Advanced Search

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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Review of the adoption of Publication No. 17 of the Decree No. 17 of 28 May 2003 by the People's Government of South Africa) at the Standing Conference of the Government of the South New York, 8 May 2003)

Chapter I General
Article 1, in order to strengthen the management of the demolition of homes in the city, to preserve the legitimate rights and interests of the dispersed parties, to ensure that construction projects are successfully carried out, and to develop this approach in line with the provisions of the Urban Housing Demobilization Management Regulations.
Article 2 implements home demolitions in the State's land in the city planning area and requires compensation and resettlement for the dispersed.
Article 3. Urban house demolitions must be in line with urban planning, which is conducive to the rehabilitation and ecological improvement of the urban areas and the protection of monuments.
Article IV. Demobilizing persons shall be compensated, resettled and placed to the dispersed, in accordance with the provisions of this approach; the removal shall be completed within the period of relocation.
This approach refers to units that have access to housing demolitions.
This approach refers to all persons who have been removed from homes.
Article 5
District-building administrative authorities are responsible for overseeing the evictions of urban homes within the Territory.
The relevant sectors and units of the city, the district (zone) should be managed in collaboration with the management of house demolitions, as required.
Chapter II
Article 7. Housing demolition management should take a variety of ways, such as publication in the media, when the Government approves the annual urban construction plan, to inform society of the planned range of evictions and related matters.
Article 8. Removal of homes is governed by the law by a housing demolition permit system.
The following documents and information should be submitted for the application of a home demolition permit:
(i) Report on the relocation of homes;
(ii) The construction project approval document or registration certificate;
(iii) Building land planning licences;
(iv) Approval of documents by State ownership of land use;
(v) Removal plans and relocation compensation programmes;
(vi) Removal indemnities from financial institutions or financial sectors dealing with deposit operations.
The fifth demolition plan and the relocation indemnity programme should include the scope of evictions and the basic conditions of the home, the way of evictions, the security responsibilities and economic responsibilities to dismantle construction, the implementation of the relocation funds, the duration of demolitions, the manner of compensation and the means of incentives, the placement of houses and the operation of swing houses, and the related legal instruments for the transfer of property rights.
Article 9 provides for the removal of units for the purpose of compensating for relocation and for the value of the accommodation and for the total amount of compensation.
The amount of deposits for various relocation indemnities and the value of the accommodation and the non-removal of the total amount of compensation for settlement funds was approved.
Removal compensation for house demolitions should be fully used for housing demolitions and should not be diverted.
Article 10. Housing demolition management should establish a regulatory system for the provision of compensation for relocation and enhance the regulation of the provision for the removal of relocation.
In granting a housing demolition permit, the tripartite financial institutions of the house demolition management and the demolition and removal of the credits for the settlement of the funds should enter into a regulatory agreement on the use of the Removal Removal Fund and tightly disburse, use and regulation of the relocation compensation fund in accordance with the agreement.
Article 11. Housing demolition management should review the application within 30 days of the date of receipt of the request for demolitions; review, grant housing demolition permits in accordance with conditions; and respond in writing.
Article 12 Demobilities may be removed from their own territory or may also be delegated to units that have legal personality and have access to a certificate of relocation.
The spoilers should be removed from their own hands and should have the capacity to carry out demolition professionals and organizations that are adapted to the scale of evictions.
Housing demolition management, units entrusted with demolition management functions shall not be allowed to be dispersed as dispersed and no removal is granted.
The demolition of homes should be carried out by construction units with corresponding qualifications and security conditions.
Article 14. The dispersion is entrusted with the removal of the demolitions, which should be sent to the authorized removal units and the contract for the removal of evictions. The dislocators should entrust the removal of the contract to the Municipal Housing Demobilization Management Service within 10 days of the date of the contract of separation.
The dispersed units entrusted may not transfer demolition operations.
In parallel with the issuance of home demolition permits, the demolition of houses, the scope of evictions, the duration of demolitions, the duration of demolitions and the issuance of a notice of house demolitions should be made public.
Article 16 shall not carry out the following activities:
(i) New construction, expansion, alteration, renovation and renovation of homes and their subsidiarys;
(ii) Changes in homes and land use;
(iii) New housing rental relations;
(iv) Transfer of land-use and housing.
Housing demolition management should notify the relevant authorities of the suspension of the procedures in writing on matters listed in the previous paragraph. The suspension of the written notice shall contain the period of suspension; the suspension shall not exceed one year.
Article 17 Demobilization shall be carried out within the period of relocation and demolition determined by the home demolition permit.
Removals require an extension of the period of relocation, and requests for extension of demolitions should be submitted to the house demolition management by 15 days prior to the expiration of the relocation period, for an extension period not exceeding one year; the management of house demolitions should provide responses within 10 days from the date of receipt of the extension request for demolitions and, within 5 days of the date of the approval of the extension, a written notice of the duration of the process will be extended.
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.
The following key elements should be included in the Removal Restitution Agreement:
(i) The name of the removal party;
(ii) Modalities for evictions;
(iii) The address, construction structure and area, and use of house demolitions;
(iv) The introduction of the transfer of property rights should contain the address of the house, the structure and area of construction, the floor and housing, the duration of delivery and the manner in which the difference is settled;
(v) Removal compensation for the amount, the manner and duration of the settlement;
(vi) The period of relocation and relocation of dispersed persons or tenants of homes, the transitional period;
(vii) Liability for default;
(viii) Removal of disputes;
(ix) Other matters agreed upon by the parties.
Article 19, after the conclusion of the settlement agreement, the relocation of the dispersed person or the tenant of the house was refused to relocate within the time of the relocation agreed upon by the agreement, which could apply to the Arbitration Commission for arbitration or for the prosecution of the People's Court in accordance with the agreement. During the course of the proceedings, the dispersion may apply under the law to the People's Court for implementation.
Article 20 of the Agreement on the Removal of Removal Removals between the dispersed and the dispersed, the dispersed and the tenants of the house were ruled by the commune, district housing demolition management, upon request. The house demolition management is a dispersed person and is decided by the municipalities and the communes.
Article 21 The parties shall submit the following materials:
(i) Applications for decisions;
(ii) More than two break-breaking parties have signed a chapter or a relocation consultation document certified by the local authorities, units;
(iii) The relevant rights are evidenced and the legal basis for fact;
(iv) The ruling body considers other submissions to be required.
Article 2 shall determine whether the decision is admissible within five working days of the receipt of the party's decision. Inadmissible grounds should be given in writing; the ruling body to which it is admissible shall organize consultations among the parties to be removed, the consultations are not exhaustive and the ruling body shall rule within 30 days of the date of receipt of the decision.
The content of the ruling includes:
(i) The name and address of the parties;
(ii) Facts brought to the decision;
(iii) The basis for determining the outcome of the decision;
(iv) Outcomes of decisions;
(v) The right of the parties to adjudicate;
(vi) The name and date of the ruling body.
Article 23. The parties may apply for administrative review or prosecution to the People's Court within a period of 60 days from the date of the transfer of the judgement to the competent administrative body. In accordance with this approach, the dislocators have provided monetary compensation to the dispersed or the provision of demolitions, swing houses, administrative review and enforcement of decisions during the proceedings.
Article 24 provides for the delivery of accommodations to the dispersed persons by agreement or decision of the relocation indemnity settlement agreement due to urban planning adjustments, and the removal of the person shall be informed within 30 days of knowledge of the planned adjustment and report on the relocation management.
Reconclusive consultations have not resulted in the removal of the resettlement agreement and the removal of the party may apply to the ruling body, which is rejudicated in accordance with the provisions.
Article 25 Devices or tenants have not been relocated within the period of relocation prescribed by the decision, and are subject to requests from the municipal, district housing demolition management, which is mandated by the municipalities, district governments to enforce the relocation of the relevant sectors or by the municipal, district housing dispersion administration to apply for forced evictions by the People's Court under the law.
The municipalities, the communes' governments have tasked with forced evictions in the relevant sectors, and three days should be notified of the removal of the parties in advance.
The costs required for the relocation and the rental of temporary homes due to forced evictions are deducted by the dispersioner from the compensation package of the dispersed.
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 26 has not yet completed the transfer of construction projects for the demolition of resettlement, which should be transferred to the transferee through the consent of the municipal, district housing demolition management. The transferee and the transferee shall notify the dispersed in writing and inform the transferee within 30 days of the date of the contract.
Article 27 should inform the management of property in writing of the obligation to resettle the dispersed or the units responsible for the removal of the resettlement system; when the property management conducts a licence for the sale of the commodity premises, the above-mentioned units should be reviewed in order to fulfil the obligation to compensate the settlement.
Chapter III Removal compensation and resettlement
Article twenty-eighth persons should be compensated by the dispersed, and the dispersed should provide the demolitions with evidence of ownership of the demolitions.
Article 29 dismantles temporary buildings that are unconstitutional and exceed the period of ratification, and does not compensate for the removal of temporary buildings that do not exceed the period of ratification, and is reimbursed by the dispersioners for the remainder of the residual value of the residual value.
Article 33 Removal compensation may be subject to monetary compensation or the transfer of housing property.
In addition to article 35, paragraph 2, of this approach, article 36, paragraph 2, and article 37, paragraph 2, the displaced persons may choose the means of removing the relocation.
Removals are encouraged to choose monetary compensation.
The amount of monetary compensation is determined by the real estate market assessment price, in accordance with factors such as the location, use, area of construction, new and floor levels of house demolition.
The area of the demolition of houses is divided according to the results of the commercial, residential, industrial land-level maps and regional divisions in the city.
The use of the house is restricted to the purposes indicated in the home ownership certificate. There was no indication in the home title certificate to be used for the property file records; the property file was not recorded to plan the use of the building-planning licence granted by the administrative authorities.
The area of housing construction refers to the area of housing buildings indicated in the home title certificate or the home property certificate instrument.
Article 32 has been renovated by the demolition of houses, and monetary compensation should be paid in addition to mobile parts, materials and materials.
The renovation of temporary buildings that are unconstitutional and above the time period of ratification is not compensated.
Article 33 Reimbursement for house demolitions is lower than the minimum compensation price, and the dispersion shall be compensated by the minimum compensation price.
Article 34 redeployed housing property and the dispersion of evictions should be based on assessment provisions to calculate the amount of compensation for demolitions and the cost of relocating homes.
Article XV of the demolition of houses of public interest should be rebuilt in accordance with the provisions of the relevant laws, regulations and urban planning requirements, and the planning sector confirms that there is no need to be rebuilt and that the dispersion is paid monetary compensation.
The removal of subsidiaries from non-farm homes does not result in a transfer of property rights, which is compensated by the dispersion.
Article XVI dismantles the rental of homes, dispersed persons are removed from the lease relationship with the tenants of the house or are placed by the dispersioners on the house's tenants and the dispersion is compensated for the demolitions.
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 337 provides for the transfer of property rights in the immediate home beyond the area of the demolition of houses, and the original tenants shall pay new rentals on the basis of cost rental standards.
Separate homeowners are unaccompanied, orphaned, unaccompanied and maimed, and the movable owner shall apply a property transfer to compensate the dispersed and the appropriate relief of the property transfer price, and the lessee shall enter into a lease agreement with the dispersed.
Article 33 Eighteen house demolitions, who are removed from homes without housing, shall provide for the relocation of the house to obtain the difference of the portion of the area to be compensated by the distributor and may be duly exempted from the price of the portion of the area to be compensated.
(i) The minimum living guarantees for the residents of the civilian sector when the dispersion is removed;
(ii) The demolition of persons is unaccompanied, orphaned and disabled.
In advance of the removal of the following houses by the demolition of the evictions, a survey warrant should be produced and evidence-based preservation is provided to the public-ccrediting bodies on matters related to the relocation of the house, which are subject to approval by the house demolition management:
(i) Housing that has not been resolved in property disputes;
(ii) There is no claim for property rights within the period specified in the announcement of demolitions.
Removal of the money or property transferred to the above-mentioned houses is provided by the dispersion of the dispersed to the public evidence.
Article 40 house demolitions used to compensate for resettlement should be in line with national quality safety standards.
Article 40 should pay for relocation grants to the dispersed or the home tenant.
Unless the agreement of the relocation indemnity settlement agreement was reached, the number of relocations was increased on their own, and the relocations did not pay for increased relocation costs.
The children of the dispersed were enrolled in primary and secondary schools, and because of the need for relocation of homes, by the municipal demolition management body, which was arranged on the basis of the actual location of the eviction. The dispersion provided for the direct payment of the actual incurred expenses to schools admitted to school, and schools must not refuse admission.
Article 42 of the Convention on the Elimination of All Forms of Discrimination against Women (art.
During the transition period, the dispersed or house tenants used temporary swing houses offered by the dislocators, who did not pay for temporary accommodation benefits.
Instituting monetary compensation, the dispersion pays a lump sum for temporary settlement benefits for the three-month period of the dispersed or house tenant.
Article 43 thirteenth, the introduction of monetary compensation for the relocation of office, industrial buildings, resulting in the discontinuation of the production sector, which should pay a one-time payment for the 6-month suspension of the production sector, and the introduction of monetary compensation for the suspension of the production sector, and the relocation of the dispersionee should pay a one-time payment for the three-month suspension.
The transfer of property was carried out, with the time period for the relocation of the dispersed to pay for compensation for the suspension of the production sector, which was agreed upon by the relocation of the evictions agreement with the dispersed.
Article 444 Removals of homes by their owners prior to the publication of the Housing Democtation announcement, who are removed or renters have business and tax registration procedures operating in the home (and shall also be transferred to the proceeds of the land) and the dispersion may pay a three-month suspension rate at a one-time standard. Removal compensation for the house is still paid in accordance with residential standards.
The cost incurred by the dispersed, the tenant of the house in respect of article 42, paragraph 3, article 43, paragraph 1, and prior to this article is agreed upon; there is no agreement to pay to the lessee.
Article 42 Non-removal relocations shall not be allowed to extend the transition period, and the swing house holders shall be free of the swing house on time.
Due to the extension of the transition period due to the responsibility of the disloans, the payment of temporary accommodation grants should be doubled over six months from the date of the delay; and more than six months later.
The swing house provided by a dispersed person or by a tenant for the use of the demolition of the house should be paid by the dispersed for temporary resettlement benefits from the dispersed person for a six-month period of time; and for more than six months later, plus a double payment of temporary accommodation benefits.
Article 46 provides incentives for the removal of persons who have been removed to complete the relocation within the prescribed period. The dispersed persons have completed the relocation and opted for monetary compensation within the prescribed time period, and the dispersion can give appropriate incentives.
Chapter IV Legal responsibility
Article 47 consists of one of the following acts, which are warned by the municipal, district-based housing demolition management to stop evictions and may be fined according to the following criteria:
(i) The dispersion of the owner's self-reducing criteria for the settlement or the reduction of the scope of the settlement shall be based on the calculation of the area of house accommodation, with a fine of up to US$ 50,000 per square m2 and a fine of up to $3000 for those directly responsible.
(ii) The removal of the person shall not be paid in accordance with the provisions for the payment of the temporary accommodation allowance for the dispersed person or for the suspension of the work, and shall be subject to a fine of 3 per cent of the total cost.
Article 48 Eighteen persons do not provide compensation for settlement funds at the time they are in place under article 9 of this scheme, which is responsible for the cessation of evictions by the urban, district-based housing demolition management, the funding certificate for the duration of the period and fines of up to €100,000.
Article 49 of the house demolition management violates this approach by providing for the granting of licences for the demolition of nuclear homes and other authorization documents, the granting of a permit for the relocation of nuclear houses and other authorization documents does not perform oversight functions or the non-execution of the offence, and the administrative disposition of the competent and other direct responsibilities directly responsible personnel under the law; in serious circumstances, the loss of public property, the interests of the State and the people, which constitutes a crime and the transfer of the judiciary by law.
Chapter V
Article 50 introduces home demolitions in national land outside the city's urban planning area and requires compensation and resettlement for dispersed persons, taking into account this approach.
Article 50 provides for a specific approach to the housing demolition assessment, minimum compensation orders, relocation grants, temporary settlement subsidies and the payment for the suspension of work, and is implemented in accordance with the provisions on the management of housing demolition assessment in the city of Nanin City, published by the Government of the city. The Government of the people of the self-governance area has provisions from its provisions.
Article 52 is implemented effective 1 July 2003. The application of the Rules for the Removal of Urban Housing in Southernen City was enacted on 23 September 1997. This approach is not applicable to projects that have received the Housing Democtation Removal Licence.