Jilin City Urban Housing Units Management Implementation Details

Original Language Title: 吉林市城市房屋拆迁管理条例实施细则

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(May 12, 2003 people's Government of Jilin city, the 4th Executive meeting on May 20, 2003, people's Government of Jilin city, the 138th published) first to strengthen the urban housing units management, maintain the legal rights of parties involved in the demolition, guarantee the smooth progress of the construction of the city, according to the Jilin city urban housing units regulations (hereinafter referred to as the regulations), these rules are formulated.
    Article fengman district, where in changyi district chuanying district, and the, Longtan district, as well as national, provincial and municipal development zone on State-owned land to implement housing units are subject to the Ordinance and these rules.
    Relocation deadline referred to in article III of the regulations is to be demolished (the lessee) and demolished in house demolition compensation agreement agreed or stipulated by the municipal construction Committee in its decision to be demolished (the lessee) completed the relocation deadline.
    Relocation may not exceed the urban housing units management approved the relocation of the Office term. Article fourth Ordinance urban housing units management bodies referred to in article fourth refers to urban housing demolition Administration Office. Its main functions are: (a) accepting applications for demolition permits, demolition permits, demolished and the demolition period approved, issued demolition notices.
    Approved extension of demolition and extension of the moratorium on the demolition period; (b) the demolition contract filing and has not completed the relocation compensation transfer of construction project management, (iii) demolition for construction of national, provincial and municipal governments invest census (iv) accepting an application for relocation decisions; (e) the laws, rules and regulations grant and other management duties entrusted by the municipal construction Committee.
    Article fifth regulation article sixth intramuros urban housing units Management Office extend the removal period shall not exceed 180 days.
    Sixth regulation seventh article in the eligibility of housing demolition units refer to house demolition qualification certificate issued by the provincial Department of construction and has an independent legal personality of the organization.
    Any unit or individual shall not be demolished for demolition. Seventh article of the regulations of the delegate to a demolition contract should make clear both sides in demolition compensation and resettlement in the rights, obligations and liabilities of such matters.
    Demolisher shall from the date of demolition contract entered into in the 15th, house demolition, urban housing units management, contract record.
    Mandated demolition unit shall not transfer the demolition business.
    Article seventh personnel engaged in demolition work, through the urban housing units Management Office Organization the related laws, regulations and business knowledge of training and examination, make staff after the certificate is issued by the municipal construction Commission, before implementation of the demolition work.
    When the eighth house demolition compensation agreement signed, demolish the unused housing units produced by the provincial Department of construction, unified compensation and settlement agreement, to be demolished (the lessee) the right to refuse to sign the agreement and relocation. Nineth government investment in building roads, bridges, rivers, flood protection walls, drainage facilities, squares, green covers municipal utilities such as the project itself need to be demolished, through tenders, agreements or any other means to determine eligibility of housing demolition unit demolished.
    The demolition unit as removal and the demolition man (the lessee) housing relocation compensation agreements signed and bear the corresponding legal responsibility.
    Article tenth units with certificates of legal ownership of housing, demolition and relocation compensation and rehousing matters are not the parties reach an agreement does not exceed the limit for temporary buildings and demolition (floating), its occupants during the relocation period refused to move, legally ruled by the municipal construction Commission.
    Being demolished, the lessee or tenant relocation of relocation was not completed within the time limit specified in the ruling, municipal people's Government may entrust the municipal urban administrative enforcement Bureau to implement mandatory minimum, municipal construction Committee may also request the people's Court according to law forced relocation.
    11th demolishing illegal buildings, exceeded the approved duration of a temporary building, its occupants during the relocation period refused to move, by the municipal Bureau of city administration of punishments according to law and be dismantled.
    12th demolition did not exceed the limit for temporary buildings (floating), not a title change.
    In the 13th to the 17th of the third paragraph of article of monetary compensation, demolishes house demolition compensation agreement, house ownership certificates and other materials submitted to the Municipal Office of urban housing units management review, dismantled or lessee of a identity card, house demolition compensation agreement proved to a specific bank.
    14th real estate market mean appraisal point object in the absence of any restrictions on the rights of the real estate market is most likely to form the value or price. The Ordinance says the real estate market evaluating price refers to the real estate appraisal institutions follow valuation principles, comprehensive analysis of the factors influencing real estate prices, for valuation of object of the real estate market evaluation to estimate price.
    Assessment, does not consider the effect of his rights such as mortgages, not considering the effect of lease and other rights limitations.
    15th demolished under the Ordinance article 19th of the provisions of the second paragraph, relocation is not a one-time payment of monetary compensation for housing to be demolished, to be demolished (the lessee) the right to refuse to move. 16th demolishes choice property rights Exchange, choice of which can be demolished by property rights exchange houses, housing arrangements can also request demolition-person rooms.
    People choose their own property rights exchange houses to be demolished, places House prices and House to be demolished assessment equivalent portion of the amount paid by the party over bear parts from dismantled; shortfall within the party after the removal of the dismantled 10th paid to be demolished.
    Article 17th for property rights exchange of existing homes, the value should be not less than the amount of compensation is houses to be demolished.
    For property replacement of existing home value above was demolition housing compensation amount, was demolition people no capacity paid post of, by demolition people separately determine by replacement housing of locations and status, its placed locations and demolition locations of location category by following provides implementation: (a) demolition locations is a level location of, can placed in III location; demolition locations is two level location of, can placed in category IV location; demolition locations is three level location of, can placed in four level location; demolition locations is four level following location of, in original location placed.
    Otherwise agreed by the parties involved in the demolition, their agreement shall prevail.
    18th article of the Ordinance, 20th in the second paragraph of article refers you for property rights Exchange auction plan architectural floor plan of the Administrative Department of planning approval.
    Article 19th regulations 20th article needed to go through the property rights exchange of house ownership tax in accordance with the following provisions: (a) equivalent to the amount of compensation is houses to be demolished part of the cost borne by the demolition, (ii) exceed the amount of compensation is houses to be demolished part of the cost, borne by the demolition.
    20th to be demolished in accordance with the Ordinance 22nd of article selected assessing body to assess demolishes all the charges paid in advance before entering into house demolition compensation agreement, demolished one of the assessment fee paid to be demolished.
    Demolition parties to choose different assessment bodies the assessment of allowable error for 3%.
    Assessment bodies should be strictly in accordance with the article 21st of the People's Republic of China real estate regulation provides for the House to be demolished and property rights exchange houses assessed assessed valuation reports issued by the client, and has an obligation to explain to the parties involved in the demolition the basis of the valuation process, selection of the method of evaluation findings.
    Assessment housing bodies in the demolished before the demolition permit, and an assessment of housing and property rights exchange houses to be demolished, the valuation report must not be used to house demolition compensation. Demolition parties shall present the Agency provides the information required to assess and assist in assessing institutions to carry out on-site investigations.
    Evaluation results inaccurate due to demolition party fails to cooperate, assessment agencies did not assume the corresponding responsibility. 22nd article demolition implementation Government provides rent standard of public rental non-residential housing, rental both no agreed of, was demolition people and housing tenant people select currency compensation Shi, rental relationship terminated, and by following standard paid currency compensation fee: (a) belongs to public enterprises housing of, by market assessment price of 70% compensation to tenant people, 30% compensation to was demolition people; (ii) original public enterprises housing demolition Qian, property people or tenant people has party occurred change of (including change Hou still implementation Government pricing rent standard of),
    According to the market price 100% compensation to be demolished.
    Public-sector housing confirmation by the municipal real estate administrative departments in charge.
    23rd article Ordinance 27th article by said life special households must meet following conditions: (a) was demolition people (public houses Department housing tenant people) has City Civil Affairs Bureau issued of city residents minimum life guarantees gold led Forensics; (ii) was demolition people or housing tenant people (containing spouse) in this city (containing collective land) no other official housing; (three) was demolition housing has legal property card as, area below 40 square meters.
    24th living special hardship compensation, in accordance with the following provisions: (a) the demolition of private residential housing, housing owned demolishes all movement of non settlement of property rights Exchange; (b) the demolition of public housing, housing owned demolishes all non settlement of property rights exchange difference, be demolished and housing tenant to sign a lease agreement.
    Sites shall be handled pursuant to the present rules article 17th. 25th article 31st of the regulations of the subsidy standard for: relocation benefits according to family (private property right certificate, public housing rental permits is counted as subscribers) once issued, 400 Yuan per household; a title change, the temporary resettlement (including winter heating allowance) calculated according to the floor space of buildings to be demolished, 6 Yuan a month per square metre.
    Demolishes the NT (public housing tenant) received. Fails to be demolished to complete the relocation by the relocation of the Agreement deadline, every 2 days stopped in 1 month temporary resettlement, but shall not withhold more than 3 months (including the number) of temporary resettlement being forced relocation, not to be granted the allowance.

    By demolition man's responsibility to extend the transition period, demolished the late month, per square meter floor space of buildings to be demolished 12 standard monthly payment of temporary resettlement (including winter heating allowance).
    Article 26th demolition and introduction of non-domestic property rights Exchange, resulting in layoffs, closure, demolition man demolishes paid monthly compensation for housing to be demolished 8 ‰ production, cessation of economic compensation.
    By demolition man's responsibility to extend the transition period, the demolisher shall be paid on a monthly basis since months of overdue compensation for demolished houses to be demolished for 1.2% production, cessation of economic compensation.
    27th units non-residential housing, to be demolished (Department of public housing tenant) did not complete the relocation by the relocation of the Agreement deadline, no removal allowance, withheld every 5 days 1 month shutdown, closure of economic compensation, but may keep a production of more than 3 months, cessation of economic compensation.
    Forced relocation, no removal allowance, and to keep a 6 month production, cessation of economic compensation.
    28th article of the article 25th, 26th, involving the demolition of the monthly payments of less than half a month, calculated at half a month; more than half a month, calculated per one month.
    29th article of the rules implemented by the municipal construction Committee.
    Article 30th in each County (City) housing demolition management may refer to the implementation of these rules. Since the 31st article of the rules take effect on July 1, 2003.
                                        As of May 15, 2000 the monetary compensation of Jilin urban house demolition methods, March 26, 2002, the Jilin Municipal People's Government regulations on urban housing demolition administration repealed simultaneously.