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Xinjiang Uyghur Autonomous Region, Implementing The Regulation On Urban Housing Demolition Administration Rules

Original Language Title: 新疆维吾尔自治区实施《城市房屋拆迁管理条例》细则

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(Summit No. 109 of 6 March 2003 of the People's Government Order No. 109 of the Newangur Self-Autonomous Region)

Chapter I General
Article 1 provides for the implementation of the Urban Housing Democtation Regulation (hereinafter referred to as the Regulations) and establishes this rule in conjunction with the practice of the self-government area.
Article 2, State-owned land demolitions in the area of urban planning in the self-government area, and the need for compensation and resettlement for the dispersed, should be respected.
The house demolitions described in this rule refer to the relocation of the dispersed, the organization and implementation of the settlement agreement, the organization of house demolitions and their subsidiarys.
The housing referred to in this rule refers to all types of housing buildings and their accompanying lines, equipment.
The property referred to in this rule refers to buildings, constructions and other valuable attachments within the scope of the house.
Article 3 builds administrative authorities in the self-government area to monitor the evictions of urban homes in the current administration.
The State, the city (territorial) and the people's government are responsible for the management of the housing demolitions, and oversees the relocation of urban homes in this administrative area.
In accordance with the relevant laws, regulations, the land administration authorities of the above-ranking people are responsible for the management of land relating to the relocation of urban homes.
Chapter II
Article IV. The demolition of houses shall be provided in accordance with the provisions of the Regulations, which shall clarify the following matters:
(i) Basic conditions for construction projects;
(ii) The scope of evictions, the modalities of evictions, the time required for relocation and the duration of relocation;
(iii) The situation of house demolitions;
(iv) It is expected that the area of monetary compensation and the transfer of property will be implemented to compensate for the proposed budget for resettlement funds;
(v) The number, standards and location of swinghouses that can be provided;
(vi) Protection measures for housing, greenfields and other facilities to be retained in the context of evictions.
Reimbursement funds should be stored exclusively. Removals should enter into agreements with house demolition management, financial institutions to dislocate funds. The payment agreement should contain oversight responsibilities from the home demolition management for the payment of compensation.
Article 5 Housing demolition management, while granting home demolition permits, should issue home demolition announcements, which should include the name of construction projects, the demolitions, the scope of evictions and the authorized duration of relocation, the duration of demolitions, and the removal of relocation permits. The announcement of house demolitions should be posted in the area of relocation; the project for the extension of the duration of evictions should be renewed.
Article 6. Housing demolition management shall not in any way designate distributors, house demolitions and relocation assessment units for dispersed parties.
Article 7. house demolitions should be borne by construction enterprises with secure conditions, with the exception of simple and single-scale homes.
Article 8. After the definition of the scope of evictions, units and individuals within the range of demolitions are not allowed to build, expand and renovate homes, and construction should stop construction. The dispersion may preserve the evidence to the public evidence body.
Article 9. A person who has been removed shall be one of the following acts before the definition of the scope of the evictions and shall apply to the relevant authorities during the relocation period of the notice:
(i) Changes in the local nature of housing planning without permission from administrative authorities such as urban planning and land;
(ii) Changes in the area of housing construction, the status of rights and interests, and no registration of changes in the right to housing as prescribed;
(iii) No registration of a lease contract is required.
In order to meet the required conditions, the relevant authorities should approve and process changes, voucher registration procedures. Removals should be compensated in accordance with changes in the status of post-registration homes.
Article 10. Demobilizing parties shall not be eligible for compensating settlement agreements within the period of relocation approved by the release announcement, from the date of expiration of the relocation period until the date of the expiry of the relocation period, and the decision of the management of house demolitions issued by the parties for the granting of a home demolition permit.
Removal decisions should be made publicly.
The management of house demolitions is not judicated in connection with the separation of persons, the removal of units is subordinate to or in the interest of the demolition; the management of house demolitions violates the provisions of the Regulations as a dispersioner and renders decisions null and void. The parties may apply to the top-level house demolition authorities.
Article 11. Dismovals and other relevant units shall not be removed in the same building that has been removed within the period of relocation approved by the proclamation of demolitions, nor shall there be no cessation of water supply, electricity, gas, heating, or other conduct that impedes the normal life of the dispersed.
Chapter III Removal compensation and resettlement
Article 12. Removal compensation may be applied in monetary terms or in the form of housing property transfer. In addition to the provisions of the State, the way in which the removal of compensation was chosen by the dispersed.
Article 13. Instituting monetary compensation, the dispersed and the dispersed may determine monetary compensation in the light of the market price of similar homes, as well as co-selection of real estate price assessment institutions, price assessment of the demolition of houses and monetary compensation. The assessment fee was paid by the dispersed.
Execution of monetary compensation shall provide for the amount of compensation, the manner of payment, the date of the relocation, the relocation grant and default responsibilities, as well as other provisions agreed by the parties; the introduction of the property transfer agreement, the relocation of the relocation indemnity agreement shall also provide for the location, area, structure, the poor settlement rate and the relocation modalities, the transition period and the temporary settlement grant.
Article 14. Removal of illegal buildings to be dismantled by law shall not be compensated. The determination of illegal buildings is made by the urban planning administrative authorities or by land administration authorities.
Article 15. The cost assessment of house demolitions should be in compliance with the relevant provisions of the valuation of property in the State and autonomous areas and be independent, objective, open, fair and fair.
Article 16 dispersed persons or dispersed persons contested the assessment results, which should be explained by the assessment body. The dispersed or dispersed may require an ex-assessment body to review, or otherwise entrust the assessment body with the payment of the assessment expenses by the objector.
Article 17 Dismoval of rented homes, and the relocation of the dispersed and the tenant from the house does not reach agreement on the lifting of the lease relationship, as follows:
(i) The tenant's rented homes and in accordance with the conditions relating to the rental housing, the dispersion of the property rights of the dispersed person shall be relocated and the relocated home shall be rented by the original tenant;
(ii) The tenancy unit is housed and the dispersion has opted for monetary compensation, and the dispersion should pay 80 per cent of the amount of compensation to the lessee, 20 per cent to the dispersed, with the exception of the lease agreement between the parties.
Article 18 Demobilization of private housing acquired by public housing, affordable housing or free access to land-use rights should be compensated for the dispersion by the real estate market assessment price.
Removals provide the same paragraph, the same purpose and the same area of housing for priority purchase by the dispersed, and can be compensated in the light of the housing replacement price.
Article 19 Removals of property and swing houses should be consistent with the quality, safety standards set by the State.
Removals with a view to redeploying property rights, which should be user-friendly, consistent with the design of normative standards and obtain the approval of the construction map design document in accordance with the law; and after the approval of the property-electing house design document, the dispersion of homes without the written consent of the dispersed, the separation of houses, the change of the interests of the dispersed, such as homes, facilities, and the processing of the relevant provisions of the commodity sales.
The former provision should be made clear in the settlement indemnity agreement.
Article 20 Dismoval of unprovoked, undocumented property relations, unaccounted for property belonging to the owner is treated in accordance with article 29 of the Regulations.
Article 21, the dispersion shall pay for relocation grants, such as demolitions, or home tenants, for demolitions, or for demolitions, to be determined in consultation with the parties.
The dispersed person or the tenant of the house shall organize their own accommodation during the transitional period, and the dispersion shall pay the temporary settlement grant. The criteria for the grant are determined and published by the city of the house, the veterans' government in accordance with the rental market price and adjusted in due course.
The period of transition to house demolitions is determined by consultation between the demolitions and the dispersed. During the transition period, starting from the deadline for the approval of the release, no less than the construction of the premises.
The actual transition period for the dislocated or tenant was calculated from the date of relocation to the date of relocation. As a result of the extension of the transition period due to the responsibility of the dispersed, the dispersed should pay the temporary accommodation allowance for the use of the swing house and for the replacement of the self-scheduled dispersed or house tenants, twice the payment of temporary accommodation grants.
Article 23 redeploying non-residential homes and dispersed persons compensated for the direct economic losses caused by spoilers during the relocation of property rights.
Article 24 entered into force for the settlement agreement signed by the dispersing party and the transferee shall refer the property rights of the house to the removal of the owner for the purpose of the registration.
Chapter IV Legal responsibility
Article 25 Demobilizing persons, in violation of the provisions of this rule, has one of the following acts, been converted by a warrant for the relocation of homes to the management of demolitions, warnings, which may be subject to a fine of up to 5,000 dollars; in the event of a serious nature, the suspension of house demolitions and the imposition of a fine of €50 million over 20000; causing economic losses and liability under the law:
(i) No separation indemnity settlement agreement with the dispersed, or the removal of the settlement dispute has not been ruled out;
(ii) The demolition of houses already relocated within the period of relocation and the cessation of water supply, electricity, heating, or other acts that impede the normal life of the dispersed.
Article 26 Management of house demolitions violates the provisions of this rule, consists of one of the following acts, being rectified by a superior authority and administratively disposed of by the competent and direct responsibilities directly responsible, in accordance with the law; in serious circumstances, causing significant loss of public property, State and people's interests, constituting a crime, and criminal liability under the law:
(i) To grant home demolition permits and other authorization documents for projects that do not meet the conditions of relocation;
(ii) The decision on demolitions is not public or does not provide for the advice of the parties to the removal;
(iii) As a dispersionor or receive direct demolition activities;
(iv) Designation of removal units, house demolition units or relocation assessment units for the dispersion of the parties;
(v) There is no provision for the publication of a notice of demolitions, the non-performance of the responsibility for the supervision of evictions or the non-execution of the offence.
Article 27, in violation of the provisions of this rule, shall be punished in accordance with the Regulations and the relevant laws, regulations.
Chapter V
Article twenty-eighth house demolitions in urban planning areas are carried out in accordance with the relevant laws, regulations and regulations governing land management.
Article 29 On 29 April 1992, the Government of the People of the Autonomous Region approved the enactment of the Rules for the Implementation of the Regulations on the Removation of Urban Housing in the Uighur Self-Government Zone (New Deal No. [1992]103).