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Urban Housing Units Management

Original Language Title: 沈阳市城市房屋拆迁管理办法

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(Act No. 19 of the People's Government Order No. 25 February 2003)

Chapter I General
In order to strengthen the management of urban homes, to preserve the legitimate rights and interests of the dispersed parties, to ensure the smooth conduct of construction projects, and to develop this approach in line with the State Department's Urban Housing Democtation Regulation.
Article 2, State-owned land demolitions in urban planning areas within the city's administration, and relocations are required to compensate and house demolitions and apply this approach.
Article 3. The relocation of urban homes as described in this approach, including the construction of municipal buildings and the relocation of homes, including Government land reserve projects.
The removal of persons referred to in this approach refers to units that have access to the Housing Democtation Removal Removal Licence.
The demolitions described in this approach refer to the owner of the demolitions.
The housing tenants referred to in this approach refer to units or individuals that have legal rental relations with the dispersed.
Removals should be compensated, resettled and housed for the dispersioned, as stipulated in this approach, and the removal shall be completed within the relocation period.
Article IV. Removal of urban homes must be in line with urban overall planning, which facilitates the rehabilitation and ecological improvement of old areas and protects monuments.
Article 5. Shen positive city housing is the administrative authority for the demolition of homes in the city and oversees the evictions of homes in the city. The Removal of Urban Housing in Shein City Office is responsible for the day-to-day management of house demolitions in the city.
In each district (commune) the Government's urban house demolition administrative authorities are governed by the supervision of the relocation of urban homes within this administrative area.
All relevant sectors should work in line with the statutory responsibilities to manage the relocation of urban homes by the urban housing demolition administrative authorities.
The land administration authorities in municipalities, districts (markets) are responsible for land management related to the relocation of urban homes.
Chapter II General provisions
Article 6. The units of the demolition of homes have access to the Housing Democtation Removal Removal Licence, which can be implemented.
Article 7. The units applying for the demolition of urban homes shall submit the following information to the administrative authorities for the relocation of urban homes:
(i) Applications for demolitions, including demolition plans, demolition programmes, compensation for details;
(ii) The construction project approval of documentation and the construction of a land-based planning licence;
(iii) Location map;
(iv) Approval of documents by State ownership of land use;
(v) Government land reserve documents;
(vi) The right to property is verifying;
(vii) Removal compensation funds have been transferred to the designated accounts as required;
(viii) Other information provided for in laws, regulations and regulations.
Article 8. The relocation of urban homes shall be subject to review of the application within 30 days of the date of receipt of the application for house demolitions. In accordance with the provisions, the Housing Demobilization Facility was granted.
Article 9. In parallel with the issuance of the Housing Democtation Removal Licence, the relocation of urban homes, etc., should be made public in the form of a home demolition announcement.
The duration of demolitions is determined by the administrative authorities for the relocation of urban homes in accordance with the scale of evictions and the nature of the demolition project, which is generally not more than three months, and municipal construction projects are not limited to one month.
The relocation of administrative authorities and demolitions in urban homes should be informed and interpreted in a timely manner with regard to the relocation of the dispersed and the house's tenants.
Article 10. Demobilizing persons must carry out house demolitions in accordance with the range of evictions and the duration of evictions established by the Housing Secret.
Removals need to extend the period of relocation, and requests for extension of demolitions should be submitted to the urban house demolition administrative authorities within 15 days prior to the expiry of the relocation period. The administrative authorities for the relocation of urban homes should respond within 10 days of the date of receipt of the request for extensions.
The extension period of demolitions was announced by the urban house demolition administrative authorities.
Article 11. The owner of the demolition of the house has not been housed within the scope of the demolition, and the owner of the house has been informed of the relocation of the houseowner and the houseowner's homeowners.
For the first time the demolition was due under the Housing Democation Licence permit, it was not possible to notify the dispersed, to conduct a survey of the demolitions, to provide evidence for the maintenance of the public evidence and to propose compensating resettlement programmes that could be removed after the approval of the urban house demolition administrative authorities.
Article 12 Demobilities may be removed from their own homes or may also be entrusted with the removal of units of the Urban Housing Licence Certificate, but the relocation of urban homes shall not be carried out as a dispersal and shall not be delegated to demolitions.
Article 13. Demobilization of evictions should be delegated to the authorized units and a contract for the commission of evictions. Removals should be entrusted to the relocation contract to the administrative authorities for the relocation of municipal houses within 15 days from the date of the contract for demolition.
The dispersed units entrusted may not transfer demolition operations.
Article 14. The dispersion and the dispersion shall establish a housing relocation indemnity agreement with respect to the manner of compensation, the amount of compensation, the location and area of the house, the duration of the relocation, the mode of relocation and the transitional period, the default responsibilities and other matters considered by the parties.
The housing house is up to 10 levels, with the transition period not exceeding two years; the house is housed at more than 10 (with 10 levels) and the transition period should not exceed three years.
Article 15. The demolition of rented homes is one of the following cases, and the removal of the person shall enter into a settlement agreement with the dispersed and the tenants of the house, respectively:
(i) Dismoval of public housing houses that are required by the Government for rental standards and the choice of currency compensation by the dispersed;
(ii) Dismoval of private housing houses that provide for rental standards by the Government;
(iii) Removal of homes in accordance with national implementation of private housing policies.
Article 16 stipulates that the removal of the eviction agreement between the dispersed and the dispersed, the dispersed and the tenants of the house cannot be reached within the time period of demolitions provided for in the declaration of relocation, and that the parties shall apply for the relocation of administrative authorities to the urban house until the date of the release of the release of the release announcements; the relocation of the administrative authorities of the city's house demolitions is the dispersed and the decision of the same people.
The ruling organ shall rule within 30 days of receipt of the application.
Article 17 parties may sue the People's Court in the house within three months from the date of the award.
In accordance with this approach, the dislocators have provided monetary compensation to the dispersed, the tenants of homes or the provision of demolitions, swing houses, and the execution of demolitions during the proceedings.
Article 18 was removed by a dispersed person or by a house tenant who had not been relocated within the time period of relocation under the decision, and the organ of the decision had been requested to impose demolitions by the Government of the District or the relevant sector, or by the administrative authorities of the urban house demolitions to apply to the people's courts for forced evictions.
In the event of forced evictions, the demolitions should be preserved by evidence to the public evidence authorities on matters related to the demolition of homes.
Article 19 After the conclusion of the agreement on house demolitions, the parties may apply for arbitration by law to arbitration bodies or to the People's Court.
Removals, renters and tenants have refused to relocate within the period of relocation agreed upon by the settlement agreement, which may apply for arbitration under the law or may also be prosecuted before the People's Court. During the proceedings, the dispersed may apply to the People's Court before being executed by law.
Article 20, when evictions of titles, the right to use contested houses are carried out, reparations programmes should be proposed to cover demolitions after approval by the urban home demolition administrative authorities. The demolitions should be preserved by the public evidence authorities on matters related to the demolition of homes.
Article 21, the demolition of houses by municipal construction projects, should be guided by the principle of pre-moval and post-conflict settlement. The dispersed must be subject to the construction needs and, in accordance with the construction requirements, ensure that the relocation is carried out on time.
Article 2 has not yet been completed with respect to the transfer of compensation, resettlement construction projects, with the consent of the municipal housing demolition authorities.
After the transfer of construction projects, the rights and obligations of the former relocation indemnity agreement were transferred to the transferee. The transferee and the transferee shall notify, in writing, the dispersed, the renter of the house and inform the transferee within 30 days of the date of the contract.
Article 23 should establish regulatory agreements for the use of relocation indemnity funds with financial institutions that are dislocated and dislocated by the relocation of urban homes. Removal compensation for resettlement funds should be deposited into the accounts opened by the dislocators in financial institutions.
Urban house demolitions should be strengthened by the administrative authorities to strengthen the regulation of the use of relocation compensation funds and to ensure that the total amount of relocation funds are allocated to house demolitions.
Article 24 should establish a management system for the sound housing demolition of archives and enhance the management of information on the demolition of archives. Removals and licensed demolition units should be established in accordance with the provisions for the establishment of house demolitions and the timely issuance of information to the urban housing demolition administrative authorities.
Chapter III Removal compensation and resettlement
Article 25. Removal of homes may be granted monetary compensation or a transfer of property. In addition to the provisions of this approach, the displaced persons have the right to choose the remedy.
The introduction of home property transfer is based on the calculation of the amount of compensation for demolitions and the cost of real estate market assessment for relocated homes and the closing of the price of the property transfer.
Article 26 Removal houses are compensated and housed for their use. The use of houses is recorded in the form of home ownership documents, and there is no record of housekeeping.
In the case of approval, changes were made to the use of public housing houses and the purchase of full property in accordance with the housing reform policy, which were compensated and accommodated under non-residents.
Article 27 provides that the area of house buildings is subject to a home ownership certificate or a home lease certificate, which is not documented or contested, and the parties may apply in writing to the housing sector, the home ownership registration certificate sector within the period of separation. The area of construction verified by the housing sector, the home ownership registration certificate sector is limited.
Under article 28, the demolition of rented homes, the removal of the lease relationship between the house's tenants or the resettlement of the house's tenants, the relocation of the dispersed to the dispersionees, and the relocation of the dispersed from the house's tenants to the extent that they cannot reach agreement with the housing tenants on the lifting of the lease relationship, and the relocation of the dispersed persons to the property rights of the dispersed. The property transferee's home was leased by the original house tenant and the dispersed should re-establish the housing lease contract with the tenants. However, the circumstances set out in article 34 of this approach are exceptional.
Article 29, when the demolition is a home ownership certificate or a home lease certificate, there is a single household with independent living conditions and is treated by sub-households.
Article 36 of this approach provides for compensation and placement, in accordance with article 36 of this scheme, after the removal of limited property housing houses purchased in accordance with the housing reform policy.
Article 31 provides for a transfer of property rights, which is agreed upon by the dispersal and the dispersed. The consultations were not in the process of planning for the housing of the original place, planning for non-residents and settling them.
Article 32 dismantles temporary buildings that are in contravention of the chapter and exceed the authorized period without compensation; the removal of temporary buildings that are not more than authorized deadlines is compensated in accordance with the net value of the building.
The demolition of houses should be evaluated by the property assessment body. Removal parties contest the results of the assessment, and the Committee of Experts on Housing Stockpiles, organized by the Urban Housing Democtation Administration, validated the findings as a basis for the removal of the relocation.
Article 34 dismantled private rental housing, which is prescribed by the Government, as well as the return of private housing policy-holders to their homes, and the termination of the lease relationship. The amount of compensation paid by the dispersed owner is reimbursed in accordance with the real estate market assessment price; the tenant of the house is compensated for the minimum compensation criteria established by the municipality; and the non-residenthold tenants are compensated for 60 per cent of the real estate market assessment price of the dislocated house.
Article XV Lossss of public rental houses under the Government's standard of rents, which are chosen by the dislocators to compensate for the termination of the lease relationship between the two parties, as follows:
(i) Removal of homes and compensation for 20 per cent of the estimated price of the land-ustainable property market for demolitions; and compensation for the tenants in accordance with the minimum compensation criteria established by the municipality.
(ii) Dismoval of non-residential homes, compensation is provided to the dispersed for 40 per cent of the estimated price of the land-used housing estate market; and compensation is paid to the tenants for 60 per cent of the cost of the real estate market assessment of the dislocated houses.
Article XVI provides monetary compensation for the demolition of homes and, in accordance with the real estate market assessment price, assesses that the price is less than the minimum compensation criteria provided by the municipal government and is compensated by the dislocators on the basis of the minimum compensation criteria. However, the conditions set out in article 34 of this approach and article 35, paragraph 1.
Article 37 Dismoval of homes, the minimum standards for monetary compensation are based on the following formulas:
(i) Tenants: minimum compensation = average transaction price x80 per cent of the land area of the land of the land of the demolition of the house and a subsidy area x 40 per cent of the average transaction price of the estate market.
(ii) Self-habited property owner: minimum compensation = average transaction price of the house of the land of the demolition of houses x the real estate market plus a subsidy area x 40 per cent of the average residential transaction price of the real estate market.
Article 338 of the average transaction price of housing in the real estate market has been determined by the Committee of Experts on Housing Lemoval Realization Assessment, in accordance with factors such as supply and demand-sharing, district and environmental changes, and made available on a regular basis by urban housing demolition administrative authorities.
Article 339 dismantled houses and does not grant an area subsidy. The demolition of houses is not a set of houses, with its construction area less than 45 square meters. Its area of subsidy = 45 square mete-removed house building.
A set of dwellings refers to the existence of separate housing units, kitchen houses, and the building blocks between health, and the use of a house other than a single house.
Article 40 demolitions of homes and demolitions should bear the following costs:
(i) An amount of $400 for a one-time relocation of house users;
(ii) Execution of home property rights transfers, with a maximum of US$ 400 at a monthly rate of 10 square meters per square meteor of the land area of the demolition of houses, for the self-settlement of the housing homeowner, which is not less than $2.0 per month. The application of monetary compensation provides for a one-month temporary settlement grant under the above-mentioned provision;
(iii) The use of the home for the production of the house to receive a lump sum of $800 per person per person of the business;
(iv) Reimbursement for telephone, cable television and information networks.
Article 40 provides monetary compensation for the removal of non-residential homes, and compensation is paid in accordance with the real estate market assessment price. The following compensation costs are incurred by the dispersion:
(i) The non-renewable equipment, combined with the replacement price;
(ii) Removal fees for freight and equipment;
(iii) Recovering the cost of facilities for the recovery of the production of water, electricity, heating, gas, drainage, communications, etc.;
(iv) Compensation for two months in accordance with the criteria set out in article 42, paragraph 1.
In addition to article 41, paragraphs 1, 2, 3 and 3 of this approach, the removal of non-residents should bear the following costs:
(i) Reimbursement for the period of transition for enterprise workers who have been discontinued as a result of evictions. The removal of commercial premises is compensated according to the standard of 50 square meters per month of the area of house demolitions. The demolition of non-commercial houses is compensated according to the standard of 25 per square met per square met. The use of the premises for production is reimbursed in accordance with the standard of 10 square meters per land area.
Commercial properties refer to non-residents where houses are located on the streets and are directly used to operate, such as commercial sites, stores, municipalities, doors, etc.; non-commercial properties refer to other non-commercial houses, such as offices, warehousing houses, production plants, garage, etc.
(ii) Reimbursement for profits on an annual basis by 20 per cent of the total profits after the enterprise's previous two years.
Chapter IV Corporal punishment
Article 43, in violation of the provisions of this approach, has not been granted a home demolition permit, has been carried out by the urban administration administrative law enforcement authorities to put an end to demolitions, to warn and to impose a fine of up to $50 per square m2.
Article 44, in violation of the provisions of this approach, dismantled persons by deceasing access to the Housing Democtation Removal Licence by means of deceasing, were revoked by the urban administration's administrative law enforcement authorities and vacced by more than 3 per cent of the relocation indemnities.
Article 42, in violation of the provisions of this approach, contains one of the following acts, which are committed by the urban administration administrative law enforcement authorities to stop their evictions, provide warnings that they can and can be removed from the fine of 3 per cent of the settlement; and, in the event of serious circumstances, revoke the Housing Demobilization Facility:
(i) No house demolitions were carried out in accordance with the range of demolitions established by the Housing Democtation Licence;
(ii) To entrust removal of units that do not qualify for evictions;
(iii) Oriental extension of the duration of evictions.
Article 46, in violation of the provisions of this approach, accepts the transfer of demolition operations by the delegated removal units, which is redirected by the urban administrative law enforcement authorities, forfeiture the proceeds of the conflict and fines of more than 50 per cent of the contractually contracted relocation service.
Article 47, in violation of the provisions of this approach, is subject to administrative disposition by the competent and other responsible persons directly responsible, in the event of a serious loss of public property, State and people's interests, which constitutes a crime, and criminal liability by law.
Chapter V
Article 48 is implemented in accordance with the provisions of this approach by reason of the need for the protection of the material or the relocation of the original building in accordance with planning requirements.
Article 49 covers the demolition of homes in foreign countries in the urban planning area of the city and requires compensation for the resettlement of the dispersed and implementation of this approach.
Reimbursement, subsidies standards can be developed in the context of the practical provisions of this approach in the region, in accordance with the relevant provisions of this approach.
Article 50 of this approach is implemented effective 1 March 2003. The application of the regulations on the demolition of homes in the city of Shen positive (Official Gazette No. [1998]3), the Modalities for the rehabilitation of homes in the Shen neighbourhood (No. [1998]17), the Modalities for the relocation of homes in the town of Shenung (No. [1999]30).