Key Benefits:
(Prelease No. 124 of the Beijing People's Government Order of 6 June 2003) Chapter I General Article 1, in order to strengthen the management of collective land demolitions, preserve the legitimate rights and interests of the parties to the demolition, ensure the smooth conduct of rural and urban construction and develop this approach in line with the relevant laws, regulations, such as the People's Republic of China Land Management Act. Article 2 removes houses for the construction of collective land (hereinafter referred to as expropriation) within the city's administration, or for the construction of collective land for rural areas (hereinafter referred to as “the land”), and requires compensation and resettlement for the dispersed and the application of this approach. Removal of homes other than the home base is carried out in accordance with the relevant provisions of this city. Article 3 of this approach refers to the use of land units authorized by law for the recruitment or occupation of collective land and the acquisition of housing demolition permits. This approach refers to units or individuals who have ownership of the house destroyed. Article IV. The National Land Resources and Housing Authority (hereinafter referred to as the Homeland Authority) is responsible for the management of collective land demolitions in this city; the Regional, District and Homeland Resources and Housing Administration (hereinafter referred to as the minus area, the Territorial Authority). Article 5 Article 6. Demobilizing persons shall be compensated for the removal of persons who have been removed in accordance with the provisions of this scheme. Removals should be completed within the specified period of relocation. Chapter II Article 7. The demolition may be carried out after a home demolition permit has been obtained by a local unit. Article 8 may apply for the suspension of the following matters within the scope of the application of the Territorial Authority for the purpose of obtaining the clearance or territorial approval of the documents by the territorial units: (i) New residential base and other construction sites; (ii) Approval of new construction, alteration and expansion of homes; (iii) Accompanied and separated family members, except for those who must be admitted to the household for reasons such as marriage, birth, repatriation, re-entry of the military, the approval of the ward-wing family, the full release of the sentence and the removal of labour rehabilitation; (iv) A nuclear license of business; (v) Housing, land rental; (vi) Changes in homes, land use. Upon approval of the application by the District, the Lands' Authority of the use of land units, the relevant authorities shall be notified in writing of the matters listed in the previous paragraph for the suspension of the proceedings and, to the extent appropriate, the notice. The notice and the announcement should contain the scope of evictions, the suspension of proceedings and the period of suspension. The period of suspension has been calculated from the date of the announcement to a maximum of one year. There is a need for the extension of the duration of the suspension by the territorial authorities of the district, district and district, for a period not exceeding half a year. During the period of suspension, the matter set out in paragraph 1 of this article was not determined when the house was removed. Article 9 Applications for a nuclear house demolition permit by a territorial unit shall be submitted to the areas in which the house of the demolition is removed and to the territorial authorities of the District. (i) Approval of the document on a user-friendly basis; (ii) Planning of approval documents; (iii) Programme for the removal of evictions; (iv) Confirmation documents for the placement of houses or relocation of compensation funds. Regional, district and territorial management should be reviewed within 30 days of the date of receipt of the request; in accordance with conditions, the granting of a permit for the relocation of nuclear-weapon-free homes and the announcement of the removal of evictions, the scope of evictions, the relocation period. Article 10. Removal of homes on the home base is carried out by the dispersioners, in accordance with the provisions of chapter III of this approach and the approved land-use programming, with the approval of the District and the Territorial Authority. The demolition programme was developed by the demolition of homes and was carried out by the communes (communication), the Government of the Towns (communication), the State of the town, the district and the territorial authorities of the communes, and the relocation programmes of the old villages were adopted in the communes (community), the people of the town, prior to the clearance of the town, and should be discussed by the villagers' conference or villagers' representatives. The demolitions should be published in the context of demolitions, with the deadline not less than 10 days. Article 11. The dispersion and the dispersed should enter into a written agreement on housing demolition compensation. The agreement should provide for the compensation of the modalities and criteria for the settlement, the duration of the relocation and the breach of responsibility. Article 12. During the relocation period announced by the District and the District Authority, the demolitions and the dispersed were not able to reach a settlement agreement with the dispersed, and the parties were requested by either party or by the parties to decide by the district, the territorial authorities of the district. The relocation period provided for by the decision ended with the rejection of the relocation of the dispersed person, belonging to the house of the expropriation site, which is subject to the enforcement of the People's Court by the District, the Territorial Authority, which is part of the relocation of houses, and civil action by the parties under the law. Chapter III Removal compensation and resettlement Article 13. House demolitions in the home base may be subject to monetary compensation or house accommodation, and the eligible areas may also be approved separately. Article 14. The compensation is determined in accordance with the resupply of the new and residential base removed. The method of calculating the cost of housing for new prices is developed and published by the Urban Lands' Authority. In accordance with the preceding paragraph, monetary compensation was granted to the dispersed and no homes were installed or otherwise authorized. Article 15. The demolition of homes on the home base is housed in the State's land and the relocation of the dispersed and the dispersed should determine the cost of demolitions, in accordance with article 14, paragraph 1, of the scheme, as well as the market assessment price for housed houses; except for the removal of persons who have been displaced under the terms of the Government of the city. The Rural Collective Economic Organization or the Village People's Committee, which has been relocated as a dispersioner, has been relocated to house demolitions in the context of the collective building of the land, which can also be accommodated in the context of the population of the displaced by the villagers' conference or by the villagers' representatives. Other spoilers have entrusted rural collective economic organizations or village councils to house the dispersed, which may be implemented in accordance with the provisions of article 2, paragraph 2. Article 16 provides that the Rural Collective Economic Organization or the Villagers' Commission build houses on their collective land and shall be in line with urban planning, land-use planning and annual plans to obtain land and planning permits under the law. Article 17 Other spoilers have entrusted rural collective economic organizations or village councils to house the dispersed, which may be implemented in accordance with the preceding paragraph. Article 18 The housing base, which is not legally authorized, is not determined. The housing base, which is legally authorized, goes beyond the control standard, and is not compensated; however, the portion of the controlled base, which was legally authorized before 1982, may be duly compensated in accordance with the provisions of the district, the people of the district. The control criteria for the area of each household base are implemented in accordance with the criteria established in Article 6 of the Charter of the People's Government of Beijing for the strengthening of the construction of houses of rural villagers. Article 19 Removal compensation determines the area of house buildings at the home base to be determined by the area indicated in the home title certificate; the absence of a housing title certificate but the approval of construction documents by the administrative authorities. The scheme runs houses that have been built on the previous home base and does not have access to a home ownership certificate and the planning of the administrative authorities to approve the construction of housing documents, although it is true that the spoilers should be given adequate compensation. Reimbursement criteria are determined by the communes (communities), the Government of the Towns, on the basis of local realities, after the approval of the communes, the communes' governments, and are part of the home demolitions, which are determined by the Rural Collective Economic Organization or the Village People's Commission, and are implemented after the approval of the communes (nationals), the people of the town. The scheme runs new construction, alteration, expansion of homes at the post-occupation base without access to a housing title certificate or the planning of approval by the administrative authorities of the construction documents, and the demolition of houses is not determined. Article 20 Rural villagers are eligible for approval of home base but do not actually obtain a residential base and are difficult to accommodate the relocation programme, and the demolitions should receive appropriate subsidies in accordance with the provisions of the district, the people's Government. However, the demolition implementation programme determines the exceptions to the settlement in a separate manner. Article 21 Compensation for the relocation of homes outside the home base is implemented in the light of the relevant provisions of the relocation. Article 22 provides for the use of home-based homes to carry out productive activities and hold business business licenses, with the exception of compensation and placement under this scheme, appropriate compensation should also be paid for the economic losses of the suspension and the suspension. Among them, the economic loss of the house was provided by the commune, the communes' governments; the economic loss compensation criteria for house demolitions were communes (community), the Government of the town provided for and reported to the zones, and the People's Government. Article 23 should pay relocation grants to the dispersed. Removal subsidies for house demolitions are provided by district, district and local governments; relocation grants for land demolitions are funded by communes (communities), the Government of the town provides for and reports to the district, and the People's Government. Article 24 dismantles illegal buildings and temporary buildings exceeding the period of ratification; dismantles temporary buildings that do not exceed the time period of ratification and provides adequate compensation in the light of the remaining period of time for the replacement of new prices. Chapter IV Legal responsibility Article 25, in violation of article 7 of this approach, provides that no house demolitions are granted permission to carry out their own demolitions, with the responsibility of the city or district, the territorial authorities of the county to stop the evictions and to impose a fine of up to 3,000 dollars. In violation of this approach, the City and District, the Territorial Authority provides for the granting of permits for the demolition of nuclear homes and other authorization documents, the granting of a permit for the demolition of nuclear homes and other authorization documents does not perform oversight functions after the approval of the document, or the non-recognition of the offence, the administrative disposition of the competent and other directly responsible personnel directly responsible for the direct responsibility of the person; in the event of a serious loss of public property, the interests of the State and the people, which constitutes a criminal liability. Chapter V Article 27 does not apply to this approach as a result of the construction of hydroelectric works, construction of the green area, relocation of poor mountain farmers and relocation of collective land houses due to geological disasters. The twenty-eighth approach was implemented effective 1 August 2003. This approach was preceded by the publication of a notice of demolitions and was not applicable. |
