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In Fushun Urban Housing Units Management

Original Language Title: 抚顺市城市房屋拆迁管理办法

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(Adopted at the 7th ordinary meeting of the Government of the commune on 15 July 2003, No. 102 of 1 September 2003 in response to the Order of the People's Government of the city, which was published as from 15 October 2003)

Chapter I General
In order to strengthen the management of urban homes, to preserve the legitimate rights and interests of the dispersed parties, the construction project was successfully carried out, in line with the State Department's Regulations on Urban Housing Demobilization Management and the Modalities for Urban House demolitions in the Province of Extension, which were developed in the context of the current city.
Article 2 protects home demolitions in the State's land in the city planning area and requires compensation and resettlement for the displaced.
Article 3. The dispersed persons shall be compensated and placed in accordance with this scheme for the dispersed; the dispersed, the house tenants shall complete the relocation within the agreed relocation period.
This approach refers to units that have access to housing demolitions.
This approach refers to all persons who have been removed from homes.
The scheme referred to the tenant of the house, which means the execution of the public rental tenants of the rental standard established by the Government.
Article IV. Removal of urban homes must be in line with urban planning, which is conducive to the rehabilitation and ecological improvement of the urban old areas and the protection of monuments.
Article 5 Removal of the municipal housing administration is the administrative authority for the relocation of urban homes (hereinafter referred to as the removal of administrative authorities). Removal management offices (hereinafter referred to as municipal demolitions) are responsible for the specific management of urban home demolitions.
The main responsibility for the removal of administrative authorities is:
(i) Follow-up to the laws, regulations and regulations governing the relocation of national, provincial and municipal homes;
(ii) Develop normative documents based on national, provincial and municipal laws, regulations and regulations relating to the management of house demolitions;
(iii) Approval of housing demolition plans and demolition programmes, licensing of house demolitions and issuing home demolition announcements;
(iv) Review of the eligibility of housing demolition units and establish the conditions for access to housing demolition assessment institutions;
(v) Oversight of the use of the management of the removal compensation fund;
(vi) Approval of the resettlement programme for the relocation of the dispersed and the issuance of a home relocation announcement;
(vii) Harmonize, deal with land demolition disputes and receive decisions on house demolitions;
(viii) Inspection, guidance, supervision and supervision of house demolition activities, and the removal of houses by law;
(ix) Statistical and archival management of house demolitions.
The Land Planning Administration is responsible for land management related to the demolition of urban homes, in accordance with the relevant legislation, administrative regulations.
The departments concerned should cooperate with each other, in accordance with their statutory responsibilities, to ensure the smooth conduct of the management of house demolitions.
Chapter II
Article 6. The units of the demolition of homes have access to the Housing Democtation Removal Removal Licence, which can be implemented.
Municipal construction projects require demolitions or relocations that do not require the construction of homes, which are subject to the approval of the relevant administrative authorities for the construction of the project, the construction of a land planning licence and land-removal documents, and the application of a home demolition permit.
The land reserve project needs to be dismantled, and the land reserves are held in the relevant municipal government documents to apply for the processing of home demolition permits.
Municipal construction projects should follow the principle of the freeing and post-conflict handling of disputes. 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 7. Applications for a home demolition permit shall submit the following information to the administrative authorities for demolition:
(i) The construction project approval document;
(ii) Building a land planning licence;
(iii) National ownership of land use instruments;
(iv) Location map;
(v) Planning of the design of positioning letters;
(vi) Removal plans and relocation programmes;
(vii) Assessment report on house demolitions;
(viii) The financial institutions dealing with the deposit operations have shown the financial support for the relocation of demolitions;
(ix) Other information provided under laws, regulations and regulations.
In order to meet conditions, the removal of administrative authorities should be granted home demolition permits within 10 working days from the date of receipt of the request.
Article 8. Reimbursement funds for house demolitions shall be used in full compensation for house demolitions and no units or individuals shall be diverted or evadeed. The removal of administrative authorities oversees the use of the image of the construction of homes.
Removal compensation for resettlement funds should be deposited into the accounts opened by the dislocators in financial institutions.
The removal of administrative authorities should enter into regulatory agreements with the dislodgers and financial institutions that have proven to be dislocated with the dislocating of funds for resettlement, identify procedures for the use of relocation indemnity funds and violate the legal responsibilities of the agreement.
Article 9 permits for house demolitions have been nuclearized and the relocation of administrative authorities should be made public in the form of home demolition announcements, including house demolitions, demolitions, removal deadlines and transition periods.
The duration of demolitions is determined by the removal of administrative authorities on the basis of the scale of evictions and the nature of the relocation project, with the relocation of municipal construction projects not exceeding one month and other construction projects not exceeding two months.
Urban demolitions and demolitions, as well as the delegated demolition units, should be disseminated and interpreted in a timely manner to the dispersed, house tenants.
Article 10. Demobilizing persons shall carry out house demolitions within the period of relocation and demolitions determined by the home demolition permit.
There is a need to extend the period of relocation, and the relocation of the demolitions should submit requests for extension of the demolition to the administrative authorities by 15 years of the expiry of the relocation period; and the removal of administrative authorities should respond within 5 days of receipt of the extension request.
Article 11 Removals, house tenants have not been housed in the context of demolitions, and are notified by the current household of the eviction or settlement of house demolitions by the dispersed, or by the tenant; and the airbreaking houses are informed by the dispersioners of the demolitions, the tenants.
The duration of demolitions provided for in the Housing Democation Licence permit is still unable to notify the dispersed, the tenants of the house, the demolition of the house, the preservation of the evidence of the demolition of the house, the provision of compensation for settlement opinions, the release of the municipal demolition clearance and the removal of the eviction warrant.
Article 12 Demobilization may be removed by themselves or by units eligible for removal.
The removal of administrative authorities shall not be carried out as a dispersion and shall not be delegated to demolitions.
The spoilers must hold a certificate of eligibility for the removal of nuclear dispersion by the administrative authorities.
The removal was commissioned and the removal units must be granted a certificate of eligibility for the removal of nuclear dispersion from administrative authorities.
Article 13. Demobilization of evictions should be delegated to the dispersed units and the contract for the removal of evictions should be concluded. The dislocators should, within 15 days of the date on which the contract was commissioned for the removal of the contract to the administrative authorities.
The demolition units were commissioned to not transfer demolition operations.
Article 14. Dismovals and dispersed units shall be made available after the release of the home demolition announcements announcements to promote the interpretation of policies to the dispersioned or the home tenants; to verify the relevant documents, such as the demolition of home ownership cards, housing rental relations; and to assist the dispersionees, the tenants of the house in the form of the normative agreement for the settlement of house demolitions.
Article 15. Removal indemnity agreements shall be concluded with respect to compensation and compensation, accommodation and location, relocation period, relocation modalities and transitional periods, as provided for in this approach.
The demolition of public housing tenants whose rental standards are set by the Government shall enter into a settlement agreement with the dispersed and house tenants.
Article 16, after the conclusion of the settlement agreement, the relocation of the dispersed person or the tenant of the house was refused to relocate within the time of the relocation agreed upon by the agreement, and the dispersal could apply to the Arbitration Commission in accordance with the law or to prosecute the People's Court. During the course of the proceedings, the dispersion may apply under the law to the People's Court for implementation.
Article 17, the demolition of persons and the dispersion of persons or relocations, the dispersed and the tenants of the house were not removed from the settlement indemnity agreement, and the removal of administrative authorities had been ruled by the parties. The removal of administrative authorities is a dispersed person or a house tenant, which is decided by the municipal government. Decisions shall be made within 30 days of receipt of the request.
The parties may sue the People's Court within three months from the date of the award. In accordance with this approach, the dispersion has been granted monetary compensation to the dispersed or the tenants of the house 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 within the period of relocation provided for in the decision, by a municipal government tasked with forced evictions in the relevant sector, or by the removal of administrative authorities to apply for forced evictions by the People's Court.
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.
In contravention of chapter buildings, temporary buildings that exceed the period of ratification shall be denied relocation, and the removal shall be carried out by the dislocated authorities for the discharge of the relevant provisions in accordance with the relevant provisions; temporary buildings that do not exceed the time period of ratification shall be removed by the dislocutor, in accordance with article 21 of this approach, and the removal of the removal of the author's application for the removal of the relevant procedures by the author's authorities, which are subject to the relevant provisions.
Article 19 has not yet been completed in connection with the construction of the relocation indemnity settlement project, which should be consistent with the conditions of land transfer, with the consent of the removal of administrative authorities, the rights and obligations of the former relocation agreement are transferred to the transferee. 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 20 should establish, maintain a system of management for the demolition of archives and enhance the management of information on demolitions.
Removals should promptly collate, maintain information on the demolitions and hand over demolition files to municipal demolitions within 30 days of the completion of the evictions.
Chapter III Removal compensation and resettlement
Article 21, the demolition of persons shall be compensated for the removal of persons by way of this approach.
The removal of unconstitutional buildings and temporary buildings exceeding the period of ratification shall not be compensated; the removal of temporary buildings that do not exceed the duration of the approval period shall be compensated for the remaining period of use in accordance with the resale price of the destroyed house.
The second article, in the form of compensation for demolitions, may be subject to monetary compensation or the transfer of housing property.
The land reserve project, the municipal construction project, the demolition of houses, or the relocation of home homes, are not relocated and the removal of property is compensated by the dispersal.
Article 23 imposes monetary compensation, which is determined by real estate market assessment prices based on factors such as geographical location, use, construction area, newity and form of construction. The housing house is determined by the Committee of Experts on Real estate Assessment (hereinafter referred to as the assessment committee) in accordance with the price of transactions in the housing estate market in the previous year, in the light of factors such as supply and supply relations and environmental changes, to determine the prices of the different types of housing in each square metehouse building area and to be regularly published by the administrative authorities.
The real estate assessment body (hereinafter referred to as the assessment body) determines the cost of compensation for house demolitions, in accordance with the assessment of the assessment by the Assessment Committee, in the light of the new, building blocks, moving towards, environment, use rate.
Reimbursement in the amount of the house's rented amount equal to the cost of compensating the area of buildings that were removed from homes.
The assessment committee consists of the real estate valuationr registered in more than three countries.
Article 24 should entrust an assessment of the demolition of houses by an assessment body with the corresponding assessment of qualifications.
The results of the assessment were contested either by the dislocators or by the dispersed.
The assessment committee shall make decisions on the basis of assessment, assessment methods and calculations used by the assessment body.
The cost of the assessment is borne by the dispersion. The assessment committee ruled that the results of the assessment had been valid and determined that the costs were borne by the objecting party; the results of the original assessment were invalid and the costs were borne by the assessment body.
Article 25 Separate house tenants whose rental standards are established by the Government, who are chosen by the dislocators for monetary compensation and the termination of the lease relations between the parties and compensation according to the following:
(i) The demolition of homes and the removal of the house was compensated by 15 per cent of the total cost of compensation for the house demolition and 85 per cent of the tenants. The housing tenants do not meet the minimum cost of compensation, in accordance with article 26 of this scheme, article 27, paragraph 1.
(ii) Dismoval of non-residential homes, and the demolitions were compensated by the dispersed for 30 per cent of the total cost of compensation for house demolitions and 70 per cent of the renters.
Article 26 Households do not have a housing area of less than 45 square meters, with less than 45 square meters being compensated for the minimum area (other than the dispersioned under article 25, paragraph 1).

Article 27 dismantled homes and its monetary compensation for the minimum area is calculated according to the following formula:
(i) The tenants: minimum compensation = reimbursable area for the land area of the demolition of houses x 85 per cent for the demolition of houses and the minimum area of compensation x 30 per cent for the relocation of homes.
(ii) Homeowners: minimum compensation = reimbursable area for the land area of the demolition of houses x the house's house's house demolitions + minimum area of compensation criteria x 30 per cent of the area of compensation for the demolition of homes.
Article 28 provides for the introduction of a property transfer home to clear the value of the transfer of property, in accordance with the relevant provisions of the scheme, for the purpose of calculating the amount of compensation for demolitions and the price of the relocated house.
Article 29 removes the public housing of the Government's standard of rent, which is removed by the dispersioner from the rental relationship with the tenants of the house, or by the dispersion of the house's tenants, which compensates the dispersed.
Article 33 Separate houses for the implementation of the Government's provision for rental standards may be converted to property rights by the dislocated owner; the owner does not assume the value of the property transfer price; and the tenants may relocate the original property to the housing facility, remove the value of the transfer of the property transfer price or receive monetary compensation in accordance with article 25, paragraph 1, of this approach.
Article 31 of the eviction of homes with mortgage rights, the collateral and mortgage-holders re-establish the mortgage or enter into a debt liquidation agreement, which should be compensated by the dispersionees in accordance with the agreement, or the introduction of property transfers; the mortgages and mortgage holders cannot re-establish the mortgage or be able to reach a debt liquidation agreement, the removal of the person shall be subject to monetary compensation for the dispersed and shall be transferred to the public accreditation authority.
Article 32 uses of house demolitions are determined in accordance with the use of the property documents of the house; there are dissatisfactions to determine the use of the property registration card. Removals of homes that are converted into business or other-purpose homes are carried out in accordance with residential housing assessments, compensation or resettlement.
The housing property rights had been transferred before the demolition of homes, but no change had been registered or the area of the property certificate of property was not incompatible with the actual area, and the property rights of the home property sector had taken place within five working days after the receipt of the party's application.
Article 33 dismantled homes and the relocation of the demolition should bear the following costs:
(i) Removals or tenants who reside in the area of demolition are selected for monetary compensation, relocation grants are $200 per household, and the choice of property transfer and relocation grants are $30 per household.
Non-removal benefits for forced evictions.
(ii) Execution of property-removal homes, relocation of dispersed or house tenants to self-scheduled accommodations, with a monthly rate of 120 square meters (40 square meters) below 40 square meters (including 40 square meters) per month, and a monthly allowance of over 60 square meters (60 square meters) above 40 square met; and a standard payment for temporary accommodation for more than 180 square meters per month.
The relocation was paid by 15 January to a full month, after 16 days; the relocation was paid by 15 January in a half-month period; the relocation was paid in full month after 16 June.
The dispersed persons or tenants use the demolitions to provide the swing house without paying for temporary accommodation benefits during the transition period.
Article 34 provides for the introduction of property rights-removal homes, which must be relocated to the displaced or the home tenants within the transitional period. The transition period has been calculated at the end of the relocation period, with the 6th floor of the building house (including 6 levels) not exceeding 18 months; the 7th floor (with 7 floors) should not exceed 24 months.
The extension of the transition period, the relocation of the dispersed or house tenants to the self-scheduled accommodation should increase by 0.5 times the temporary settlement grant per household per month from the end of the month. As a result of the non-removable relocation of the dispersed or tenants, the demolitions were no longer paying the temporary accommodation allowance due to the date on which they had been returned.
Article 35 Places for the introduction of a property transfer should be determined in accordance with the nature of urban planning and construction. Housing, new construction works are housed or housed in non-residents, which are previously installed; new construction works are non-residents, monetary compensation or easy resettlement. Non-residents, urban planning and the nature of new construction work are determined to be accommodated in situ and should be accommodated.
Article XVI introduces non-residents for the transfer of property rights, calculates the amount of compensation for demolitions at the real estate market price and the cost of real estate market assessment for the relocated houses and clear the value of the transfer of property.
Article 337, non-residents with monetary compensation, shall pay the following compensation:
(i) The non-renewable equipment, combined with the replacement price;
(ii) The cost of transportation and equipment assessed.
In addition to the compensation provided under article 36 and article 37 of the present approach, non-residential housing units that are subject to a transfer of property shall be paid to the employer for the period of transition due to the removal of the property. Removal of commercial premises is reimbursed in accordance with the criteria of 20 square meters per month of the area of house demolitions. The demolition of non-commercial houses is compensated according to the standard of 10 per square met per square met.
Business houses refer to the location of houses at the main streets and directly for non-residents, such as commercial sites, stores, municipalities, doors, etc.; non-commercial housing means other non-commercial houses, such as offices, schools, theatres, warehousings, warehousing houses, production plants, car banks.
During the transition period for housing rental payments were paid to the tenants.
Chapter IV Corporal punishment
Article 39, in violation of this approach, provides that no house demolition may be allowed for spoiler demolitions, shall be stopped by the removal of administrative authorities, warnings and fines that have been removed from the area of house construction up to $50 per square kilometre.
Article 40. Demobilization of evictions violates the provisions of this approach by deceiving access to housing demolition permits by means of deceiving, by releasing house demolitions by administrative authorities and compensating for more than 3 per cent of resettlement funds.
Article 40 states that, in violation of this approach, one of the following acts is committed by the removal of administrative authorities to order the cessation of evictions and to provide warnings that the removal can be compensated for the amount of 3 per cent of the settlement funds; in the event of serious circumstances, the release of the home demolition permit:
(i) Execution of house demolitions, not determined by a house demolition permit;
(ii) To entrust removal of units that do not qualify for evictions;
(iii) Oriental extension of the duration of evictions.
Article 42, in violation of this approach, provides for the transfer of demolition operations by the authorized removal units, which is being converted by a warrant for the removal of administrative authorities, forfeiture of proceeds of violations and fines of up to 50 per cent of the contract agreed relocation service.
Article 43 thirteenth break-out of the administrative authorities in violation of this approach's licence for the demolition of houses and other approval documents, the licence for the demolition of nuclear houses and other authorization documents do not perform oversight functions after the approval of documents, or the non-execution of the offence, and the administrative disposition of the competent and other direct responsible persons directly responsible for the violation of the law; in serious circumstances, the loss of public property, the interests of the State and the people, which constitutes a crime and criminal liability.
Chapter V
Article 44 implements house demolitions in foreign countries that are responsive to urban planning areas and requires compensation for the resettlement of the dispersed and implementation of this approach.
Article 42 Regulation No. 58 of the Ordinance on the Regulation of the Removal of Urban Houses, Ordinance No. 72 of the Order of the Municipal Government, which regulates the relocation of homes in the city's Old Household Zone.