implementing the forced relocation, demolition and related matters shall be the demolition of houses, the notary evidence preservation. 27th being demolished, the lessee should be placed in compensation agreements or decisions within the removal term, responsible for people moved out of the House.
    House fails to move out, regarded as being demolished, the lessee is not to complete the relocation.
    28th demolished municipal construction project, be demolished and its higher authorities must obey the building needs, according to the project requirements, ensuring regular relocation.
    29th House to be demolished has one of the following, by the proposed demolition demolition compensation and rehousing schemes, reported to housing demolition administration examination and approval of demolition of: (a) a property dispute; (b) property missing; (c) the owner could not be determined for the time being.
    Before the demolition, demolition and related matters should be demolished, to a notary compensation fees for evidence preservation and deposit and withdrawal.
    30th demolition involved in military facilities, churches, monasteries, cultural relics and historic sites, as well as foreign embassies (consulates) housing, shall be handled in accordance with relevant laws and regulations.
    31st transfer construction projects that have not completed the relocation compensation, should be agreed by the housing demolition management and go through the change procedures for demolition permits; housing demolition management changes should be housing demolition permit related content shall be published. Transfer of a construction project, the original compensation settlement agreement or award as set out in the relevant rights and obligations with the transfer to the assignee.
    The assignor and the assignee shall be notified in writing of the project to be demolished, and within 30th since the date of the signing of the contract of assignment should be publicly announced.
    Article 32nd perform demolition demolition compensation funds should be used to house demolition compensation shall not be diverted to any other use.
    House removal compensation funds should be established by management supervision system, strengthen supervision over compensation funds.
    Article 33rd housing demolition management departments should establish and perfect the relocation file management system, strengthen the management of demolition records.
    Chapter III compensation and placed 34th demolition shall be in accordance with the provisions of this rule, giving compensation to be demolished.
    Demolition of illegal buildings and in excess of the approved duration of temporary buildings, without compensation; removal does not exceed the limit for temporary structures, monetary compensation, monetary compensation is calculated as: = temporary construction replacement value monetary amount of compensation remaining period ÷ x approved the use of the term replacement value referred to in the preceding paragraph refers to demolition permits the issuing date of the temporary construction of the replacement price.
    35th compensation can be monetary compensation may also implement a property rights Exchange.
    Article 38th, 41st, could be subject to this paragraph, 43rd, the provisions of the second paragraph, people can choose the way the compensation to be demolished.
    Article 36th the amount of monetary compensation, according to location, use of the House to be demolished, floor space and other factors, market appraisal of real estate prices.
    Location refers to the Housing Authority for housing in urban planning in a strategic location.
    Floor space of buildings is the house ownership or other legal documents indicate the construction area. Housing is the housing marked uses.
    Housing is not indicated, is subject to property records; ownership file is not recorded, to planning approval by the Administrative Department of planning permit of construction land use shall prevail.
    37th House to be demolished monetary compensation is calculated as: currency amount = price x by relocation housing real estate market evaluating floor space of buildings to be demolished price referred to in the preceding paragraph, refers to the price per square metre floor space. Real estate market evaluating price lower than the minimum price of compensation, calculated according to the minimum price.
    Minimum unit price refers to the House to be demolished the same lot, similar structures have been publicly traded an average residential housing market price, specific criteria established by the city and county governments. Article 38th decoration of the houses had to be demolished, except removable decoration parts, materials, decoration parts should be monetary compensation. Home improvement of monetary compensation is calculated as: housing renovation housing decoration reset = price x the amount of monetary compensation (standard life physical life-decoration) ÷ standard life House decoration replacement value referred to in the preceding paragraph refers to the demolition date of licensing the same grade the replacement value of the home improvements.
    Standard service life is: (a) residential housing 10 years; (b) Office space for 7 years, and (iii) shops, hotels, restaurants and other commercial space for 5 years.
    House decoration minimum monetary amount of compensation shall not be lower than housing decoration replacement value in 20%.
    39th demolition shall entrust a legally established property assessment agencies to evaluate the houses demolished, determining monetary compensation standards of the house demolition compensation programme. Dismantled disagrees with the assessment of the compensation scheme, can be demolished and demolishes the common housing demolition commissioned assessment contract signed, commissioned to assess the real estate appraisal institutions established by law.
    Assessment of costs borne by both. Removal on assessment results are still disputed by the parties, a party from the date of receipt of the assessment report can be demolished in the 15th seat of the prefecture-level city of housing demolition management organization removed building appraisal Expert Committee for identification.
    Removed building appraisal Expert Committee of the appraisal measures and identification of costs borne by the construction Administration Department of the autonomous region.
    Demolition parties in 15th after receiving the assessment report does not apply to assess the results as a basis for compensation and decisions; apply to identify the results as a basis for compensation and decisions.
    40th house demolition article assessment should comply with the relevant national real estate valuation standard, follow the principles of a reasonable assessment, use of appropriate evaluation methods.
    Base date for demolition demolition date of licensing.
    Article 41st House property rights Exchange, demolition man and dismantled in accordance with the rules of 36th, 37th, 38th, the provisions of articles, calculate the amount of compensation be demolished and replaced by housing prices, settlement of property rights exchange difference.
    Adjunct of the non-public housing demolition, no property rights Exchange, monetary compensation is given by party.
    42nd demolition of public housing, relocation shall, in accordance with relevant laws and regulations and the requirements of urban planning to rebuild, or monetary compensation.
    Article 43rd units rental housing was demolished and housing tenant termination of lease relations, or demolishes the lessee is placed, demolisher compensate dismantled. To be demolished with lessee on termination of lease relations cannot reach agreement, the party imposed should be demolished housing property rights Exchange.
    Property rights exchange houses the original lessee of the lessee, shall, together with the original lessee to be demolished again entered into a lease agreement.
    44th demolition shall be provided in accordance with national quality and safety standards and building facilities to require housing, and resettlement.
    Introduction of housing property rights Exchange, demolishes houses in two or more locations should be provided, people choose to be demolished.
    45th with the article demolition of mortgage housing demolition should the mortgagor and the mortgagee according to law after clearing the debt or mortgage housing again, was demolished for compensation and resettlement.
    Removal period, the mortgagor and the mortgagee was not cleaned up debtor-creditor relationship, do not re-mortgaged houses, the demolisher of monetary compensation against the dismantled, the demolition of compensation shall be deposited with the notary authority.
    Removal shall apply for evidence preservation and compensation for housing to be demolished after the agreement to inform the mortgagee, the demolition of houses.
    Article 46th demolition shall be demolished or lessee to pay relocation allowances. Residential housing floor space of buildings to be demolished 3-7 yuan per square meter to pay relocation allowances, specific standards by the municipal and county governments according to local price levels.
    Temporary swing space arrangements, he shall pay two relocation allowance.
    Non-residential housing according to the actual removal of goods and equipment disassembly, transport prices paid moving allowances.
    House to be demolished in the telephone, cable television networks, air conditioning and electricity and water supply facilities such as migration, local migration installation payment of relocation allowance.
    47th dismantled or lessee of property rights Exchange requires a temporary transition during the transitional period, to be demolished or lessee to arrange accommodation, relocation shall pay the temporary resettlement from relocation provides temporary swing space, the demolisher not paid for temporary resettlement.
    Floor space of buildings to be demolished temporary resettlement 3-8 yuan per square meter per month, or with similar houses to be demolished lots, residential rental market pay of similar structures, specific criteria established by the city and county governments.
    Monetary compensation, relocation shall be demolished temporary resettlement of lump-sum payments for 3 months. 48th demolition may be supplemented, the extension of the transition period, swing space shall timely make use of swing space back.

    By demolition man's responsibility to extend the transition period, to arrange their own dwellings were demolished or lessee shall within 6 months months of overdue double pay for temporary resettlement, overdue for more than 3 times more than 6 months to pay.
    Users of swing space, shall within 6 months months of overdue payment of temporary resettlement, more than doubled to pay overdue for more than 6 months temporary resettlement.
    49th for demolition resulted in layoffs, closure of non-residential housing, relocation of people should pay appropriate compensation, the specific amount of compensation determined by the demolition parties.
    Chapter fourth penalty 50th article violates these rules, did not obtain a demolition permit, unauthorized demolition of the implementation, by house demolition article 34th management departments in accordance with the regulations shall be ordered to stop demolition and give a warning, and has demolished a building area of less than 20 Yuan and 50 Yuan per square meter fines.
    51st demolition who contravenes the provisions of this rule, obtain demolition permits by deception, by housing demolition management departments in accordance with article 35th of the regulations revoked the demolition permit housing and demolition compensation money and fined not more than 1% more than 3%.
    52nd article demolition people violation this rules of provides, has following behavior one of of, by housing demolition management sector according to Ordinance 36th article provides ordered stop demolition, give warning, can and at demolition compensation placed funds 3% following of fine; plot serious of, revoked housing demolition license: (a) not by housing demolition license determine of demolition range implementation housing demolition of; (ii) delegate not has demolition qualification of units implementation demolition of; (three) unauthorized extended demolition term of.
    53rd entrusted the demolition violates the provisions of this rule, transfer of demolition business, from housing demolition management in accordance with the 37th of the Ordinance shall be ordered to correct, confiscate the illegal income, cost of relocation services and a contract of 25% up to 50% the fine.
    54th article seventh could be demolished in violation of the provisions of the third paragraph, not complying with the provisions of the administration of the housing demolition period make up compensation funds, the housing demolition management authority shall order to stop the demolition, period make up the compensation funds.
    55th house demolition unit without housing demolition license, arbitrarily engaged in the demolition business, from housing demolition Management Department be ordered to desist from the illegal act and illegal income fined not more than twice times more than 3 times. 56th article housing demolition management sector negligence, and abuse, and engages in, has following case one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) violation Ordinance and this rules provides issued housing demolition license and other approved file of; (ii) issued housing demolition license and other approved file Hou not perform supervision management duties of; (three) violation Ordinance
    And demolition decisions in these rules, (iv) breach of the regulation or these rules provide for mandatory minimum (v) discovered violations not investigated; (vi) dereliction of duty, abuse of authority or engages in other activities.
    Fifth chapter supplementary articles article 57th in the urban planning area of the autonomous region in land and urban planning implemented on State-owned land in another area, housing units, and need to be demolished the compensation and resettlement, governed by these rules by analogy.
                                                                                            58th article this rules shall take effect on September 1, 2003.