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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(Released May 16, 2002, Benxi City people's Government, the 86th) Chapter I General provisions article I (purpose and basis) in order to strengthen urban housing units management, maintain the legal rights of parties involved in the demolition to ensure the smooth progress of city construction projects, according to the State Department of the urban housing units regulations (2001 order No. 305) and the provisions of relevant laws and regulations, based on actual city, these measures are formulated. Article II (scope of application) where I implemented on State-owned land within housing demolition in city planning area, and compensation and resettlement needs to be demolished shall apply these measures.
    Otherwise provided by laws and regulations, from its provisions.
    Article III (fundamental principles) urban housing units must comply with urban planning, urban construction and the improvement of the ecological environment.
    Fourth (about the meaning of the term) demolition parties mentioned in these measures refers to demolish, demolition man, the lessee.
    Demolition refers to obtain a demolition permit.
    Refers to demolition of houses to be demolished everybody.
    Lessee refers to homeowners with a legal rental units or individuals.
    Fifth (the rights and obligations of the parties involved in the demolition) demolition must be in accordance with the regulations, be demolished, lessee gives compensation and resettlement; to be demolished, the lessee must be in accordance with these regulations, during the relocation period to complete the relocation.
    Sixth (relocation management), urban and rural planning and construction Committee is the city's urban housing demolition administration authorities, urban housing demolition of its administrative departments are responsible for the day-to-day management of urban housing units.
    Land and natural resources, real estate, environmental protection, public security, industry and commerce, price and other administrative departments and services, telecommunications, cable TV, heating, water supply, gas, financial unit shall, according to their respective duties, cooperate in accordance with this approach, ensure that the demolition work smoothly.
    Chapter II administration of relocation seventh (demolition permit) urban housing units through a permit system.
    Units and individuals who did not obtain a demolition permit, and shall not effect the demolition work.
    Any unit and individual is prohibited altered, forged, lent, the sale of housing demolition permit. Eighth article (bid demolition license essential conditions) application received housing demolition license of, should to city housing demolition administrative competent sector submitted following file and information: (a) construction project approved file; (ii) construction with to planning license; (three) State-owned land right approved file; (four) housing demolition application, and demolition plans and compensation placed programme; (five) demolition range planning figure; (six) this city financial institutions issued of demolition compensation placed full funds deposit dedicated deposits account of deposits proved; (seven) needed
    Other documents and information to be provided.
    Public works construction projects, applicants are not required to provide files in the preceding paragraph I, II, III, but shall provide relevant documents approved by the municipal government.
    Department of urban housing demolition Administration should respond to from the date of receipt of the application within the 30th; upon review of demolition for eligible persons, issuing demolition permits, and housing units management fees charged by the regulation.
    Nineth (management of compensation funds) demolish the compensation funds should be deposited in a special deposit account in full, for use in demolition compensation, competent administrative departments are responsible for monitoring the use of house demolition.
    Tenth (notice of demolition) urban housing demolition permits are issued by the Administrative Department at the same time, should be demolished, duration of the demolition, relocation, demolition range duration and stop time matters such as water supply, power supply, heat supply, gas supply, in the form of housing demolition notices are published.
    Refers to demolition completed the demolition period start and end date for the demolition work.
    Term refers to relocation notice provision of relocation are relocated or lessee relocation compensation agreement entered into with the party and removed from demolished period.
    Urban housing demolition and demolished by the Administrative Department shall be to be demolished, housing advocacy, interpretation of the lessee.
    11th (demolition term) removal shall be determined according to the demolition permit demolition range and implementation of demolition the demolition period.
    Need to extend the removal period, removal shall be in 15th the time of relocation to apply to the competent Department of urban housing demolition administration, urban housing demolition Administration Department shall from the date of receipt of the application for extension in the 10th with a response, but the cumulative removal period shall not exceed 12 months.
    12th article (demolition range within limit of activities) demolition range determine Hou, city housing demolition administrative competent sector should to about sector issued written notification, any units and personal in housing demolition license provides of demolition term within suspended handle following matters: (a) new, and expansion, and rebuilt, and alterations housing; (ii) housing sale, and Exchange, and rental, and mortgage, and pawn, and gift, and points households, and analysis produced,; (three) handle new of business license, and housing ownership card, and land using procedures.
    Demolition expiry, suspension of measures on its own to lift.
    13th (demolition and commissioned its own demolition) can demolish demolition qualification demolition also may entrust a relocation relocation eligible entity. Demolisher delegate removal, should be commissioned to issue a power of Attorney, and a demolition contract.
    Demolisher shall from the date of demolition contract entered into in the 15th, the demolition contract report on urban housing demolition administration departments; mandated demolition unit shall not transfer the demolition business.
    Department of urban housing demolition administration shall not be demolished shall not accept relocation Commission.
    14th (qualification management of relocation and job training) implementing demolition unit, must be approved by the Department of urban housing demolition administration review, made house demolition qualification certificates personnel engaged in demolition work, through knowledge of the legal, business training and examinations, after acquiring the house demolition worker certificate, before engaging in demolition work.
    House demolition qualification certificate and adopt an annual inspection system. 15th (relocation compensation agreements) demolition and relocation deadline set by parties should be in a demolition notice, in accordance with these regulations, and signed relocation compensation agreements.
    Demolition compensation placed agreement should including following content: (a) was demolition housing of ownership, and address, and area, and uses, and structure, and floors, and relocation term, and compensation way; (ii) implemented currency compensation of, should contains Ming compensation standard, and compensation amount, and subsidies amount, and settlement way, and payment term; (three) implemented property replacement of, should contains Ming placed housing of ownership, and placed locations, and area, and uses, and structure, and demolition transition way, and property replacement post paragraph amount, and post settlement way, and contributions term;
    (D) the breach of the contract and the way to resolve the dispute; (v) demolition parties need to make other provisions.
    Demolition of rental housing, relocation shall be demolished, the lessee of housing relocation compensation agreement entered into.
    The normative text of the agreement, formulated by the competent Department of urban housing demolition administration. 16th (arbitration, litigation, and enforcement) compensation settlement after the agreement is signed, the demolition or relocation of the lessee within the prescribed period refused to move, relocation may apply to the Arbitration Commission for arbitration according to law, or a people's Court according to law.
    During the proceedings, party may request the people's Court according to law to be enforced. 17th (demolition), within the time limit specified in the announcement of the relocation, relocation is no compensation settlement agreement by the parties, moving between the date of expiry of the demolition the demolition date of expiry of the permit, application, issued by departments of urban housing demolition administration of the housing demolition permit decisions. Department of urban housing demolition administration is dismantled, by the people's Government at the decision.
    Award shall be made by the Adjudication Board from the date of receipt of the application in the 30th after investigations, evidence collection, made after verification. Not satisfied with the decision of the parties, within 3 months from the date of service of the decision on the local people's Court.
    Party pursuant to this regulation have to be demolished or lessee to pay monetary compensation or provide housing and do not stop execution of the demolition decision during the proceedings.
    18th (write-off of property right) compensation settlement agreement entered into before, be demolished should apply for registration of real estate ownership, relocation of people should be compatible with. 19th (determination of the construction area and the nature of) area and the nature of the demolition of houses, the housing records shall prevail.
    No record or controversial, the municipal real estate property management Department shall prevail.
    20th (enforcement) to be demolished or tenant relocation of relocation was not completed within the time limit specified in the ruling, and demolition applications, municipal people's Government instructed the relevant departments to enforce; or the Department of urban housing demolition Administration apply to a people's Court for compulsory execution.
    Compulsory execution and units shall be demolished housing related matters, to the notary evidence preservation. 21st (handling municipal construction project disputes) of municipal construction projects need to be demolished, in accordance with the disputes to be dealt with after the demolition to make way, first principles.
    Demolition and relocation of the party within the prescribed period of no compensation settlement agreement, be demolished and its higher authorities must obey the building needs, without affecting the removal of regional public facilities under normal conditions of use, after the preservation of evidence, according to the project requirements, scheduled for removal.
    22nd (saved and acceptance of the House to be demolished) were demolished and tenant relocation, we have to keep the integrity of the original, may not damage the facility, shall be liable for damage caused by.
    Demolished after demolition projects have been completed, should be applied for demolition of urban housing demolition administration authorities for acceptance. 23rd (transfer of construction projects)

    Have not finished building relocation compensation and resettlement project transfer, should be reviewed by the departments of urban housing demolition Administration agreed that rehousing in the original compensation agreement relating to rights and obligations with the transfer to the assignee. Assignee must be in a position to be demolished for the compensation and rehousing arrangements.
    The assignor and the assignee shall be notified in writing of the project to be demolished, and within 30th since the date of the signing of the contract of assignment should be publicly announced. 24th (units of property rights are unclear or controversial housing) dismantle title missing escrow houses, abandoned Canal and have dispute over the ownership of housing, relocation should be based on this approach to monetary compensation, reported to the competent Department of urban housing demolition Administration implemented after approval of demolition.
    Before the relocation, demolished a House to be demolished should be preservation of evidence relating to matters to a notary, and monetary compensation to a notary deposit.
    25th (of mortgage housing disposal) units with mortgage housing, in accordance with the relevant national security law enforcement. 26th (management of relocation allowances) demolished dismantled or lessee to pay temporary rental subsidies, removal of subsidies, tardy payments, finance charges must be reported to the competent administrative Department of urban housing units approved.
    Otherwise, the banks not to withdraw money, financial sector is not verification.
    27th (house demolition materials management) party must establish a sound relocation files, and transfer relocation information to relevant departments, housing demolition and administrative departments should strengthen the supervision of demolition and file creation.
    Demolished house demolition compensation and resettlement work be examined by departments of urban housing demolition administration, provide truthful information Department of urban housing demolition Administration has the responsibility to be checked to keep a secret.
    Chapter house demolition compensation and rehousing 28th (the conditions of compensation and arrangement for residential housing) units within the residential housing, and correspondingly, management of municipal real estate property issued by the Department of housing to be demolished should be compensation and resettlement. 29th (compensation) compensation for demolition of residential housing, monetary compensation, or property rights Exchange.
    Except as provided in paragraph three of article 24th, 42nd, but compensation can be demolished by choice.
    30th (and determine the amount of monetary compensation) of monetary compensation, compensation according to the location, purpose, area of houses to be demolished and other factors, to the city's real estate market to assess prices.
    Monetary compensation is calculated as: House to be demolished housing market assessment price x the construction area of the House to be demolished.
    31st article (currency compensation price lower standard) following standard for currency compensation price lower standard, was demolition residential housing of property market assessment price below currency compensation price lower standard of, by demolition people according to currency compensation price lower standard be currency compensation: (a) original housing for building of, sibling lots general commodity residential area each square meters average price of 90%; (ii) original housing for bungalow of, sibling lots general commodity residential area each square meters average price of 80%.
    Around the common commercial housing average price by municipal pricing administrative authorities together with the municipal construction, real estate and other sectors in accordance with ordinary commercial housing market the previous year average selling prices were determined and announced before the end of March in each year.
    These measures shall apply within the scope of real estate land lots of levels and compensation standards, by the municipal construction Administrative Department together with the municipal land and prices approved by the Administrative Department, submitted to the municipal people's Government for approval before implementation. 32nd article (residential housing demolition subsidies) was demolition housing each households area below following standard area of, demolition people should was demolition people of difference area part give currency subsidies, currency subsidies amount of calculation formula for: sibling lots currency compensation price lower standard of 70%x (standard area-original housing area): (a) is located in primary and secondary lots of, standard area for 30 square meters; (ii) is located in category IV lots of, standard area for 35 square meters; (three) is located in five
    , Six lots, standard floor area is 40 square meters.
    33rd (payment of monetary compensation) demolition of private residential housing monetary compensation all paid to be demolished.
    Units with partial private ownership of housing, shall be in accordance with the public part and the proportion of private ownership of part of the distribution of monetary compensation.
    34th (payment of monetary compensation time) monetary compensation payment compensation placed 30th after the signing of the agreement, at the latest, within each payment day demolition should take 1 ‰ of the monetary compensation for late fees.
    35th (property rights exchange the price of computing) implementation of property rights Exchange, demolition man and dismantled in accordance with the present article 30th, 32nd provided computing monetary compensation amount for the House to be demolished and replaced by housing price, the settlement of housing property rights exchange difference.
    Replacement housing shall comply with the requirements of the national quality and safety standards and design specifications to those of newly-built commercial housing, delivery shall be subject to prior acceptance and provides residential manual and residential quality guarantee.
    Article 36th (demolition of illegal buildings and temporary buildings) the demolition of illegal buildings and in excess of the approved duration of temporary buildings, without compensation; removal does not exceed the limit for temporary buildings, demolish the housing body (excluding factors such as environment, location) press reset prices into a new compensation. 37th (no housing housing demolition) building without titling the illegal building of houses in the district, will not be compensated.
    Demolition of squatter settlements without housing housing building, in principle, not be placed, but housing using both of the following conditions may demolish the subventions to the dismantled 6000 Yuan.
    (A) before April 15, 1998, household demolition range, and independent accounts, (ii) the independent portal, bedroom and kitchen space, the four seasons are living, building area of 15 square metres (15 square meters) above; (c) without lawful housing within the city.
    38th article (relocation grants fee, and delays subventions and temporary placed subventions) demolition city within of housing, demolition people should by following provides give was demolition people or housing tenant people grants (not containing illegal building housing of was demolition people): (a) was demolition people or housing tenant people for demolition and moved out of, by demolition people one-time paid each households relocation grants fee, and delays subventions the 200 Yuan. (B) the introduction of property rights Exchange places, relocation of people should pay people per household per month temporary resettlement to be demolished.
    = Demolition of temporary resettlement area of X5 Yuan/square meters.
    39th (bad time limits for payment of the purchase price) the movement of property rights Exchange, in accordance with the relocation and demolishes house demolition compensation as stipulated in the agreement signed between the time paid in full.
    40th (compensation for House to be demolished the existing buildings) arising from the demolition to be demolished or lessee of migration such as cable television, communications facilities, demolition should take a one-time compensation for relocation costs.
    Original gas facilities, monetary compensation, dismantled a personal payment, the demolisher should compensate put property rights Exchange, after being dismantled or renter households, have no gas facilities installation fee.
    41st (entrance fee and security deposit) the property rights Exchange, dismantled, or the lessee into account when, on behalf of the Party shall not in any charging entrance fees and deposit fee.
    42nd (compensation and rehousing of the leased premises) relocation of public rental housing monetary compensation shall be determined by the lessee to purchase the houses to be demolished after the property and demolished it in accordance with this article 30th, 32nd provisions for monetary compensation.
    Demolition of public rental housing, homeowners and renter lift rentals to be demolished or homeowners to be demolished before the demolition has already placed the lessee, demolisher compensate dismantled.
    The House to be demolished owner and lessee on termination of lease relations cannot reach agreement, the demolition should be demolished all implement equivalent housing property rights Exchange, property rights exchange houses remains from the original lessee of the lessee, owner and the lessee to be demolished again entered into a lease agreement.
    Demolition of private rental housing, demolished only to be demolished the owner compensation and rehousing, the lessee and the houses to be demolished all the leasing contract would be automatically lifted.
    43rd (crops and trees) removal of crops on State-owned land without compensation, compensation for cutting down trees in accordance with the relevant provisions.
    Fourth chapter non-residential housing demolition placed compensation 44th article (should to compensation placed of non-residential housing should has of conditions) demolition was demolition people of non-residential housing, must while has following conditions of should to compensation placed: (a) in demolition range within has Office, and production, and business with room; (ii) has corresponding of housing ownership card; (three) has land using card; (four) has legal office, and production, and business proved. 45th (non-monetary compensation of residential housing and property rights exchange differences calculation) demolition of compensation for non-domestic currency, monetary compensation should be assessed according to the demolition of the housing market prices determined implementation of property rights Exchange, shall be demolished non-domestic currency compensation with the housing property market settled after the post to be placed.
    Property rights exchange of housing relocation sites should be determined according to the nature of land use and urban planning of the municipal government.
    Adjunct of the non-public housing demolition, no property rights Exchange, monetary compensation is given by party. 46th (demolition of non-residential housing suspend compensation) caused by the demolition of non-residential housing suspend, the demolisher demolishes compensation should be given to the following costs: (a) the use of goods as well as disassembly, transportation and installation costs;

    (B) cannot be restored using equipment based on replacement value into a new settlement costs, (iii) discontinued, other economic loss of business due to demolition, assess compensation costs.
    47th (demolition compensation cost of closed before use) demolition has been administration of industry and Commerce approved the closure of non-residential housing, demolishes monetary compensation, monetary compensation arrangements should be priority for employees ' pension insurance.
    48th (non-residential housing units are not items) before non-residential houses have been demolished, people's debts to be demolished, raw materials, goods, stock of goods, rental of rental losses are not compensated. 49th article (pipeline migration compensation) for housing demolition need demolition demolition regional within of power, and water, and gas, and telecommunications, and wired TV pipeline, public facilities, the demolition regional planning in the clear by demolition people funded reconstruction of, demolition people and public facilities original property units signed reconstruction agreement Hou not compensation, by original property units itself demolition; demolition regional planning clear canceled of public facilities or not clear by who investment reconstruction of,
    Demolition should be dismantled public facilities replacement value as new compensation for former property unit, the compensation does not meet the capital investment.
    50th (House relocation and compensation of municipal engineering) project need to be demolished, according to this approach the relevant provisions, all monetary compensation.
    Project needs to be migrated or removed various pipelines, fences, advertising plaques and other temporary buildings or structures shall not be compensated by setting the unit to remove.
    51st (relocation and compensation of public welfare housing) units for welfare housing, relocation shall, in accordance with relevant laws and regulations and the requirements of urban planning, according to the nature and scale of the reconstruction, or price compensation assessed in accordance with the city's real estate market.
    Fifth chapter removal assessment 52nd (assessment agencies) to housing market assessment price assessment by a competent real estate appraisal institutions identified.
    53rd (rating agency selection) urban housing demolition administration authority shall publish the list of property assessment agencies, all with legal qualifications, people choose to be demolished.
    54th (content) should be assessed according to the House to be demolished location, purpose, area, new factors determining price. 55th (assessment) residential housing by the city and County real estate appraisal real estate market prices in accordance with the previous year the Committee of experts, taking into account such factors as supply and demand and environmental change, different location, different structures, different types of housing price per square meter floor space, and announced to the public on a regular basis. Assessment bodies according to the House to be demolished new, floor, orientation, and environment factors, determine the compensation price of each House to be demolished.
    Real estate appraisal Expert Committee should be composed of 3 of the national register of the real estate assessment Division.
    56th (assessment disputes) are relocated or demolished disagrees with the results of the appraisal, real estate appraisal Expert Committee found.
    Real estate assessment adopted by the Committee of experts of the rating agencies should be evaluated, assessment methods and procedures, and to audit and make effective decisions. Assessment of costs borne by the demolition.
    Real estate appraisal Expert Committee ruled that the original results valid, ruled that the objection's expense; the original assessment is invalid, ruled that the original assessment agency's expense.
    The sixth chapter penalty 57th (implementing demolition of unauthorized punishment) demolition failed to obtain a demolition permit, unauthorized demolition of the implementation, the Department of urban housing demolition Administration ordered to stop the demolition, with a warning, and demolished a building area of less than 20 Yuan and 50 Yuan per square metre penalty.
    Altered, forged, lent, the sale of housing demolition permit, the Department of urban housing demolition Administration ordered corrective action, and a fine of 10,000 yuan and 30,000 yuan fine.
    58th (providing false documents to defraud a demolition permit punishment) party of providing false documents to defraud the housing demolition permit, the Department of urban housing demolition administration revoked the demolition permit housing and relocation compensation fee fine of 1% more than 3% below.
    59th article (about violations of punishment) demolition people violation this approach provides, has following behavior one of of, by city housing demolition administrative competent sector ordered stop demolition, and give warning, can and at demolition compensation placed funds 3% following of fine; plot serious of, revoked housing demolition license: (a) not by housing demolition license determine of demolition range implementation demolition of; (ii) delegate not made housing demolition qualification certificate of units implementation demolition of; (three) unauthorized extended housing demolition term of.
    60th (transfer relocation business of punishment) commissioned the demolition violates these rules, transferred the demolition operations, the Department of urban housing demolition Administration ordered corrective action and confiscate the illegal income and impose contractual compensation for resettlement more than 25% 50% the following fines.
    61st (other Department management permission) permission acts in violation of these procedures involve other administrative departments, by the relevant authorities in accordance with provisions of law and rules and regulations will be punished.
    62nd (obstruction) of obstructing, by the public security organs in accordance with the People's Republic of China public security administration punishment regulations shall be punished; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    63rd (administrative reconsideration and litigation) refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    64th (management responsibility) departments of urban housing demolition administration in violation of the regulations issued by the housing demolition permit or other approval documents, issued by house demolition permit or other approval documents does not discharge the responsibilities of supervision and administration, or for illegal activities is not investigated, the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    The seventh chapter by-laws article 65th Benxi, Huanren Manchu autonomous county of urban housing units management can be performed in accordance with the measures.
    66th (State land outside the area demolition) in Benxi City, Liaoning province plan implemented on State-owned land in another area, housing units, and need to be demolished the compensation and resettlement, in accordance with the measures implemented. 67th (implementation) these measures as of the date of promulgation.
                                                        April 15, 1999 issued by the people's Government, the 62nd district, Benxi City abolished at the same time of the Benxi urban housing units management.