Nanning Urban Housing Units Management Implementation Approach (For Trial Implementation)

Original Language Title: 南宁市城市房屋拆迁管理实施办法(试行)

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(May 8, 2003 Standing Committee meeting on May 28, 2003, Nanning city, Nanning Government released 17th) Chapter I General provisions article in order to strengthen the city's urban housing units management, maintain the legal rights of parties involved in the demolition to ensure construction projects proceed smoothly, according to the provisions of the regulations on urban housing units management, combined with the city's actual, these measures are formulated.
    Article on State-owned land in the urban planning area of this municipality implement housing units, and need to be demolished the compensation and resettlement, and these measures shall apply.
    Urban house demolition article III must comply with town planning, urban renewal and environmental improvement, protection of heritage and monuments.
    The fourth party shall, in accordance with the regulations, give compensation and resettlement to be demolished; was demolished during the relocation period should be to complete the relocation.
    Demolished in these measures refers to obtain a demolition permit.
    Dismantled in these measures, refers to the owner of the House to be demolished.
    Fifth of municipal construction Administrative Department is a Municipal Department of urban housing units management, responsible for the supervision and administration of urban housing units in the city; the city housing demolition Administration Office for urban housing units management work.
    County administrative departments in charge of construction supervision and management of urban house demolition work within their respective jurisdictions.
    The sixth city, County (district) departments and units concerned shall, in accordance with provisions of cooperative housing demolition management good management of demolition.
    Chapter II administration of relocation seventh housing demolition management in annual urban construction plan approved by the Government, the Department shall, published in the news media will be involved in various ways, such as demolition range and related matters to society announcements.
    Eighth housing in accordance with the article demolition demolition permit system implemented.
    Application received housing demolition license of, should submitted following file and information: (a) housing demolition application report; (ii) construction project approved file or record registration proved; (three) construction with to planning license; (four) State-owned land right approved file; (five) demolition plans and demolition compensation placed programme; (six) handle deposits business of financial institutions or financial sector issued of demolition compensation placed funds proved.
    Preceding paragraph fifth programme of demolition and relocation compensation and rehousing schemes should include the demolition range and scope of General information, relocation, demolition of housing in responsibility for security and the implementation of economic responsibility, compensation funds, duration of relocation, compensation and incentives, integration and implementation of the working space; for the property rights exchange of housing related legal instruments.
    Nineth request demolition units used in demolition compensation deposit amounts and placed with value and shall not be less than total compensation and resettlement funds.
    Approved implementation of the phased demolition, demolition compensation for deposits in each period the amount and place in value and shall not be less than the total compensation and resettlement funds.
    House removal compensation funds should be used to house demolition compensation shall not be diverted to any other use.
    Tenth house demolition compensation funds should be established by management supervision system, strengthen supervision over compensation funds.
    Issuing demolition permits, housing demolition management and relocation and compensation funds certificates of deposits issued by the financial institution should sign the agreement on compensation funds supervision, and strictly according to the allocation, use and control compensation funds.
    11th housing demolition management departments shall, from the date of receiving the application for demolition in the 30th, to review applications;, upon examination, the demolition permit issued to eligible; does not meet the criteria, shall be answered in writing.
    12th demolition people free to demolition, or Commission with legal personality and has made demolition demolition certification entity.
    Demolition demolition of their own, should be commensurate with the scale of relocation relocation professionals and organizations implementing capacity.
    Housing demolition administration management functions, entrusted to take demolition unit should not be used as demolition man may not accept relocation Commission.
    13th demolition shall be taken by those with the appropriate qualifications and ensure safety of the construction unit. Demolition of 14th 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 in the 10th, house demolition, demolition contract management agency records.
    Mandated demolition unit shall not transfer the demolition business.
    15th housing demolition administration in issuing demolition permits at the same time, housing demolition permit should be enshrined in the demolisher, demolition range, such as relocation, assessment agencies, in the form of housing demolition notices are published.
    16th demolished after the demolition range of units and individuals shall not engage in the following activities: (a) the new construction, expansion, renovation, decoration and its subsidiary, (ii) changes in housing and land use, (iii) establishment of new rental housing and (iv) transfer of land and houses. Housing demolition Administration on matters listed in the preceding paragraph, notify the authorities suspending the relevant formalities.
    Written notice of suspension shall include the period of suspension; period of suspension shall not exceed 1 year.
    17th demolish demolition of housing demolition permit should determine ranges and dismantlement period, implementation of housing demolition.
    Demolish the need to extend the removal period, removal before the expiration of 15th, postponed the demolition application to housing demolition management, extend the period of suspension shall not exceed 1 year; postponed demolition applications received housing units Management Department shall reply within 10th of, and from the date of granting an extension will extend the deadline for suspending the relevant formalities within the 5th notify related departments in writing.
    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.
    Demolition compensation placed agreement in the should contains Ming following main content: (a) demolition party name; (ii) demolition compensation way; (three) was demolition housing of address, and structures and area, and uses; (four) implemented property replacement of, should contains Ming placed housing of address, and structures and area, and floors and room,, and delivered term, and post settlement way; (five) demolition compensation placed amount, and paid way and term; (six) was demolition people or housing tenant people of relocation term and relocation transition way, and transition term;
    (G) liability for breach; (VIII) disputes settlement; (I) demolition and other matters agreed by the parties. 19th compensation settlement agreement, dismantled or tenant relocation within the agreement period refuse to move, demolished in accordance with the agreement to the Arbitration Commission for arbitration or a lawsuit.
    During the proceedings, party may request the people's Court according to law to be enforced. 20th demolisher and dismantled or demolished, demolition man and the lessee no compensation settlement agreement, the parties applied for, by city and County housing demolition management decisions.
    Housing demolition administration was to be demolished, decided by the city and county governments.
    21st party ruling the applicant shall submit the following materials: (a) application for ruling, (ii) two or more parties involved in the demolition and seal or with the local authorities, certified relocation consultation records and (iii) proof of ownership and legal basis in fact; (d) ruling bodies that need to submit additional materials. 22nd ruling bodies should be made within 5 working days after receiving the application for party decisions whether to accept the decision.
    Inadmissible, shall state the reasons in writing; to accept the ruling institutions should organize consultations of parties involved in the demolition, the consultation fails, the adjudicating body should award applications received within 30th of ruling.
    Awards include: (a) the name and address of the parties, (ii) drew attention to the decisions of fact; (c) make a ruling based on the results of the (iv) award results; (v) not satisfied with the decision of the parties rights; (vi) Award organization's name and date. 23rd party not satisfied with the decision, within 60 days of the date of service of the ruling administrative body of competent jurisdiction may apply for administrative reconsideration or court within 3 months.
    Demolished in accordance with the provisions of this approach have been dismantled to give monetary compensation or resettlement, swing space provided, during the proceedings of administrative review and do not stop execution of the ruling.
    24th due to urban planning units not in demolition compensation settlement agreement or ruling to the delivery of houses to be demolished, the demolisher should know that planning in the 30th after notification was demolished to renegotiate, and report on relocation management.
    Consultation no compensation settlement agreement should be renewed, and demolition parties may apply to the ruling bodies, by the adjudicating body according to the provisions of rule.
    25th to be demolished or tenant relocation does not move within the time limit specified in the ruling, and County housing units by the city authorities, forced eviction by city and county governments to entrust authority, or by the city and County housing demolition administration in accordance with the people's Court for mandatory minimum.
    City and county governments to entrust the authorities forced relocation, shall be notified in advance 3rd parties involved in the demolition.
    By forced relocation of removal and the cost of renting temporary housing and demolish the deductions from the compensation and resettlement in the dismantled.
    Before implementing the forced relocation, demolition and related matters shall be the demolition of houses, the notary evidence preservation. 26th has not yet completed the relocation compensation and settlement of transfer of construction projects shall be subject to city and County housing demolition management agreed, rehousing in the original compensation transferred to the assignee of the rights and obligations.
    The assignor and the assignee shall be notified in writing of the project to be demolished, and the 30th as from the date of the signing of the contract of assignment should be publicly announced.
    27th housing demolition management should demolish the relocation compensation obligations or perform the obligation of compensation written notice to the real estate management department; property management Department for real estate (sales) license for sale, shall review the unit to perform the obligation of compensation and rehousing.
    Chapter III compensation and rehousing the 28th party shall, in accordance with provisions of article, giving compensation to be demolished, dismantled shall provide to the party dismantled the building ownership certificate and other proof.
    29th demolishing illegal buildings and over limit of temporary buildings, without compensation; demolition of compensation does not exceed the limit for temporary buildings, demolished the remaining values refer to the remaining period of compensation.
    Article 30th compensation may be monetary compensation, may also implement a property rights Exchange.
    In addition to these measures article 35th, 36th, 37th in the second paragraph of article, but people can choose the way the compensation to be demolished.
    Encourage people choose monetary compensation to be demolished.
    31st the amount of monetary compensation, according to the location of the House to be demolished, use, factors such as floor space, the new, floor, market appraisal of real estate prices.
    Location of the House to be demolished, in accordance with the level of commercial, residential and industrial land in the city and district division result divided. Housing with housing marked on use shall prevail.
    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.
    Floor space of buildings is the house ownership or certificate of house property right instruments issued by the real estate management Department noted the floor space of buildings.
    Article 32nd decoration of the houses had to be demolished, except removable decoration parts, materials, decoration should be part of an assessment to pay monetary compensation.
    Illegal construction and over limit of temporary building renovation without compensation.
    Article 33rd compensation prices below the minimum price of the House to be demolished, the demolisher should be minimum price of compensation compensation to be demolished.
    Article 34th housing property rights Exchange, the demolisher and dismantled should be assessed in accordance with the provisions of, calculate the amount of compensation be demolished and replaced by housing prices, settlement of property rights exchange difference.
    35th demolition of public housing, relocation shall, in accordance with relevant laws and regulations and the requirements of urban planning to rebuild, reconstruction of confirmation is not required by the Planning Department, monetary compensation is given by party.
    Adjunct of the non-public housing demolition, no property rights Exchange, monetary compensation is given by party.
    Article 36th 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.
    37th straight pipe in the public housing area of implementation of property rights exchange houses to be demolished, the lessee shall pay the new increased rents at cost area for rent.
    Directly managing public housing tenants who are bereaved elderly, orphans, the disabled, the demolisher compensation should be a title change to be demolished, and appropriate relief for property rights exchange difference, the lessee should property rights exchange houses and demolishes sign a new lease agreement.
    38th article demolition following situation of housing, was demolition people elsewhere no housing of, demolition people should provides placed room implemented property replacement, from received was demolition people deserve compensation area part of post, and can appropriate relief over should compensation area part of post: (a) was demolition people in demolition Shi enjoy home sector issued of town residents minimum life guarantees gold; (ii) was demolition people is provides, and orphans, and orphans.
    39th demolished before the following housing demolition, investigation notes should be made, and on related matters to the notary of the House to be demolished evidence preservation, the compensation and rehousing schemes shall be reported to the approval of the housing units management: (a) the property rights disputes unresolved housing; (b) no claim within the time limit specified in the relocation announcement property houses.
    Monetary compensation of the units listed above housing or property rights exchange houses, demolished to notary notary in escrow.
    40th party for compensation and resettlement housing consistent with national quality and safety standards.
    41st demolished should be dismantled or lessee to pay relocation allowances.
    Be demolished without compensation settlement agreement, the Parties shall on its own increases the number of relocation, and demolition man does not pay the relocation costs. Dismantled children attend the primary school, junior high school, housing units need to be transferred, and relevant certificates issued by city demolition management agencies, according to Education Department after the actual address, according to the principle of vicinity attending.
    Demolished in accordance with the regulations will be the actual charges incurred will be paid directly to the school to receive admission, the school shall not refuse to receive admission.
    The 42nd to be demolished or lessee of property rights Exchange requires a temporary transition during the transitional period, are relocated to arrange accommodation, relocation of people paid to be demolished temporary resettlement housing tenant to arrange accommodation, relocation payments to temporary resettlement of tenant 3 months, others paid to temporary resettlement to be demolished.
    During the transitional period to be demolished or tenant relocation provides temporary swing space, the demolisher not paid for temporary resettlement.
    Monetary compensation, relocation lump sum paid to be demolished or lessee 3 month temporary resettlement.
    Article 43rd Office, industrial building demolition, monetary compensation, which suspend demolition shall suspend compensation of lump-sum payments for 6 months; pavement, hotels and other housing cause suspend demolition of monetary compensation, relocation shall suspend compensation of lump-sum payments for 3 months.
    Introduction of property rights Exchange, the demolisher suspend compensation payable fee deadline by demolition and demolishes house demolition compensation as stipulated in the agreement signed between the transitional phase meter. The 44th was demolished before the publication of notice in the house demolition article to convert residential land paved their own, to be demolished or lessee with a business operating in the housing business procedures and formalities of tax registration (of the allocation of land also should be required to pay land revenue), the demolisher shop standard lump-sum payments for three months may suspend compensation.
    Compensation for the demolition of this House still houses a standard compensation.
    Being demolished, the lessee of the 42nd article article 43rd, and the attribution of costs provided for in the preceding paragraph of this article, agree, their agreement shall prevail; no agreed to pay to the lessee.
    Article 45th 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 accommodation, shall, within 6 months from the month of the overdue double pay for temporary resettlement; more than 6 months overdue, paid by three times.
    To be demolished or lessee to use demolition to provide swing space, shall, within 6 months from the month of late, paid for by the party to be demolished temporary housing subsidy more than 6 months overdue, double pay for temporary resettlement. Article 46th to be demolished within the specified time to complete the relocation, relocation may additionally be given rewards.
    To be demolished within the required time to complete the relocation and select the monetary compensation, relocation may increase incentives.
    Fourth chapter legal responsibility 47th article demolition people has following behavior one of of, by city, and County housing demolition management sector give warning, ordered stop demolition, and can by following standard sentenced fine: (a) demolition people unauthorized reduced compensation placed standard or narrowed compensation placed range of, by should compensation placed housing area calculation, each square meters sentenced 5 Yuan above 10 Yuan following fine, and on directly responsibility who sentenced 1000 Yuan above 3000 Yuan following fine.
    (B) demolished during the transition period is not paid as required be demolished temporary housing allowances or suspend compensation, should defray the total cost 3% fined.
    48th demolisher not to the way article Nineth stage is in place to provide compensation and resettlement funds of funds, by the city and County housing demolition Administration ordered to stop demolition, deadline to provide proof of funds, with more than 5000 10000 Yuan fine.
    49th article housing demolition management sector violation this approach provides issued housing demolition license and other approved file of, issued housing demolition license and other approved file Hou not perform supervision management duties of, or on violations not investigation of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; plot serious, led public property, and national and people interests suffered major loss, constitute crime of, law transfer judicial organ processing.
    Fifth chapter supplementary articles article 50th independent industrial and mining areas outside of the urban planning area of this municipality imposed on State-owned land within housing units, and need to be demolished the compensation and resettlement, in accordance with the measures implemented. 51st concerning specific measures for the assessment of housing units, the minimum compensation unit prices, removal of subsidies, temporary resettlement fees and suspend compensation standards, according to the Nanning municipal people's Government announced separately by urban housing units management (for trial implementation) implementation.
    Provisions of the autonomous regional people's Government has, from its provisions. 52nd these measures come into force on July 1, 2003. September 23, 1997, the implementation of the Nanning urban housing units management implementation rules repealed simultaneously.
                                      Prior to the introduction of these measures receive the housing project of the demolition permit, these procedures do not apply.