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Benxi Urban Housing Units Management

Original Language Title: 本溪市城市房屋拆迁管理办法

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(Act No. 86 of the Order of the People's Government of 16 May 2002)

Chapter I General
Article 1
In order to strengthen the management of urban homes, preserve the legitimate rights and interests of the parties to the demolition, ensure the smooth conduct of urban construction projects, and develop this approach, in line with the provisions of the State Department's Urban Housing Removal Regulation (No. 305) and related legislation, legislation and regulations.
Article 2
This approach applies to the execution of home demolitions in the State's land in the Itropolitan planning area and the need for compensation and resettlement for the dispersed. The law, legislation and regulations provide otherwise, from their provisions.
Article 3 (Basic Principles)
Urban house demolitions must be in line with urban planning and contribute to improved urban construction and ecological environments.
Article IV
This approach refers to the removal of the party, which means the removal of the dispersion, the removal of the dispersed and the house's tenants.
The dispersion refers to units that have access to housing demolitions.
The dispersion refers to all those who have been removed.
The tenants of the house refer to units or individuals that have legal rental relations with the owner.
Article 5
The demolitions must be compensated and housed for the demolitions, the tenants, and the demolitions, the home tenants must complete their relocation within the time of relocation, in accordance with the provisions of this approach.
Article 6
The Urban and Rural Planning Commission is the administrative authority for the demolition of urban homes in my city, and the Urban Housing Democracies Authority is responsible for the day-to-day management of urban house demolitions.
In accordance with their respective responsibilities, units such as land resources, housing, environmental protection, public safety, business, prices, and electricity, telecommunications, cable television, heating, water supply, gas, finance, etc. should ensure that home demolitions are carried out smoothly in accordance with the provisions of this approach.
Chapter II
Article 7
Removal of urban homes imposes a licence system.
No units and individuals without access to housing demolition permits shall be removed.
Any unit and individual paints are prohibited, forfeiture, transfer, and for the sale of home demolitions.
Article 8
The following documents and information shall be submitted to the administrative authorities for the relocation of urban homes to receive housing demolition permits:
(i) The construction project approval document;
(ii) Building a land planning licence;
(iii) National ownership of land use instruments;
(iv) Applications for house demolitions, demolition plans and compensating resettlement programmes;
(v) Planning maps for the range of evictions;
(vi) Removal indemnity payments from financial institutions in the city are fully funded into deposit certificates of the earmarked deposit accounts;
(vii) Other documentation and information required.
The municipal construction project does not require the applicant to provide the documents in the first, second and third paragraphs of the preceding paragraph, subject to the relevant documentation approved by the municipality.
The administrative authorities for the demolition of urban homes shall respond within 30 days of the date of receipt of the request; the review shall, subject to review, grant a housing demolition permit and collect the cost of house demolition management.
Article 9
The dislocators should have full access to the earmarked deposit accounts for the removal of evictions and the supervision of the house demolition administrative authorities.
Article 10
In parallel with the issuance of home demolitions, the relocation of administrative authorities in cities should be made public in the form of a home demolition announcement.
The duration of demolitions refers to the end date of the demolition of evictions.
The relocation period refers to the time period for the removal of the dispersed or house tenants and demolitions to enter into resettlement agreements and to remove the scope of evictions.
Urban house demolition administrative authorities and demolitions should be disseminated and explained in a timely manner to the dispersed, house tenants.
Article 11
Removals should be carried out in accordance with the range of evictions established by the home demolition permit and the duration of evictions.
There is a need to extend the period of relocation and the relocation of demolitions will have to apply to the administrative authorities for the relocation of urban homes by 15 days of the expiry of the period of demolition and the relocation of urban homes should be answered by the administrative authorities within 10 days from the date of receipt of the extension request, but the cumulative relocation period shall not exceed 12 months.
Article 12
Following the determination of the scope of evictions, the administrative authorities for the relocation of urban homes should make written notices to the relevant departments, and any units and individuals shall suspend the following matters within the period of relocation provided for in the home demolition permit:
(i) Construction, expansion, recreation and alteration of homes;
(ii) The sale, exchange, lease, mortgage, sequency, grant and parenthood, etc.;
(iii) New business permits, home ownership cards, land use procedures.
At the time of the removal, the suspension was lifted on its own initiative.
Article 13
Separate evictions can be dispersed by the dislocators; they can also be delegated to units that are eligible for demolition.
The dislocators are entrusted with demolitions, which should be sent to the authorized units and the contract for evictions. Removals should be sent within 15 days of the date on which the contract was commissioned and the relocation of the contract to the administrative authorities for the demolition of urban homes; the dispersion units that were commissioned were not to transfer the removal operation.
The relocation of administrative authorities from urban homes shall not be carried out as a dispersion and shall not be delegated to demolitions.
Article 14.
The units carrying out demolitions must be reviewed by the urban house demolition administrative authorities to obtain a certificate of eligibility for house demolitions; those involved in demolitions should be able to carry out demolitions through training on legal, operational knowledge and access to a certificate of assignment for house demolition staff.
The certificate of eligibility for house demolitions was introduced in the annual inspection system with the induction certificate.
Article 15
Removal parties shall enter into relocation indemnity settlement agreements within the period of relocation provided for in the declaration of separation. The relocation indemnity settlement agreement shall include the following:
(i) The right to be removed from homes, addresses, areas, uses, structures, buildings, relocation periods and compensation;
(ii) The application of monetary compensation shall contain compensation criteria, compensation, amount, settlement, payment period;
(iii) The introduction of the transfer of property rights should include the right to house accommodation, the place of residence, the area of construction, the use, structure, the mode of relocation, the amount of the property transfer price, the difference settlement method, the time period for the transfer;
(iv) The breach of responsibility and the manner in which the dispute is resolved;
(v) Other provisions to be entered into by the parties.
The demolition of rented homes should be negotiated with the dispersed and the home tenants.
The normative text of the agreement was developed by the administrative authorities for the relocation of urban homes.
Article 16
After the conclusion of the relocation indemnity settlement agreement, the dispersed or the tenant of the house refuses to relocate within the prescribed period of relocation, and the dispersion may apply to the Arbitration Commission in accordance with the law or may also be prosecuted by law to the People's Court. During the course of the proceedings, the dispersion may apply under the law to the People's Court for implementation.
Article 17
During the period of relocation provided for in the declaration, the parties were removed from the relocation indemnity agreement, and the relocation of administrative authorities from urban homes that had been removed from the date of the expiry of the relocation period from the time of the relocation period until the date of the expiry of the relocation permit. The relocation of administrative authorities to urban homes is a dispersed person and is decided by the same-ranking people. The decision shall be made by the ruling Committee within 30 days of the date of receipt of the application, by investigation, evidence, verification.
The parties may su the local people's courts within three months of the date of the award. Under this approach, the dispersion has provided for monetary compensation to the dispersed or renter or for the provision of house accommodation, while the execution of the dismissal decision is not discontinued during the proceedings.
Article 18
Prior to the conclusion of the relocation indemnity settlement agreement, the dispersed should proceed with the registration of property rights and the relocation of the owner should be synchronized.
Article 19
The area of construction and the nature of the demolition of houses are subject to the documents of home ownership. There are no documentation or controversy, which is approved by the municipal property rights management.
Article 20 ( Enforcement)
The relocation of a dispersed person or tenants was not completed within the time of the relocation stipulated in the decision, with the application of the dispersed, the municipality's Government was tasked with the enforcement of the relevant sector; or the relocation of the urban housing authorities to apply for enforcement by the People's Court.
Until enforcement is carried out, the dispersion shall be subject to the removal of matters relating to the house and to the preservation of the evidence by the public evidence organs.
Article 21
Urban construction projects require the demolition of homes, which are governed by the principle of the freeing of land and the subsequent handling of disputes. The dispersed parties have not been able to dislocate the settlement agreement within the prescribed period of relocation, and the relocation of the dispersed and their superiors must be subject to the construction needs and, without prejudice to the normal use of public-use facilities in the non-removal areas, subject to the requirement of the project.
Article 2 (Conservation and inspection of house demolitions)
The relocation of the dispersed and the tenant must be accompanied by the completeness of the original house, without damage to the original housing facility and the liability for the loss should be borne.
Following the completion of the demolition project, the relocation of the urban house demolition administrative authorities should apply for the identification of demolition sites.
Article 23.
The transfer of construction projects that have not yet been completed for the demolition of resettlement should be transferred to the transferee through the review of the consent of the administrative authorities for the relocation of urban homes and the subsequent transfer of rights and obligations in the resettlement agreement. The transferee must be able to compensate the dispersed. 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 24
The demolition of the owner's house, the abandoned homes and the contested houses of ownership should be carried out in accordance with the scheme of monetary compensation, and the removal of demolitions after approval by the urban house demolition administrative authorities. Before evictions, the demolitions should be made available to the public evidence authorities on matters related to the demolition of houses and the currency compensation payments are made to the public accreditation authorities.
Article 25
The demolition of houses with mortgage rights is carried out in accordance with the State's law relating to security.
Article 26
Removals pay for temporary rental grant payments for dislocated persons or tenants of homes, home support payments, misworker subsidies, fundraising fees, and must be submitted to the administrative authorities for the relocation of urban homes. Otherwise, banks do not collect cash and the financial sector does not write.
Article 27
Removals are required to establish sound demolitions files and to transfer information on demolitions to the relevant sectors in a timely manner, and the administrative authorities for house demolitions should strengthen the oversight established in the demolition files.
The demolition of houses should be subject to inspection by the urban home demolition administrative authorities, such as the provision of information, and the responsibility of the urban home demolition administrative authorities to maintain confidentiality for the inspector.
Chapter III
Article 28 (Further conditions to be available)
Removals granted to house houses in the context of evictions and to the corresponding housing property rights certificates issued by the housing property management shall be compensated and placed.
Article 29
Removal of home houses can be compensated in monetary terms and can be transferred. In addition to article 24, article 42, paragraph 3, the remedy may be chosen by the dispersed.
Article 31 (Definition of monetary compensation prices and amounts)
The payment of monetary compensation is based on the factors such as the location, use, construction area of the destroyed house, and is determined by the market assessment price for the current housing market.
The currency compensation formula is calculated as follows: the stock market assessment rate for the demolition of houses x the area of buildings removed from homes.
Article 31
The following criteria are limited to monetary compensation prices, and the stock market assessment rate for house demolitions is lower than the monetary compensation price, which is compensated by the dislocators in monetary terms in accordance with the currency indemnity rates:
(i) The original home is the building house with 90 per cent of the average cost of selling for the general commodity building area in the same-level area;
(ii) The original housing is housed with an average sales price of 80 per cent per square m2 for general commodity buildings in the same area.
The average price of the general commodity home is determined by the municipal price administrations in line with the average sales prices of the general commodity residential market for the previous year, which are published by the end of March.
The level and compensation criteria for the development of land in the context of this approach are applied, with the approval of the Municipal Authority for the construction of administrative authorities and the approval of the municipal land, material and administrative authorities.
Article 32 (Removal of homes)
Removal houses are subject to monetary subsidies in part of the difference of the dispersed, and the currency subsidy formula is calculated as follows: 70 per cent of the criteria for the price of compensation in the same-tiered currency (standard building area - original housing building area):
(i) The area of standard buildings is 30 square meters in paragraphs I and II;
(ii) The area of standard buildings is 35 square meters in three, four locations;
(iii) The area of standard buildings is 40 square meters in five, six locations.
Article 33 (Currence of monetary compensation)
Currency compensation for the demolition of private homes is paid to the dispersed.
The demolition of houses with some private property rights should be distributed in accordance with the proportion of public property rights and private property.
Article 34
The payment of monetary compensation is due not later than 30 days after the conclusion of the settlement agreement, whichever exceeds the one-day period of payment, the dispersion shall assume one lapse of monetary compensation.
Article XV (Percentage of the price of the property transfer)
With the introduction of a housing property transfer, the dispersion and the dispersion of the demolitions should, in accordance with article 33, article 33, of the scheme, calculate the amount of monetary compensation for the demolition of houses and the cost of the relocated homes, close the housing property transfer rate.
The redeployment of homes should be in line with national quality safety standards and the design of regulatory requirements, which are part of the new construction of commodity buildings, should receive qualifications prior to delivery and provide home use statements and home quality assurance documents.
Article XVI (Living of chapter buildings and temporary buildings)
The removal of unconstitutional buildings and temporary buildings that exceed the period of ratification shall not be compensated; the removal of temporary buildings that do not exceed the duration of the approval period and the removal of relocations to the home body (unless environmental, district level, etc.) in combination with new compensation.
Article 37 (Emission of house demolition)
There are no unconstitutional buildings in the building area where there is no title to the property certificate. The demolition of houses, such as house ownership certificates in the squatter area, does not in principle be accommodated, but the home users have the same conditions, which may be financed by the dislodgers of $6000.
(i) In the area of evictions by 15 April 1998 and for the independent family;
(ii) The independent portal, which is spacing from the kitchen facility, is inhabited by four quarters, with construction area exceeding 15 square meters (with 15 square meters);
(iii) There is no legitimate house in the city area.
Article 338 (removal grant, misliving and temporary settlement allowance)
The house in the area of demolitions should be granted to the dispersed or renters under the following provisions:
(i) The relocation of the dispersed person or tenant of the house for demolitions, with the one-time payment of a lump sum of 200 dollars each for the relocation allowance and the misliving of the worker.
(ii) The introduction of a property transfer method whereby the dispersed shall pay the monthly temporary accommodation allowance for each of the dispersed persons. Interim settlement allowance = area of construction x 5/metre of house demolition.
Article 39 (Application time frame for the payment of the price)
The difference between the transfer of property rights was accompanied by time frames for the settlement of the settlement indemnity agreement between the dispersed and the dispersed.
Article 40 (Reparation of the original facility of the demolition)
As a result of house demolitions, the demolitions should be compensated for a one-time relocation cost by dislocating the dispersed or house tenant with cable television, communication facilities.
The original house has coal facilities, monetary compensation, and the removal of the demolitions shall be compensated for by the individual paying of the dispersed; the introduction of the property transfer, the relocation of the dispersed or the home's tenants are no longer charged with the installation of gas facilities.
Article 40
In the event of a transfer of property rights, the dispersed or house tenants are allowed to receive expenses such as admission and bonds in any name.
Article 42
Reimbursement for house demolitions are subject to the purchase of the property of the house by the dislocated tenant and monetary compensation by the dislocutor in accordance with articles 33 and 31 of this scheme.
Removal houses have been rented and all those who have been removed from the rental relationship with the tenants or who have been removed from the house have been accommodated by the house's tenants before their evictions, and the demolitions compensated the dispersed.
The owner of the house was removed from an agreement with the tenants to remove the lease relationship, and the relocation of the owner of the house to the cost of housing property, such as the demolition of the house, was still rented by the former tenants and the owner of the house was re-established the lease contract with the tenant.
The demolition of private rental homes and the relocation of the demolitions is only compensated and housed for all persons who have been removed and the lease contract for all those who have been removed from their homes.
Article 43
The removal of agricultural crops on State land shall not be compensated, and the compensation for logging is carried out in accordance with the relevant provisions.
Chapter IV
Article 44
The demolition of non-communication houses by the dislocated persons must be accompanied by the following conditions:
(i) There is office, production and operation of houses within the scope of evictions;
(ii) A corresponding home ownership certificate;
(iii) Land-use evidence;
(iv) There is legal office, production, operation certificate.
Article 42 (Evaluation of the non-residenthold housing currency and variations in property rights)
The amount of monetary compensation shall be determined on the basis of the housing market assessment price of the house destroyed houses; the introduction of property transfer shall be accommodated in accordance with the currency of the amount of compensation to be removed from non-resident homes and the market price of the housing estate. The place of house relocation shall be determined in accordance with the land-use nature of the city's Government and urban construction planning.
The removal of subsidiaries from non-farm homes does not result in a transfer of property rights, which is compensated by the dispersion.
Article 46
As a result of the eviction of non-residential homes, demolitions should be paid to the dispersed for the following costs:
(i) The removal of goods and the removal, removal and installation of equipment;
(ii) The costs associated with the new settlement of equipment that cannot be recovered;
(iii) Reimbursement for other economic losses resulting from the dismantling of evictions.
Article 47
The demolition has been approved by the business administration for the granting of non-resident houses in the hotel industry, and monetary compensation should be given priority to the arrangement of the old-age insurance for workers.
Article 48
Non-resident homes were removed from compensation for the debts of the dispersed, raw materials, goods, the backlog of commodities and the loss of rental housing rental.
Article 49
The removal of public facilities, such as electricity, water supply, telecommunications, telecommunications, cable television pipelines, due to the need for house demolitions to be dismantled in the area of electricity, water supply, telecommunications, telecommunications, electricity and cable TV management, which is explicitly rebuilt by dislocators, and the relocation of the dislocated public facility shall not be compensated after the signing of a reconstruction agreement with the public facility's former property rights units, be removed by the original property rights units themselves; public facilities explicitly cancelled or are not explicitly renovated by the relocation planning area, and the removal of new property units shall not be reimbursed.
Article 50 (Removal and compensation for homes in municipal works)
The municipal engineering projects require the demolition of homes, which shall be subject to monetary compensation in full, in accordance with the relevant provisions of the scheme.
The municipal engineering projects need to be relocated or removed from the various pipelines, walls, advertisements, temporary buildings, constructions, etc., and are removed by the establishment units themselves.
Article 50
The demolition of houses for public goods should be rebuilt in accordance with the provisions of the relevant laws, regulations and urban planning requirements, or in accordance with the market assessment price of the city's properties.
Chapter V
Article 52
The price of the housing market assessment is determined by an assessment by a statutory-qualified housing assessment body.
Article 53
The municipal housing demolition administrative authorities should publish the list of all eligible housing assessment agencies in the city for the choice of the dispersed.
Article 54
The assessment shall determine the assessment price in accordance with factors such as the location, use, construction area and new composition of the dislocated houses.
Article 55
The housing can be determined by the Committee of Experts on Housing Resources Assessment of the city, the District and the District, in accordance with the price of transactions in the previous year's real estate market, taking into account factors such as supply and demand and environmental changes, to determine the prices of different areas, different structures, different types of homes for each square metimetre of construction area, and to make it public regularly to society. The assessment body, on the basis of factors such as the new, building, moving towards and environment, of the demolition of houses, determines the reimbursable value for each demolition. The Committee of Experts on Real estate Assessment should be composed of more than three State-registered real estate assessors.
Article 56
The results of the assessment were contested by the dispersed or dispersed, and the Committee of Experts on Real estate Assessment ruled.
The Committee of Experts on Real estate Assessment shall make effective decisions on the basis of assessment, methods of assessment and the process of calculation.
The cost of the assessment is borne by the dispersion. The Committee of Experts on Real estate assesses the effectiveness of the results of the original assessment and determines that the costs are borne by the objecting party; the results of the original assessment were invalid and the cost was borne by the original assessment body.
Chapter VI Corporal punishment
Article 57
The demolitions did not obtain a permit for house demolitions and were forced to carry out demolitions, and the administrative authorities responsible for the relocation of urban homes to stop their evictions, warning them and imposing a fine of up to $50 per square m2.
Restructuring, counterfeiting, buying and selling home demolition permits, the relocation of administrative authorities from urban homes is correct and fines of up to 3,000 dollars.
Article 58
Removals provide false documents to deceive house demolition permits, which are revoked by the urban house demolition administrative authorities and fined by more than 3 per cent of the relocation costs.
Article 59
In violation of this approach, the demolitions have one of the following acts, and the relocation of administrative authorities from urban homes is responsible for the cessation of evictions, warnings, which can and be removed to compensate for a fine of up to 3 per cent of the settlement funds; in the event of a serious suspension of home demolition permits:
(i) The range of evictions that have not been carried out in accordance with a housing demolition permit;
(ii) Authorize units that do not have access to housing demolition certificates to carry out demolitions;
(iii) Exemptive extension of the duration of house demolitions.
Article sixtieth (Currence for the transfer of demolitions)
In violation of this approach, the dispersed units entrusted were transferred to the demolition operation, which was redirected by the administrative authorities responsible for the relocation of urban homes, forfeiture of proceeds of the conflict and fined by more than 50 per cent of the contractually contracted relocation allowance.
Article 61 (Management authority in other sectors)
Violations of this approach involve the competence of other administrations, which are punishable by law, regulations and regulations.
Article 62 (Establishment of public service)
In order to prevent the execution of public services, the public security authorities are punished in accordance with the National People's Republic of China Regulation for the Punishment of Security and Safety of the People's Republic of China; the circumstances constitute serious crimes and are criminally prosecuted by law.
Article 63
The parties' decisions on administrative penalties are not consistent and may apply for administrative review or administrative proceedings in accordance with the law.
Article 64 (Management responsibility)
In violation of this approach by the administrative authorities of the relocation of urban houses, the granting of a permit for the demolition of nuclear homes or other approval documents, the granting of a permit for the demolition of nuclear homes or other approval documents does not carry out oversight functions or the non-execution of an offence, the administrative disposition of the competent and other direct responsibilities directly responsible personnel is granted by law; and the criminal liability is vested in the law.
Chapter VII
Article 65 streams, the management of the demolition of towns in the Autonomous Region of the Integral Communities can be implemented in the light of this approach.
Article 46 (Supportation of land by foreign States in the planning area)
The demolition of homes is carried out by foreign land in the urban planning area of this city and needs to be carried out in the light of the scheme.
Article 67
This approach has been implemented since the date of publication. The Modalities for the Removation of Urban Housing in the city of Ben stream, issued by the Government of the People's Republic of Japan, No. 62 of 15 April 1999, were also repealed.