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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(July 15, 2003, Fushun city people's Government Executive meeting of the 7th review by September 1, 2003, Fushun municipal people's Government, the 102th released since October 15, 2003) Chapter I General provisions article in order to strengthen the urban housing units management, maintain the legal rights of parties involved in the demolition to ensure construction projects proceed smoothly, according to the State Department of the urban housing units regulations and of the Liaoning province urban housing units management, combined with the city's actual, these measures are formulated.
    Article in the city implemented on State-owned land within housing demolition in city planning area, and need to be demolished the compensation and resettlement, these measures shall apply.
    Shall, in accordance with the article demolition given by this method proved to be demolished the compensation and resettlement; dismantled, houses the lessee shall during the term of the relocation of the agreement to complete the relocation.
    Demolished in these measures refers to obtain a demolition permit.
    Dismantled in these measures, refers to the owner of the House to be demolished.
    Lessee in these measures refers to implementation of Government rent standard of public housing tenants.
    Fourth urban housing units must comply with town planning, urban renewal and environmental improvement, protection of heritage and monuments. Fifth real estate administrative departments in Fushun city urban housing demolition administration authorities (hereinafter referred to as Administrative Department for demolition).
    Fushun city demolition Management Office (hereinafter referred to as municipal relocation Office) is responsible for the specific management of urban housing units.
    Demolition administrative competent sector of main duties is: (a) implementation national, and province, and city city housing demolition management of legal, and regulations and regulations; (ii) according to national, and province, and city about housing demolition management of legal, and regulations and regulations, developed normative file; (three) audit housing demolition plans and demolition programme, issued housing demolition license, released housing demolition announcement; (four) review housing demolition units qualification and determine housing demolition assessment institutions of access conditions;
    (Five) supervision management demolition compensation placed funds of using; (six) approval placed was demolition people fetches placed programme, released housing fetches placed announcement; (seven) coordination, and processing housing demolition disputes, accepted housing demolition ruling; (eight) on housing demolition activities for check, and guide, and supervision, law investigation housing demolition violations; (nine) is responsible for housing demolition statistics and archives management.
    Land Administrative Department in accordance with the provisions of relevant laws and administrative regulations, and is responsible for land use and urban housing units management.
    Relevant departments shall, in accordance with statutory responsibilities, co-ordination to ensure housing units management works smoothly. Chapter II administration of relocation the sixth urban housing units through a licensing system.
    Relocation housing units made after the house demolition license, that can be implemented housing units.
    Municipal construction projects require removal or demolition does not need to build housing projects, shall be issued by the relevant administrative department project site submissions, planning permit for construction and land approval documents, apply for a demolition permit.
    Project requires the relocation of land reserves, by the Land Bank agency municipal government documents apply for a demolition permit. Demolished for urban construction projects shall follow after the demolition to make way, the principle of dealing with disputes.
    People must obey the building needs to be demolished, according to the project requirements, ensuring regular relocation. Seventh article application received housing demolition license, should to demolition administrative competent sector submitted following information: (a) construction project approved file; (ii) construction with to planning license; (three) State-owned land right approved file; (four) demolition range figure; (five) planning design positioning notice; (six) demolition plans and demolition programme; (seven) was demolition housing of assessment report; (eight) handle deposits business of financial institutions issued of demolition compensation placed funds proved; (nine) legal, and regulations and regulations rules
    Other information.
    Meet the requirements of, the demolition of competent administrative departments shall, from the date of receipt of the application, issuing demolition permits within 10 working days. Article eighth perform demolition demolition compensation funds should be used for housing compensation, no unit or individual may misappropriate or withdrawal.
    Demolition, Administrative Department in accordance with the housing construction project's image progress monitor to use.
    Compensation funds, shall be deposited into the relocation of people opening accounts in financial institutions.
    Administrative Department for demolition should be with the party and compensation funds certificates of deposits issued by financial institutions compensation funds to use regulation, clearly compensation funds use procedures, the legal responsibility of violation of the agreement.
    Nineth demolition permit had been issued Administrative Department for demolition the demolition permit should be enshrined in the party, scope of relocation, demolition period and transitional period in house demolition notification form to the public.
    By the Administrative Department for demolition under demolition the demolition period size, demolition project nature, demolition of municipal construction project period not exceeding 1 month, other construction projects of not more than 2 months.
    Municipal demolition and demolished and commissioning demolition shall promptly to be demolished, housing advocacy, interpretation of the lessee.
    Tenth demolish demolition of housing demolition permit should determine ranges and dismantlement period, implementation of housing demolition.
    Need to extend the removal period, the demolisher shall, on the expiry of the demolition before the 15th, postponed demolition application to Administrative Department for demolition; demolition and competent administrative departments shall, from the date of receipt of the application for extension within the 5th for the answer.
    11th to be demolished, the lessee within the demolished living, informed by the current tenants are relocated or lessee for the house demolition compensation or rehousing procedures; vacant houses from demolition notice being demolished, the lessee.
    The house demolition under the demolition permit expires, the still could not tell the dismantled, the lessee, the demolisher to survey and record the demolished houses, to a notary evidence preservation, proposed compensation, demolition, for the record, first demolition.
    12th demolition people own demolition, may also entrust have relocation relocation eligible entity.
    Demolition shall not be demolished by the Administrative Department shall not accept relocation Commission.
    Demolisher's own removal of required demolition demolition qualification certificate issued by the administrative departments.
    Demolition of the delegate, delegate removal unit must hold demolition demolition qualification certificate issued by the administrative departments. 13th party delegate removal, should be commissioned to the relocation issue a power of Attorney, and a demolition contract.
    Demolisher shall from the date of demolition contract entered into in the 15th, and administrative departments of the demolition contract demolition records.
    Was commissioned a demolition unit shall not transfer the demolition business.
    14th demolisher and entrusted the demolition unit, House relocation announcement should complete the following tasks: to be demolished or lessee of publicity to explain the policy; verify demolished housing, housing rental and related documents; assist dismantled, renter norm protocol text housing compensation agreement was signed.
    15th article demolition man and dismantled in accordance with the regulations, compensation and the amount of compensation, rehousing space area and placement locations, such as relocation, relocation transition and transition period, entered into a compensation settlement agreement.
    Units implementing Government rent standard of public housing tenants, removal shall be demolished, the lessee of housing relocation compensation agreement entered into. 16th compensation settlement agreement, dismantled or the lessee during the term of the relocation of the agreement refused to move, the demolisher may apply to the Arbitration Commission for arbitration according to law, or a people's Court according to law.
    During the proceedings, party may request the people's Court according to law to be enforced. 17th demolisher and dismantled or demolished, demolition man and the lessee no compensation settlement agreement, the parties application for relocation decisions by the Administrative Department. Demolition is to be demolished by the Administrative Department or the lessee, and ruled by the municipal government.
    Decisions should be made from the date of receipt of the application in the 30th. Party not satisfied with the decision, he may, within 3 months from the date of service of the decision to the Court.
    Demolition in accordance with this approach have been dismantled or lessee to give monetary compensation or resettlement, of the working space provided, do not stop execution of the demolition during the proceedings.
    18th to be demolished or tenant relocation does not move within the time limit specified in the ruling, forced relocation related to entrusted by the municipal government departments, or by removing administrative department in accordance with the people's Court for mandatory minimum.
    Before implementing the forced relocation, demolition and related matters shall be the demolition of houses, the notary evidence preservation.
    Illegal building, and over approved term of temporary building refused to relocation of, should by demolition people application perform relative concentrated administrative punishment right of sector according to related provides be demolition; on not over approved term of temporary building, should by demolition people according to this approach 21st article of provides be compensation, refused to relocation of, demolition people application original sent card organ handle out lost related procedures, by perform relative concentrated administrative punishment right of sector according to related provides be demolition. 19th have not finished building relocation compensation and resettlement project transfer, shall comply with the terms of transfer of land, agreed by the Administrative Department for demolition, rehousing in the original compensation agreement relating to rights and obligations with the transfer to the assignee.
    The assignor and the assignee shall be notified in writing of the project to be demolished, and the 30th as from the date of the signing of the contract of assignment should be publicly announced.
    20th removal administrative departments should establish and improve the housing demolition and file management system, strengthen the management of demolition records.
    Demolition shall collect, keep an eye on demolition records and finished 30th after demolition, demolition, to the surrender of demolition records.
    Chapter III compensation and rehousing 21st party shall, in accordance with this approach, giving compensation to be demolished.
    Demolition of illegal buildings, exceeded the approved duration of temporary buildings without compensation; removal does not exceed the limit for temporary buildings, according to the replacement price of the demolition of houses combined with the remaining service term compensation.
    22nd compensation can be monetary compensation may also implement a property rights Exchange.
    Land reserve projects, urban construction projects demolished residential housing plan for non-residential or demolition, no property rights Exchange, monetary compensation is given by party. 23rd of monetary compensation, monetary compensation according to the location of the House to be demolished, purpose, area, into a new level, factors such as structure, market appraisal of real estate prices.
    Residential housing by the real estate assessment Committee of experts (hereinafter referred to as assessment Board) in accordance with the previous price of housing real estate market deal of the year, combined with factors such as supply and demand and environmental change, different location, different structures in different types of residential housing price per square meter floor space, and by removing administrative departments to the public on a regular basis.
    Real estate appraisal institutions (hereinafter referred to as rating agency) in accordance with the findings of the Evaluation Committee, combined with new residential housing to be demolished, floor, orientation, and environment, usage and other factors, determine the compensation area price of residential houses to be demolished.
    The demolition area of residential housing monetary compensation equal to the compensation unit price multiplied by the area of residential houses to be demolished.
    Assessment Committee consists of 3 or more composition of State registration of real estate appraisers.
    24th demolished should be entrusted with the corresponding evaluation assessment body to evaluate the houses to be demolished.
    Demolished or dismantled disagrees with the results of the assessment, and determined by the assessment Board.
    Assessment Committee assessment used by assessment bodies should be based on the audit, assessment methods and procedures, and to decide. Assessment of costs borne by the demolition.
    Assessment Committee found the original assessment results effectively ruled costs borne by dissent; original results invalid, ruled that costs borne by the rating agencies. 25th units implementing Government rent standard of public housing tenants, people choose monetary compensation to be demolished, the lease termination on both sides, to compensate in the following ways: (a) relocation residential houses, demolished in accordance with the residential housing area of compensation price of 15% to be demolished are relocated compensation and 85% tenant compensation.
    The lessee does not meet minimum compensation standards of the area in accordance with this article 26th, 27th article provides the calculation of compensation amounts.
    (B) the demolition of non-residential housing, demolished in accordance with the area of compensation price of residential housing to be demolished 30% demolishes compensation, 70% gives the lessee compensated.
26th original less than 45 square meters of residential housing, part demolished to give a minimum of less than 45 square metres area of compensation (article 25th except for the provision to be demolished).
    Compensation rate = 45 square meters = lowest area-residential housing floor space of buildings to be demolished =tbl/> 27th demolition, the compensation standard of minimum area of monetary compensation amounts calculated in accordance with the following formula: (a) the lessee: the minimum amount of compensation = area x be demolished for housing to be demolished residential housing area of lowest price x85%+ area of compensation compensation standard x unit price x30% compensation area of residential houses to be demolished.
    (B) the housing ownership: the minimum amount of compensation = area x be demolished for housing to be demolished residential housing area of lowest price + area of compensation compensation standard x unit price x30% compensation area of residential houses to be demolished.
    28th article of property rights Exchange House, calculated according to the relevant provisions of these measures be demolished the amount of compensation and replacement of housing prices, settlement of property rights exchange difference.
    29th units implementing Government rent standard of public housing was demolished and housing tenant termination of lease relations, or demolishes the lessee is placed, demolisher compensate dismantled.
    Article 30th units implementing Government rent standard of public housing, dismantled the responsibility of property rights exchange difference can be a title change; is not liable for property rights exchange differences to be demolished, the lessee may be housing and to participate in housing reform, settlement of property rights exchange post a title transfer, or in accordance with this article approaches the 25th, provision will be given monetary compensation.
    31st article demolition has mortgage right of housing, mortgage people and mortgage right people again set mortgage right or reached debt settlement agreement of, demolition people should according to reached of agreement on was demolition people give currency compensation or implemented property replacement; mortgage people and mortgage right people cannot again set mortgage right or cannot reached debt settlement agreement of, demolition people should on was demolition people implemented currency compensation, and will compensation paragraph to notary organ handle mention save. 32nd House to be demolished in accordance with housing records uses to determine; has objections, according to House records uses to determine the registry card.
    Demolition residential conversion to housing for business or other purposes, in accordance with the assessment of residential housing, compensation or rehousing.
    In front of the house demolition, housing property rights have been transferred, but does not register such changes, or house ownership records area and does not match the actual area of, made by a house property right legal department upon receipt of the application within 5 working days after straitening the relationship and issue a certificate.
    Article 33rd units residential housing, relocation shall bear the following costs: (a) lived in the demolished to be demolished or lessees choose monetary compensation, relocation subsidy of 200 yuan per household; select a property rights Exchange, relocation subsidy of 300 yuan per household.
    Forced evictions without relocation allowance.
    (Ii) implemented property replacement of residential housing, on itself arrangements residence of was demolition people or housing tenant people, by demolition people monthly by was demolition housing area 40 square meters (containing 40 square meters) following of monthly 120 Yuan; 40 square meters above 60 square meters (containing 60 square meters) following of monthly 150 Yuan; 60 square meters above of monthly 180 yuan of standard paid transition during temporary placed subventions.
    Moving day before the 15th of the month by month payment, the pay in the second half of the 16th; fetches on the 15th of the month prior to the date, in accordance with pay in the second half; fetched after the 16th of the month, according to monthly pay.
    To be demolished or renter use a demolisher provided working premises, the demolisher not to pay temporary resettlement during the transition period. Article 34th property rights exchange of residential housing, relocation must fetch placed in a transition period to be demolished or lessee.
    Calculated from the expiry of the transition period from the demolition, the building housing 6 (6) the following shall not exceed 18 months; 7 (7) above, shall not exceed 24 months. Extension of the transition period, to arrange their own dwellings were demolished or lessee, demolished shall be overdue as of the month of increase of 0.5 times per month temporary resettlement.
    Due to be demolished or lessee causes are not fetched, fetches notice date of access, the demolisher no longer pay for temporary resettlement. 35th article of property rights Exchange sites, should be based on urban planning and new construction properties determined. Residential housing, new construction-residential or residential and non-residential, in situ rehousing; non-residential new construction for monetary compensation or relocation.
    Non-residential housing, urban planning and new construction property determines whether you can in-situ rehousing, in situ rehousing.
    The 36th article of non-domestic property rights Exchange, according to the real estate market evaluating price House to be demolished the amount of compensation and replacement of housing real estate market evaluating prices, settlement of property rights exchange difference.
    37th monetary compensation of non-residential housing, relocation shall pay the following compensation: (a) use equipment cannot be recovered, press reset prices into a new compensation and (ii) to assess the transport of goods and equipment disassembly and Assembly costs. Article 38th of non-domestic property rights Exchange, these measures are in addition to the compensation provided for in the 36th, 37th, the demolisher suspend because of the demolition workers should be according to the following criteria for the transition period payments. Removal of commercial property, in accordance with the floor space of buildings to be demolished 20 Yuan per square meter monthly standard compensation.
    Removal of non-commercial buildings, in accordance with the floor space of buildings to be demolished 10 standard monthly compensation per square metre.
    Commercial refers to House is located along the main street and directly operated in non-residential housing, such as shopping malls, stores, shops, and so on; non-commercial means other than other commercial buildings non-residential housing, such as offices, schools, theaters, storage room, workshop, garage, etc.
    Rental payments during the transition to the lessee.
    Chapter fourth penalty 39th article violates these rules, did not obtain a demolition permit unauthorized demolition, by removing administrative authorities shall order to stop demolition and give a warning, and has demolished a building area of less than 20 Yuan and 50 Yuan per square meter penalty.
    40th party in violation of the rules by fraudulent means to obtain a demolition permit, housing demolition permit revoked by the Administrative Department for demolition, relocation compensation money and fined not more than 1% more than 3%.
    41st article demolition people violation this approach provides, has following behavior one of of, by demolition administrative competent sector ordered stop demolition, give warning, can and at demolition compensation placed funds 3% following of fine; plot serious of, revoked housing demolition license: (a) not by housing demolition license determine of demolition range implementation housing demolition of; (ii) delegate not has demolition qualification of units implementation demolition of; (three) unauthorized extended demolition term of.
    42nd article violates these rules, commissioned flats demolition the demolition business, by administrative authorities shall order rectification of demolition, confiscation of illegal income, and contracted relocation services 25% of the 50% of a fine.
    43rd article demolition administrative competent sector violation this approach issued housing demolition license and other approved file of, issued housing demolition license and other approved file Hou not perform supervision management duties of, or on violations not investigation of, on directly is responsible for of competent personnel and other directly responsibility people law give administrative sanctions; plot serious, led public property, and national and people interests suffered major loss, constitute crime of, law held criminal.
    Fifth chapter supplementary articles article 44th in Fushun city plan implemented on State-owned land in another area, housing units, and need to be demolished the compensation and rehousing arrangements, in accordance with the measures implemented. 45th these measures shall come into force on October 15, 2003.
                                      58th of the Municipal Government of the Fushun city urban housing units management implementation of the regulation on rules of the Fushun city, the Municipal Government made the 72nd, transformation of the old cottage areas housing demolition regulations repealed simultaneously.

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