Key Benefits:
(Prelease No. 4 of the People's Government Order No. 4 of 22 July 2003 of the Broad-Fin-Autonomous Region) Chapter I General Article 1, in order to enhance the management of urban house demolitions, to preserve the legitimate rights and interests of the parties to the demolition, to ensure that construction projects are successfully carried out in accordance with the Urban Housing Democtation Regulation (hereinafter referred to as the Regulations) and to develop this rule in conjunction with the self-government area. Article 2, State-owned land demolitions in the area of urban planning in the self-government zone, require compensation, resettlement and application of this rule. Article 3. Urban house demolitions must be in line with urban planning, which is conducive to urban rehabilitation, ecological environmental improvement and protection of monuments. Article IV. Demobilizing persons shall be compensated, resettled and resettled to the dispersed, in accordance with the provisions of this rule, and the removal shall be completed within the time 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. Article 5 Municipal, district-building administrative authorities or sector specialized in the management of house demolitions (hereinafter referred to as house demolition management) are governed by the supervision of the relocation of urban homes within the present administration. Relevant sectors such as land resources, public safety, business, environmental protection and culture at the district level should assist in the management of house demolition management in accordance with their respective responsibilities. Chapter II Article 6. The demolition may be carried out after the units that dismantle the house have obtained a permit for house demolitions. Article 7. Applications for permission for home demolitions should be made available to the urban and district housing demolition management in the home area for the following information: (i) Report on the relocation of homes; (ii) Construction of project approval documents; (iii) Building land planning licences; (iv) Authorization of national land use rights for construction projects; (v) Removal plans and demolition programmes; (vi) Financial institutions dealing with deposit operations have issued credits for the relocation of funds. The demolition and demolition programme, as set out in paragraph (v) above, should contain basic conditions for demolitions, evictions, demolitions and house demolitions, demolitions, removal deadlines, compensatory forms, removal incentives, and relocation of funds, resettlement and swing houses. The amount of deposits provided under paragraph 1 (vi) of this article shall not be less than 80 per cent of the total budget for house demolitions, and the accommodations provided by the dispersal may be taken into account. The amount of the deposit was added to the total budget for the relocation of the house value and under-removable house demolitions, which was to be filled by the dispersioner within the time period specified by the house demolition management. Article 8. Housing demolition management shall review the submission of requests for information within 30 days of the date of receipt of the request for demolitions; and, as a result of the review, provide for complete, real and effective issuance of home demolition permits. Article 9. The house demolition management shall be made public in the form of a home demolition announcement within five days from the date of the issuance of the home demolition permit. Housing demolition management and demolitions should be disseminated and explained to the dispersed. Article 10. Demobilizing persons shall carry out house demolitions within the period of relocation and demolitions determined by the home demolition permit. The housing demolitions stipulated in the home demolition permit are up to one year. The relocation of persons was unable to complete the demolition within the prescribed period and the period of relocation could be extended appropriately. There is a need to extend the period of evictions, and the relocation of the demolitions should submit requests for extensions to the house demolition management by 15 days of the expiry of the relocation period; the housing demolition management should respond within 10 days from the date of receipt of the extension request for demolitions. Article 11. Demobilization may be removed by themselves or by house demolition units. The house demolition unit is a legal personality and is granted a housing demolition certificate under the law, and the dispersion has been delegated by the dispersal and the unit for house demolition. The house demolition management shall not be allowed as a dispersion and shall not be delegated to demolition. Article 12 Housing demolition units should have the following conditions: (i) More than 500,000 registered capitals; (ii) Professionals, such as engineering, economic, financial, etc., that are adapted to demolition operations; (iii) More than five persons holding home demolition cards; (iv) Other conditions under the laws, regulations and regulations. Article 13, when the housing demolition unit obtains a housing demolition certificate, it may engage in house demolition operations. The qualification of house demolitions is provided by the construction of administrative authorities in the self-government area. The administrative authorities in the self-government area should review units applying for house demolition operations within 20 days of receipt. In order to meet the conditions set forth in Article 12 of the present Rules, a nuclear-weapon-free home demolition certificate is granted. Article 14. Persons engaged in dismantling should be able to carry out home demolitions through training, examination, on legal and operational knowledge, and access to home demolitions issued by the house demolition management. Removals should be allowed to house demolitions when they operate for house demolitions; unpredicted evictions, house tenants have the right to refuse consultation with them. Article 15 units engaged in house demolition operations should have the corresponding qualifications of construction enterprises. Article 16, the demolition of the evictions, should be delegated to the authorized removal units and the contract for the removal of the evictions was concluded. Removals should be sent within 15 days of the date on which the contract was delegated to the local housing demolition management. The dispersed units entrusted may not transfer demolition operations. In the case of evictions carried out by the authorized units, a letter of commission should be presented. Article 17 (i) New construction, expansion, alteration, renovation and renovation of homes and their subsidiary facilities; (ii) Changes in homes and land use; (iii) New housing rental relations. The home demolition management shall notify, in writing, of matters listed in the previous paragraph, of the suspension of the procedures in the relevant sectors, such as land resources, housing, business and planning. The suspension of written notice shall contain the period of suspension. The duration of the suspension shall not exceed one year; the demolition will require the extension of the period of time, with the approval of the house demolition management and the extension of the period not exceeding one year. Article 18 Demobilization and the relocation of the dispersed should enter into resettlement agreements. The demolition of rented homes should be negotiated with the dispersed and the home tenants. Article 19 is lawfully effective property rights certificates, rental vouchers, home rental contracts, and settlement by the dispersioner, on the date of the release of the house demolition permit. The demolitions, house tenants and tenants of the settlement agreement were concluded with the dispersed, and all persons identified in the property rights certificate and the rental of public housing vouchers, as well as the housing rental contract. Article 20 (i) The area of construction of houses removed; (ii) Currency compensation; (iii) Reimbursement of resettlement; (iv) Terms of relocation, relocation and transition periods; (v) Other matters to be agreed by the parties. The introduction of a home property transfer should also include matters such as the area, location and level of housing. The model text of the Removal Restitution Agreement was developed by administrative authorities in the self-government area for the use of the parties. Removals should be sent to the management for house demolitions within 10 days from the date of the agreement on relocation indemnity. Article 21, house demolitions are required to be dismantled and the relocation indemnity agreement must be publicized by the public evidence and preserved by evidence. All persons who have been removed from private homes live outside the scope of demolitions, by their agents, home users, to inform the owner of the house of the relocation indemnity process; and by the dispersion. For the first time the demolition of houses was approved, it was not possible to inform all those who had been removed from private homes that the demolitions should be kept in the survey records of the house demolitions, to provide evidence to the public accreditation authorities for the maintenance, compensation payments and to propose temporary resettlement programmes for the use of homes, which could be removed after the approval of the house demolition management. Article 23, after the conclusion of the settlement agreement, the dispersed or rented persons refused relocation within the period of relocation, may apply to the Arbitration Commission in accordance with the law and may also be prosecuted before the People's Court. During arbitration or proceedings, the dislocators provide the appropriate accommodation or compensation funds, which may be applied by law to the People's Court for implementation. Article 24 of the Convention on the Elimination of All Forms of Discrimination against Persons from Enforced Disappearances or Housing Tenants whose period of relocation is not the result of the demolition settlement agreement, with the application of the party, the decision of the house demolition management; and the management of house demolitions is a dispersed person and is decided by the same-ranking people. Article 25 Housing Demobilization Management or the Municipal and District People's Government shall rule within 30 days of receipt of the party's decision. Prior to the decision, the ruling sector should fully listen to the views of the parties, including through hearings. The content of the ruling should include: (i) The name and address of the party requesting the decision; (ii) The facts and reasons for the application of the decision; (iii) The facts determined by the decision; (iv) The findings and the basis of the decision; (v) The decision of the party not to determine the means and duration of the application for administrative review or administrative proceedings; (vi) The name and the date of the decision. The parties may apply for administrative review to the competent administrative organs within 60 days of the date of the transfer of the judgement, or to the People's Court within three months of the date of the award. In accordance with the provisions of the present Rules, the demolitions have provided accommodations, swing houses or monetary compensation to the dispersed, the execution of demolitions during the proceedings. Article 26 is left unmoved within the period of relocation under the decision by the dispersed person or by the tenant of the house, by the city of the place of the house, by the Government of the people of the county, by which the house demolition management, the public security sector, etc., or by the relocation of the house to the people's courts for forced evictions. The municipalities, the communes' governments have mandated the relevant sectors to enforce and should inform the parties on 5 days in advance. 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 27, Demobilization and Home Teners, shall be responsible for the relocation of home users within the time period determined by the settlement agreement or the decision on the relocation. The home useers were not removed and were not completed with the dispersed and the house tenants. Article 28, Removal of homes by municipal construction projects, must be subject to construction needs by the dislocators and their superior units, and guaranteed relocation by the construction requirement. Article 29 is one of the following cases in which demolitions are removed and evictions are carried out by the demolitions for the relocation of the relocation programme, with the approval of the house demolition management: (i) A property dispute; (ii) The whereabouts of the owner are unknown; (iii) It is temporarily not possible to determine the owner. Before the demolition of homes, the demolitions should be made available to the public evidence authorities for the preservation of evidence and compensation payments on matters related to the demolition of houses. Article 33 of the demolition involves military facilities, churches, temples, monuments and foreign premises in Warsaw, pursuant to the relevant laws, regulations. Article 31 has not yet been completed in connection with the transfer of construction projects for the settlement, which should be communicated by the house demolition management with the consent of the house demolition management and the processing of changes in the home demolition permit; and the management of house demolitions should give notice of the relevant elements of a changeed home demolition permit. The transfer of construction projects has resulted in the transfer of rights and obligations as set forth in the agreement or the decision. The transferee and the transferee shall notify the dispersed in writing and inform the transferee within 30 days of the date of the contract. In article 32, compensation for house demolitions should be fully used for housing demolitions and no diversion. The management of house demolitions should establish a regulatory system for the removal of funds for resettlement and enhance the regulation of the provision for the removal of relocation. Article 33 Management of house demolitions should establish, maintain a sound management system for the demolition of archives and enhance the management of the information on the demolition of files. Chapter III Removal compensation and resettlement Article 34 should be compensated for the dispersion of persons under this rule. (b) The removal of temporary buildings that do not exceed the time period of ratification, monetary compensation, and the calculation of monetary compensation, is as follows: Currency compensation = temporary replacement price x remaining period for approval The above paragraph refers to the replacement price of temporary buildings on the date of the release of the house demolition permit. Article 33 XV allows for monetary compensation or for the transfer of housing property. In addition to the provisions of article 38, article 41, paragraph 2, and article 43, paragraph 2, of this rule, the dispersed may choose the means of removing the relocation. The amount of monetary compensation is determined by the real estate market assessment price, based on factors such as the location, use, construction area of the destroyed house. The housing area refers to the location of houses in urban planning areas. The area of housing construction refers to the area of construction indicated in the home ownership certificate or other documents with legal effect. The purpose of the house is the purpose indicated in the title of the house. The housing title certificate was not indicated to be used for the property file records; the property file was not recorded in order to plan the use of the licence granted by the administrative authorities for the construction of the ground planning. Article 337 calculates the amount of compensation in the amount of the rented housing currency: Currency compensation = cost of a single assessment of the dislocated housing estate market for the removal of the area of housing construction The single price referred to in the previous paragraph refers to the price of each square kilometre area. The real estate market assessment rate is less than the minimum compensation price, which is calculated at the lowest rate. The minimum compensatory price refers to the average market price for transactions with the dispersed houses in the same form, and the same structure has already been purchased in the marketplace, with specific criteria determined by the city, the people's Government. Article 338 Removal houses have been renovated, and monetary compensation for the refurbishment component should be provided in addition to mobile parts, materials. The calculation of the amount of compensation for the housing refurbishment currency is as follows: Reimbursement in the amount of compensation for house repairs = replacement price x (standard use of time-removal actual use time limits) The re-engineering price referred to in the previous paragraph refers to the replacement price of house demolitions at the same time as the date of the release. The criteria referred to are used for a period of time: (i) Ten years of homes; (ii) Seven years for office accommodation; (iii) Business properties such as stores, hotels and restaurants for five years. The amount of compensation for housing renovations shall not be less than 20 per cent of the cost of repairing the house. Article 39 should be entrusted with the assessment of the demolition of houses by the property assessment body established by law, and the establishment of monetary compensation standards in the housing demolition compensation programme. The dislocators have contested the assessment of the demolition indemnity programme, which can be carried out jointly by the dislocators and the disperseders to carry out a contract for house demolitions, entrusting the assessment of the property assessment body established by law. Assessment costs are shared by both parties. The results of the assessment remain controversial by the dislocating party and the party may apply to the Committee of Experts on Housing Demobilization, organized by the local housing demolition management in the place of the demolition of houses, within 15 days of receipt of the assessment report. The composition of the Committee of Experts on Housing Demobilization, the identification methodology and the assumption of the cost of identification are developed by the self-government authorities. The removal party did not apply for identification within 15 days of receipt of the assessment report to assess the results as a basis for compensation and decision; the application for the identification of the results as a basis for compensation and decision. Article 40 Housing demolition assessment should be in line with the State's guidelines for valuation of property and be guided by reasonable assessment principles and appropriate assessment methods. The land demolition assessment base day was the date of the release of a permit for house demolitions. Article 40 states that the removal of property rights shall be made in accordance with article 36, article 33, article 33, article 33, article 33, and article 38 of the present Rules, to calculate the amount of compensation for the demolition of houses and the price of the relocated home. The removal of subsidiaries from non-farm homes does not result in a transfer of property rights, which is compensated by the dispersion. Article 42 dismantled houses of public interest, and the demolitions should be rebuilt in accordance with the relevant laws, regulations and urban planning requirements, or compensated in monetary terms. Article 43 thirteenth demolitions of rented homes, dispersed persons were removed from the lease relationship with the tenants of the house or were placed by the dispersioners for the house's tenants, and the dispersion provided compensation to the dispersed. The removal of the lease relationship between the dispersed and the home's tenants is not in agreement, and the removal of the property rights of the dispersed should be carried out. The property transferee's home was leased by the former house tenant and the dispersed should re-establish the housing lease contract with the former tenants. Article 44 should provide housing that is consistent with national quality safety standards and building facilities, for demolitions. With the introduction of home property transfers, the demolitions should provide houses in more than two locations for the options of the displaced. Article 41 Removals have mortgaged homes, which should be reinvigorated by mortgages and mortgage-holders to compensate the dispersed after they are cleared by the law or re-established mortgage homes. During the period of evictions, mortgages and mortgage holders had not cleared their debt bondage or had no re-established mortgage homes, and the dispersed had made payments to the public witness bodies. The demolitions should be dismantled by the demolition of houses following the processing of the evidence of the demolition and the notification of the contents of the settlement agreement. Article 46 should pay for relocation assistance to the dispersed or the home tenant. The housing house pays the relocation grant at a rate of 3-7 per square meteor of the area of house demolitions, with specific criteria determined by the city, the people of the district, according to local prices. The arrangement of temporary swing houses should pay for two relocation grants. Non-residents pay for relocation grants based on the destruction of goods and equipment actually relocated and the market price of transport. The relocation of telephones, cable television networks, air conditioners and electricity, water supply facilities, etc. in the demolitions, pays for relocation grants at local relocation costs. Article 47 of the Convention on the Elimination of All Forms of Discrimination against Women (art. The temporary accommodation allowance is paid at a monthly rate of 3-8 per square kilometre per month of the area of the demolition of houses or in the same-class housing rental market value for the same structure, which is determined by the municipal and district people's Government. Instituting monetary compensation, the dislocators should pay a one-month temporary grant to the dispersed. Article 48 precludes the removal of persons from being allowed to prolong the transition period, and the swing-houses should be freed on time. Due to the extension of the transition period owing to the responsibility of the dispersed, the relocation of the dispersed or the renter of the house to the self-scheduled accommodation should be double the payment of temporary accommodation benefits within six months of the end of the year, up to three times higher than six months. The use of the swing house should be paid for temporary settlement grants for a period of six months from the end of the year, which is more than six months overdue. Article 49 provides for the suspension and suspension of work due to the removal of non-residential homes, and the removal of persons shall be duly compensated for the amount specified in the consultation of the dispersal party. Chapter IV Corporal punishment Article 50, in violation of the provisions of this rule, does not have access to a home demolition permit, to carry out spoiler relocations, is ordered by the house demolition management to stop demolitions, alert the demolitions, and to impose a fine of up to $50 per square m2. Article 50 bis. The demolition of persons is contrary to the provisions of this rule by deceiving access to housing demolition permits by means of deceiving, and the house demolition management revokes the housing demolition permit in accordance with Article 35 of the Regulations and pays more than 3 per cent of the funds for resettlement. Article 52, in violation of the provisions of this rule, includes one of the following acts, by which the house demolition management is responsible for halting the evictions, giving warnings that it can and be removed to compensate for the relocation of up to 3 per cent of the funds; and, in serious circumstances, the suspension of the home demolition permit: (i) Execution of house demolitions, not determined by a house demolition permit; (ii) To entrust removal of units that do not qualify for evictions; (iii) Oriental extension of the duration of evictions. Article 53 accepts that the authorized removal units violate the provisions of this rule by transferring the removal operation and by reordering the house demolition management in accordance with article 37 of the Regulations, forfeiture the proceeds of the conflict and paying more than 50 per cent of the contractually agreed relocation service. Article 54, in violation of article 7, paragraph 3, of the present rule, provides that no relocation indemnity shall be added to the settlement fund, which shall be terminated by a house demolition management order to compensate for the relocation of the relocation funds. Article 55 does not have access to a housing demolition certificate, unauthorized access to house demolition operations, and is responsible for the suspension of the violation by the house demolition management and fines of more than three times the proceeds of the violation. Article 56 of the Convention on the Elimination of All Forms of Discrimination against Women (art. (i) In violation of the Regulations and the present Rules, the licence for the removal of nuclear property and other authorization documents; (ii) The granting of a nuclear house demolition permit and other authorization documents do not perform oversight functions; (iii) A decision on evictions in violation of the Regulations and the Rules; (iv) Execution of forced evictions in violation of the Regulations and the Rules; (v) The finding that the offence is not investigated; (vi) Toys negligence, abuse of authority and other acts of private fraud. Chapter V Article 57 implements house demolitions in the area of collective land and urban planning in this self-government area and requires compensation and resettlement to be carried out in the light of this rule. Article 58 |
