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Interim Measures For Harbin Urban Housing Units Management

Original Language Title: 哈尔滨市城市房屋拆迁管理暂行办法

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(Health 3rd Session of the Government of the city of Harmira, 15 March 2007 to consider the adoption of Decree No. 155 of 9 April 2007 No. 155 of the People's Government Order No. 155 of 9 April 2007 effective 15 April 2007)

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 Regulations on Housing Demobilization Management and the Regulations on the Removation of Urban Housing in the Blackon Province.
Article 2 implements home demolitions on State-owned land in urban planning areas within the city's administration and requires compensation for the displaced persons.
Article 3. Urban house demolitions should be in line with urban planning, in order to facilitate urban rehabilitation, improve the urban ecological environment and the living conditions of the population and protect the historical cultural landscape of cities.
Article IV. This approach refers to units that have access to housing demolition permits under the law.
This approach refers to all persons who have been removed from homes.
The scheme refers to units and individuals that have legal rental relations with the dispersed.
Article 5 Demobilization should be compensated for the dispersed, in accordance with this approach; the relocation of the dispersed should be completed within the time of relocation.
Article 6. The municipal housing demolition authorities are responsible for supervision of the relocation of urban homes throughout the city.
The land demolition authorities are responsible for the management of urban house demolitions within the Territory, in accordance with their responsibilities.
The district (market) house demolition authorities are responsible for the management of urban house demolitions within the Territory.
The executive branch, such as construction, planning, land resources, public safety, business, goods, tax, labour, civil affairs, urban administration, should be managed in accordance with their respective responsibilities.
Chapter II General provisions on demolition management
Article 7 units that break the house can apply for the issuance of a notice of demolitions to municipal, district (market) housing demolition authorities, after obtaining a licence for the construction of land-use planning and approval of national land-use rights instruments.
The following shall not be carried out within the scope and duration of the evictions issued by the notice of demolitions:
(i) Construction, expansion and alteration of homes;
(ii) Changes in homes and land use;
(iii) New housing rental relations;
(iv) Processing of changes in business units relating to the compensation for evictions.
The authorities for house demolitions in the city, the district (market) shall notify the relevant authorities in writing of the suspension of the procedures in respect of matters listed in paragraph II of this article. The duration of the suspension shall not exceed six months.
Article 8. The demolition may be carried out when the units of the demolition of homes are granted permission for the demolition of homes.
Article 9 requires access to housing demolition permits and shall submit the following information to the municipal, district and municipal authorities for house demolitions:
(i) The construction project approval document;
(ii) Building a land planning licence;
(iii) National ownership of land use instruments;
(iv) Removal compensation for financial institutions designated by municipal, district (market) housing demolition authorities;
(v) Removal plans and demolition programmes.
The demolition plans set out in paragraph 1 (v) of this article should include elements such as the scope of evictions, the duration of evictions, the steps taken to dismantle evictions and specific work measures; the demolition programme should include the use of demolitions, the construction area, the status of tenure, the adequacy of homes, the budget estimates for compensatory costs, the rental of property, the housing source and related documentation, and the removal of the construction programme.
The construction projects such as urban road bridges, squares, public greenfields, small schools, public checkpoints, etc. require access to housing demolition permits, which are to be submitted only to the former paragraph (i), (ii), (iv), (v)).
Article 10 provides for approval by urban planning administrative authorities and information provided under article 9, paragraph 1, subparagraphs (iv), (v) of this approach, to the extent that the protection of buildings requires or the relocation of the original buildings is not removed in accordance with planning requirements.
Article 11. Home demolition authorities shall review the application within 30 days of the date of receipt of the application, in accordance with conditions for the granting of a home demolition permit, and incompatible with conditions, shall make a non-licensor's decision and provide reasons.
In parallel to the issuance of home demolition permits by the municipal, district (community) housing demolition authorities, the demolitions, demolitions, removal deadlines, etc. should be made public in the form of announcements, and the relocation of demolitions is shown on the ground.
Article 13. Demobilizing persons should entrust demolitions with units that have a quality of house demolitions. The authorities for house demolitions in municipalities, districts (markets) are responsible for monitoring implementation.
The dispersed should enter into a contract with the delegated dispersion unit and report the contract to the house demolition authorities within 15 days of the date of the contract. The dispersed units entrusted may not transfer demolition operations.
Article XIV dismantled homes by introducing tendering systems. Regional, district (market) housing demolition authorities are responsible for organizing house demolitions for tendering.
Removals should enter into a home demolition contract with the house demolition units established by the solicitation tender and report the contract to the house demolition authorities within 10 days of the date of the contract.
The demolitions and house demolition units should guarantee the safe demolition of homes.
Article 15. Demobilizing persons shall carry out house demolitions within the period of relocation set out in the home demolition permit and demolition.
There is a need to extend the period of evictions, and the relocation of the demolitions should be submitted to the municipal, district (commune) house demolition authorities by 15 days of the date of receipt of the extension request for demolitions; and the municipal, district (market) house demolition authorities should respond within 10 days of the date of receipt of the extension.
Article 16 shall enter into a settlement indemnity agreement with the dispersed persons on the compensation of the demolitions, in accordance with the provisions of this approach.
Removal indemnity agreements should be concluded with the dispersed and house tenants.
Article 17, when a relocation agreement was concluded with the dispersed, the owner of the house should be transferred to the dispersion, and the removal of the property from the house to the registrar shall apply to the house's registry authorities for the processing of the demolition of the house.
After the conclusion of the Agreement on Removal Compensation, the parties are not in compliance with their contractual obligations or in compliance with their contractual obligations, and the other party may apply to the Arbitration Commission in accordance with the law or prosecute the People's Court.
Article 19 should guarantee that the houses of the dispersed or tenant who have not yet been relocated shall not be damaged by unauthorized damage, dismantled homes or stop water supply, electricity, gas and heating. Self-contained damage, the demolition of destroyed homes or the cessation of water supply, electricity, gas, heating, and rehabilitation by the dispersioner.
The dislocators shall not receive and deduct all costs for other units.
Article 20 has not yet completed the transfer of construction projects for demolition indemnity, which should be transferred to the transferee by the authorities of the city, the district (market) house demolition authorities, with the consent of the former relocation indemnity agreement.
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 21 Compensation funds for the demolition of homes should be stored in full and all for the relocation of homes without diversion.
Removal authorities should monitor the storage and use of relocation funds.
Article 2 concerns military facilities, churches, temples, monumental monuments, monuments and the protection of buildings and the protection of homes in the streets, in accordance with the relevant provisions.
Article XXIII, after all house demolitions planned for demolitions, should apply to the municipal, district and municipal authorities for demolitions and submit the following information:
(i) Removal requests;
(ii) A net transfer procedure for demolitions;
(iii) Write-off of home property;
(iv) Removal compensation.
The administrative authorities, such as construction, planning, land resources and land tenure, have no longer been able to process the procedures.
Article 24 should establish a management system for the demolition of archives and enhance the management of the information on the demolition of files.
In the event of demolitions, the relocation units should collate information on evictions in a timely manner, form demolition files and file with the district, district (market) house demolition authorities at the project site.
Chapter III Removal compensation
Article 25 Demobilization shall be reimbursed by the dispersed persons in accordance with this scheme.
In contravention of the construction and temporary construction beyond the period of ratification, the relevant administrations, such as planning or urban administration, are not compensated by law.
Article 26 The way in which home demolitions are compensated can be applied in monetary terms or in the form of property transfer.
In addition to article 33 of this approach, the dispersed may choose the means of relocation.
Article 27 imposes monetary compensation, which shall contain the following matters:
(i) The area of construction destroyed by the house;
(ii) Currency compensation;
(iii) Modalities, duration;
(iv) Period of relocation;
(v) Liability for default;
(vi) Other matters agreed by the parties.
In addition to the provisions of subparagraphs (i), (ii), (iv), (v), (vi) and (vi) of this article, the indemnity agreement shall also contain the price, area, location, floor, place floor, place of tenure, time of removal, the manner in which the difference is settled, and the period of time.
Article 28 imposes monetary compensation, which shall be determined in the valuation of the real estate market in accordance with the factors such as the place, use, construction area and new ones removed from the house. It was agreed that the parties should be removed.
Article 29 provides for a transfer of property, which shall be settled in the difference of the transfer of property, in accordance with article 28 of this scheme, for the purpose, area of construction, and new factors, as determined in the valuation of the real estate market. It was agreed that the parties should enter into a written agreement.
In accordance with approved construction planning, the transfer of titles can be met and the dispersion may choose to relocate property within the context of evictions.
Article 33 is one of the following conditions for the demolition of houses and is applicable to the transfer of property rights:
(i) The removal of property rights from homes is unclear;
(ii) The removal of property rights from homes is disputed;
(iii) There was no agreement on currency compensation by the owner of the house removed;
(iv) The removal of houses involving property rights or the use of rights disputes by the People's Court has entered into force;
(v) There was no agreement between the dispersed and the home tenant on the removal of the lease relationship;
(vi) The demolition of houses is an affordable rental house for the Government.
Article 31 uses of demolitions, the area of construction, which is indicated in the home ownership certificate, is not indicated in the home ownership certificate, which is based on the property of the home, and the absence of a housing title certificate to build the engineering planning licence.
The use of rented homes, the area of construction, which is indicated in the home lease procedure, is not indicated in the home lease procedure and is recorded in the public housing rental files.
Public housing rental procedures and rental files do not indicate the area of construction to be measured in practice; there is no conditions for measuring the use of the area in line with the required conversion factor. The conversion factor is determined by the municipal housing administration authorities in the same sector.
Article 32 uses house demolitions as operating and in accordance with the following conditions, the amount of monetary compensation is determined at the average value of the valuation of the value of the non-residenthold demolition compensation for the loss of housing, in accordance with the separation of houses:
(i) Removal announcements of business procedures, tax registration certificates, and tax records prior to the publication of a licence to operate under the law;
(ii) The operating procedures, such as the certificate of ownership of the home, the licence of the operation and the place of business indicated in the tax registration certificate.
Article 33 Reduced relocation indemnity is gradually implementing a housing minimum system.
The dispersed or, according to article 33, paragraph 3, of the scheme, the tenants of the house that are paid monetary compensation, their household construction area is lower than the annual average building area of the city, and monetary compensation is paid in accordance with the housing hardship family compensation standards.
Care should be given to persons with disabilities registered in the National People's Republic of China's People's Republic of People with the Minimum Wage Guarantee for Urban Residents or to persons with disabilities registered in the Standard Minimum Living Guarantee of the Urban Resident.
The housing hardship family compensation standards and care standards are developed by the municipal, district (market) house demolition authorities to report on the implementation of the same-ranking people's government approval.
Article 34 of the Convention on the Elimination of All Forms of Discrimination against Women (art.
The dispersed or public-owned housing tenants have not yet fulfilled their physical distribution under the law, and the dispersion should provide affordable housing to the Government in accordance with the prescribed standards. The specific approach was developed by the municipal, district (commune) housing administration authorities to report on the implementation of the same-ranking people's government approval.
Article 33 fractures of renting homes, dispersed persons were removed from the lease relationship with the tenants of the house or were housed by the dispersioners, who compensated the demolitions.
In accordance with article 31 (v) of the scheme, the housing transferee shall be rented by the former tenant, and the dispersion shall re-exploit the housing lease contract with the former tenant.
Removal houses are housed and, in accordance with the provisions of this scheme, the remaining portion of the amount paid to the tenants of the house, with the consent of the dispersed, in consultation with the tenants of the house, may be paid in connection with the new portion of the amount of the compensation to the dispersed and the remaining portion of the amount paid to the tenants of the house, with the participation of the tenants and their cohabitants.
Removals of homes combined with new compensation valuation criteria are determined by the municipal housing administration authorities in conjunction with the relevant sectors.
Article XVI dismantled relocation units shall be sent to the designated ADB within 7 days of the termination of the currency compensation agreement and the relocation of the transferee.
The dispersed, as well as the renter granted monetary compensation in accordance with article 33, paragraph 3, of this scheme, shall be subject to the relevant procedures, such as the relocation indemnity agreement, to the appointment of the bank to receive the relocation indemnity.
Article 337 Dismoval of property rights is not clear, and the demolitions should propose compensating programmes to carry out demolitions after approval by the municipal, district and municipal authorities. The demolitions should be preserved by the public evidence authorities on matters related to the demolition of houses.
Article 338 dismantled houses with mortgage rights, in accordance with the State's law relating to security.
Article 39 should pay for relocation grants to the dispersed or the home tenant.
The dislocators should pay a one-month relocation allowance for the dispersed or the public-owned tenants for the introduction of monetary compensation.
Removals should be granted a monthly relocation grant to the dispersed of property rights or to the public-owned tenants during the transition period. More than 18 months, the relocation grant should be doubled over the previous month.
The relocation subsidy standard and the threshold for the relocation grant are established, published and adjusted in accordance with the circumstances.
Article 40 is due to the suspension and suspension of the home, and the relocation of the dispersed person shall be subject to an average monthly tax benefit from the relocation of the dispersed person or tenant of the house, and the number of workers determined by the Integrated Labour Insurance Fund to the labour insurance sector, as well as the average monthly salary of the previous year's employees in the city, the district (community) workers, which shall be paid a six-month loss benefit to the dispersed or tenants of the application of monetary compensation.
Chapter IV Los valuation
Article 40 states that the demolition of houses and the transfer of property shall be valued and shall be carried out by the relocation evaluation body with the corresponding value of the real estate. The cases of demolition of homes are subject to separate valuation by law and are carried out in accordance with the relevant provisions.
The valuation of the demolition of the same demolition project and the valuation of the property transfer house should be commissioned by the same valuation body.
Article 42 determines that the removal evaluation body shall be open, transparent, and that the removal of the party shall be taken into account, for example, by means of a balloting or drawing of lots, and shall be monitored by the municipal, district and municipal authorities for the demolition of homes.
The removal party shall enter into a contract with the established evictions valuation facility and report the contract to the house demolition authority within 10 days of the date of the contract.
The dismantlement of the valuation system shall not transfer or transfer the authorized valuation operation.
Article 43 thirteenth departments designated by the Municipal Housing Administration or by the People's Government (communes) should publish, on a regular basis, the real estate market prices of different regions, uses, nature, construction structures, in accordance with local real estate market transaction prices.
Article 44 states that the valuation of house demolitions should be given priority to the introduction of market comparability laws that do not take advantage of market comparability, and that other methods of valuation, such as income law, cost law, should be explained in the valuation report.
Article 41 XV of the valuation of house demolitions is based on the date of the relocation of demolitions authorized by the house demolition permit.
The transfer of property rights to housing is due to the construction of houses.
Article 46 Non-resident houses should be evaluated in accordance with the different types of commercial, industrial, office, etc.
Article 47 valuations for the demolition of homes, excluding the relocation grant, the relocation grant and the cost of the loss, as well as the amount of compensation for self-repainting in the house demolitions.
The amount of compensation provided for under the house demolition was determined by consultation between the dispersed and the dispersed; the consultations were inconclusive, which could be entrusted to the valuation body in accordance with the relevant criteria.
Article 48, prior to the conclusion of the relocation indemnity agreement, the valuation body shall be informed by the name and address of the dispersed, the valuation method, the valuation results, etc., within the scope of the evictions and the conduct of an on-site statement to receive the views and receive social oversight. The demonstration was 7 days.
Upon expiration of the demonstration, the valuation body should provide the author with the overall valuation report and the sub-household valuation report on the demolition of houses within the scope of the commission. The author was a dispersed and the author should transmit the report to the dispersed.
The owner or the dispersed may consult the valuation institution in question of the valuation report. The valuation body should explain to it the process arising from the results of the destruction valuation, principles, procedures, methodologies, parameters selection and valuation.
Article 49 dissenting the owner to the valuation results, and from 5 days from the date of receipt of the sub-family valuation report, the original evaluation body submitted a written request for review or a drawing of lots to authorize other valuation agencies to carry out a review of the demolitions.
The original evaluation body shall respond within five days of the date of receipt of a written review request. The other awarding evaluation body shall have a valuation report within 10 days of the date of acceptance of the commission.
Article 50 remains contested by the dislocating party for the review and assessment of the results, and requests for accreditation should be made to the Committee for the Evaluating Technology (hereinafter referred to as the Technical Identification Commission) within 5 days of receipt of the review, the assessment report.
The Technical Accreditation Commission shall have written observations within 10 days of receipt of written requests. The validated valuation report should serve as the basis for the removal compensation and decision.
Article 50 should provide the valuation, identification of the required documents and relevant information to the valuation body or the Technical Identification Commission, and cooperate with the conduct of on-site surveys. Uncoordinated, the Evaluating Body and the Technical Identification Commission could be evaluated and validated on the basis of information available at that time.
Evaluation, identification of error due to the provision of documents by the dispersed parties and the lack of coordination of the relevant information, are the responsibility of the dispersioning party.
Chapter V
Article 52 does not enter into a settlement indemnity agreement with the dispersed or dispersed, the dispersed and the tenants of the house, with the application of the parties, and the decision of the authorities for the demolition of homes in the city, district (market). Decisions shall be made within 30 days of receipt of the request.
In the case of rule 53, the number of persons who have not reached a relocation indemnity agreement is more than 100 or more than 15 per cent of the total number of evictions, and the municipal, district and municipal authorities should be heard before the decision is taken.
Article 54 should provide evidence of evictions, subsidies, in cooperation with decision-making investigations, mediation. The removal of the party does not give evidence, nor does it support unpaid compensation, subsidies.
Article 55 may apply for administrative review or prosecution to the People's Court by law. In accordance with this approach, the dislocators have granted monetary compensation to the dispersed or the tenants of the house or the provision of property transfer, swing houses, and the execution of demolitions during the proceedings.
Article 56 of the Convention on the Elimination of All Forms of Discrimination against Women (No relocation) or of a house tenant within the period of relocation provided for in the decision, is mandated by the Government of the city, the district (commune) to impose evictions in the relevant sectors or by the authorities of the city, district (market) 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.
Chapter VI Legal responsibility
Article 57 violates one of the following acts, which are punishable by the authorities of the city, the district (market) for the demolition of homes:
(i) Without access to home demolition permits, evictions will be stopped, warnings have been given, and the house has been removed from a fine of up to $50 per square kilometre.
(ii) The dispersion commissioning the removal of units that do not have a dispersal nature, ordering to stop the evictions, alerting them that they can pay up to 3 per cent of the relocation indemnity and, in the event of serious circumstances, reversing the home demolition permit.
(iii) The transfer of demolition operations by the authorized relocation units, the conversion of the order, the confiscation of proceeds of the law and the confiscation of the proceeds of the eviction service, with the exception of more than 50 per cent of the contract agreement.
(iv) Authorizes units that do not have the quality of house demolitions to put an end to the demolitions and to impose a fine of up to 3,000 dollars for the relocation and house demolition units, respectively.
(v) The demolition of persons who have not been able to carry out demolitions in accordance with the range of demolitions set out in the home demolition permit, stop demolitions, provide warnings and pay up to 3 per cent of the relocation indemnity; and, in the event of serious circumstances, revoke the home demolition permit.
(vi) Removal agents have extended their relocation deadlines to stop demolitions, warns and break up compensation for 3 per cent; and, in serious circumstances, the release of home demolition permits.
(vii) Removal of houses that have not been relocated, or unauthorized termination of water supply, electricity, heating, responsibility for the rehabilitation of demolitions, and a fine of up to 500,000 dollars for demolitions;
(viii) Authorizes the non-removal of the valuation of the value of the relocation, the results of the valuation were null and void, the payment of more than 3 per cent for the relocation of the dispersed, the confiscation of proceeds of the law by the valuation institution and the imposition of a fine of one third of the proceeds of the violation.
(ix) The valuation body showed a lack of justice, private fraud, misappropriation, invalidity of the valuation results, confiscation of the proceeds of the valuation and a fine of one point from the valuation.
Article 588 deporters violate the provisions of this approach by deceiving access to housing demolition permits, by means of deceivation, by the relocation authorities of municipalities, districts (communes) homes and the removal of home demolition permits and by paying more than 3 per cent of the separation indemnity.
Article 59, in violation of the provisions of this approach, should be punished by the public security sector in accordance with the relevant provisions of the Law on the Safety and Security of the People's Republic of China, which constitutes a crime and shall be criminalized by law.
Article 61. The house demolition authorities, in violation of this approach, provide for the granting of permits for the demolition of nuclear homes and other authorization documents, do not perform oversight functions after the granting of a licence for the demolition of nuclear homes and other authorization documents, or are not subject to the investigation of the offence, giving administrative treatment to the competent and other direct responsibilities directly responsible personnel in accordance with the law; in serious circumstances, resulting in significant loss of public property, State and people's interests, which constitutes a crime and criminal liability.
Chapter VII
Article sixtieth of the Government's land reserve project was dismantled, and laws, regulations, regulations and regulations were implemented in accordance with their provisions.
Article 62, paragraph 2, of the present approach, is still being implemented in accordance with the original relocation method by receiving a home demolition permit and by carrying out demolitions.
Article 63 builds projects with regional or district candidates, which may be organized by the Government of the People of the Region to carry out demolitions, which relate to the legislative authority for the management of municipal demolitions, and the municipal housing demolition authorities may commission the implementation of district housing demolition authorities.
Article 64 of this approach is implemented effective 15 April 2007. The Modalities for the Removal of Urban Housing in Harhama City, issued on 21 June 2004 by the Government of the city, were also repealed.