Key Benefits:
(Prelease No. 153 of the Order of the People's Government of Angué, dated 9 May 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 that construction projects are successfully carried out, and to develop this approach in the light of the State Department's Urban Housing Demobilization Regulation (hereinafter referred to as the Regulations). Article 2, State-owned land demolitions in the area of urban planning in this province, require compensation and resettlement for demolitions, and should be respected. Article 3 The municipalities, the communes' governments are responsible for the management of the urban home demolitions (hereinafter referred to as house demolition management) and for the supervision of the relocation of urban homes in this administrative area. In line with their respective responsibilities, the relevant departments and towns of the local people's governments and the street offices should work together to ensure the smooth management of urban home demolitions. Article IV. Demobilization should be compensated and resettled for the dispersed, as stipulated in this approach, and the removal should be subject to urban construction needs and completed within the specified relocation period. Chapter II Article 5 allows demolitions to be carried out after the units dislocating the house are granted permission for house demolitions. The following information should be submitted to the Housing Location Administration in the city of the House, the People's Government of the District: (i) The construction project approval document; (ii) Building a land planning licence; (iii) National ownership of land use instruments; (iv) Removal plans and demolition programmes; (v) Financial institutions dealing with deposit operations have proven to be dislocated. Removal plans under subparagraph (iv) of the previous paragraph, including the scope, modalities, duration, etc.; relocation programmes include the status of the demolition of houses, the various cost estimates for compensation and subsidies, the property transfer standards, the design map and location of the new house, the temporary transition and concrete measures. Under subparagraph (v) the amount of the relocation indemnity fund is not less than the total area of house demolitions that exceeds one year of the same type of land and the benchmark of the same type of housing, which can be taken into account by the relocation of the house. Article 6. Housing demolition management should be reviewed within 30 days of the date of receipt of a request for house demolitions, granting a housing demolition permit; reclaiming applications for non-conditional conditions and justifying. The range of demolitions authorized by the home demolition permit shall not exceed the authorized scope for the construction of a land planning licence. Article 7. Housing demolition management should be made public in the form of a home demolition announcement, in conjunction with the granting of home demolition permits. Housing demolition management and demolitions should be disseminated and explained to the dispersed. Article 8. The demolition shall be carried out by the demolition of homes within the time period determined by the house demolition permit and the period of relocation. There is a need to expand or narrow the scope of evictions and extend the duration of demolitions, which should apply to house demolition management. Housing demolition management should be reviewed within 10 days of the date of receipt of the request, in a manner consistent with conditions, changes in the home demolition permit and disclosure of the relevant elements of a change in the home demolition permit; and reclaim the application for non-conditionalities and reasons. Article 9. Demobilization may be removed by themselves or by units eligible for removal. The house demolition management shall not be allowed as a dispersion and shall not be delegated to demolition. The implementation of house demolitions should be consistent with the provisions of the laws, regulations and regulations, such as urban tolerance, environmental protection, construction safety, and environmental cleaning. Article 10 Housing demolition management publishes home demolition announcements and determines that units and individuals within the range of evictions shall not carry out the following activities: (i) Construction, expansion and alteration of homes; (ii) Changes in homes and land use; (iii) Rental of homes. In parallel with the publication of a home demolition announcement, the housing demolition management shall notify the concerned authorities of the suspension of the procedures in writing on the matters listed in the previous paragraph. The suspension of written notice shall contain the period of suspension. The duration of the suspension shall not exceed one year; the removal of the person shall require the extension of the period of time, with the approval of the house demolition management and the extension of the period not exceeding one year. During the period of suspension set out in the written notice of the house demolition management, the relevant procedures for dealing with matters listed in paragraph 1 of this article are null and void and may not be used as a basis for the relocation indemnity. Article 11. Removals and dispersed persons shall enter into settlement agreements in accordance with this approach, within the period of relocation provided for in the house demolition permit. The relocation indemnity settlement agreement should include the following: (i) Removal compensation, monetary compensation and payment period; (ii) Placement of premises, standards and locations; (iii) Modalities and duration of payment for rental housing; (iv) Terms of relocation, relocation and transition periods; (v) Removal grants and temporary accommodation grants; (vi) A breach of responsibility and dispute resolution; (vii) Other provisions agreed by the parties. The model text of the Removal Restitution Agreement was developed by the Provincial People's Government to build administrative authorities for the use of the parties. Article 12. The demolition of rented homes should be negotiated with the dispersed and the tenants. The demolitions of homes run by the demolition of houses should be negotiated with the escrowers; the occupancy of the escalating houses should be concluded with the escalators and the home users. The relocation indemnity settlement agreement under this paragraph shall be subject to public evidence and to the preservation of evidence. Article 13 is one of the following cases in which the demolitions are removed and the demolitions are carried out after the approval of the house demolition management: (i) A property dispute; (ii) The whereabouts of the owner are unknown; (iii) There is no agreement on the way in which the house is compensated. The demolitions should be preserved by the public evidence authorities on matters related to the demolition of houses before the house was removed. Article 14. After the conclusion of the settlement agreement, the dispersion or tenant of the house may, by law, apply to the Arbitration Commission for arbitration and may also be prosecuted by law to 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 15. The removal of the party from the demolition indemnity settlement agreement shall be ruled by the house demolition management, upon request by the parties. The house demolition management is a dispersed person and is decided by the Government of the current people. The ruling organ shall make a written decision within 30 days of the date of receipt of the application for decision; prior to the decision, the ruling shall fully hear the views of the parties to be removed. The dislocating parties may apply to administrative review under the law or administrative proceedings before the People's Court. In addition to the circumstances in which the law requires cessation of implementation, the dispersion has provided for monetary compensation for the dispersed or the provision of demolitions, swing houses, and no cessation of evictions during the review and proceedings. Article 16 is not relocated by a dispersed person or by a house tenant within the period of relocation provided for in the decision, and by the city of the house, the people's Government of the district, the authorities of the landlord are tasked with forced evictions in the relevant sector or by the housing dispersion administration to apply to the people's courts in accordance with the law. 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 houses. Article 17 (i) Removal requests for forced evictions to house demolition management; (ii) Housing demolition management should conduct on-site surveys within 10 days of receipt of the application for forced evictions, provide for forced evictions and accompany the relevant materials, such as the home demolition permit, the award, etc., to inform the Government of the people at this level; (iii) Governments of municipalities, districts and territories should be reviewed within 10 days from the date of receipt of forced evictions, make mandatory evictions decisions and entrust the relocation of units such as house demolition management, urban planning, public safety, etc. and the Town People's Government, street offices; (iv) Housing demolition management shall notify the dispersion party by 7 months of the enforcement of forced evictions; (v) In enforcing forced evictions, the management of house demolitions should produce a record showing the forced evictions process and the relocation of property, signed by the executive and the implementingr; and the author's refusal to sign, which should be noted in the note. Article 18 Demobilizing persons shall not carry out a cessation of water supply, electricity, gas, etc.-impact production, life, against unremovable dispersed persons or tenants of homes, within the time of relocation agreement or decision-making. The dispersed may not damage and dismantle the co-location facilities of the house. Article 19 Removal of urban homes involves public facilities or relocations of various line lines, all of whom should be relocated themselves within the period of relocation provided for in the house demolition permit, and the relocation costs required are compensated by the dispersal. Article 20 has not yet completed the transfer of construction projects for the settlement of evictions, and the transferee shall provide a financial support for the removal of the settlement as set out in article 5, paragraph 1 (e), of the scheme, which, with the consent of the home demolition management, is governed by the procedures for the relocation of the home. The management of house demolitions should make the relevant elements of a changeed home demolition permit. The construction projects that have not yet been completed for the settlement of evictions have been transferred by law and the rights and obligations of the former relocation settlement agreement have been transferred to the transferee. The transferee and the transferee shall notify the dispersed in writing and be made public within 30 days of the date of the contract. Article 21 Demobilization shall open the relocation fund accounts for the relocation of financial institutions designated by the house demolition management to compensate for the relocation of relocation funds in accordance with the provisions for the separation of evictions. Unless the management of house demolitions has been reviewed, the dispersion may not be used to compensate for relocation. Removal compensation funds should be fully used for housing demolition compensation, resettlement and no diversion. The management of house demolitions should enhance the oversight of the use of relocation compensation. Article 22 Housing demolition management should collect information on the demolition of homes and establish housing demolition files: (i) Removal of homes and construction-related approval documents; (ii) Removal plans and dismantling programmes and their adaptation information; (iii) A copy of the contract for dismantling; (iv) Administrative law enforcement instruments in the course of evictions; (v) Other archives related to evictions. Chapter III Removal compensation and resettlement Article 23 allows for monetary compensation and for the transfer of housing property. Unless otherwise provided by law, legislation and regulations, the dispersed has the right to choose the means of relocation. Article 24 unconstitutional buildings within the scope of evictions and temporary buildings exceeding the duration of the authorization period, all of which should be removed by themselves within the period of relocation provided for in the house demolition permit. 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 duly compensated in the light of the construction costs of the dismantled construction. Article 25 determines the purpose of the demolition of houses and the area of construction in order to justify the use and construction of effective housing property rights, such as the property rights of the demolitions. Upon application of the People's Republic of China Urban Planning Act of 1 April 1990, the use of houses has been changed and continues to be used for changing purposes, with the registration of changes in the management responsible for the registration of property rights in the home. Article 26 Currency compensation for demolitions is determined in accordance with the real estate market assessment price. The real estate market assessment price is determined by a statutoryly qualified real estate assessment body based on the currency compensation benchmark published by the Government of the communes in the area, use, construction area, construction structure, and new assessment, which is developed by the Provincial People's Government to build administrative authorities. The real estate assessment body was determined by the consultation of the dislocating party; the consultations were not exhaustive and were determined by a random sample of the home demolition management. The cost of the assessment is borne by the dispersion. The benchmark for monetary compensation is determined by the commune housing demolition management in the area by the same administrative authorities, such as prices, land, etc., and by 31 January each year. Article 27 provides an indicative system of the price of real estate market assessment for demolitions. The real estate assessment body should be made available in the form of the names of the disloans, the doors for the demolition of homes, the assessment factors, the assessment of the basis, and the assessment of prices. The publication shall not be less than 10 days. Article 28 dissenting parties to the assessment results could be validated from 10 days from the date of receipt of the assessment results to the home location, to the local housing demolition management of the county's Government, and to the establishment of the Real Property Evaluating Board within 10 days of the date of receipt of the request for recognition. The Property Valuation Identification Commission consists of valuation agents approved by the registered real estate valuationr, the provincial people's government, and relevant legal experts. The experts provided for in the previous paragraph were determined by random drawing of lots from the roster of experts established by the Housing Demobilization Administration from the provincial people's executive authorities. The removal party has applied for the identification of the findings as the basis for the decision of the ruling organ; the absence of an application for the identification of the results as the basis for the decision of the ruling organ; and the identification of the costs incurred by the applicant. Article 29 provides for the relocation of home property rights and the relocation of the dispersed persons shall provide accommodations that are not less than the area of the original buildings of the demolition of the house and shall be calculated by the dispersed and the dispersed, in accordance with article 26 of this approach, to the amount of compensation for the demolition of the house and the price of the accommodation. The accommodation provided by the dispersed should be in line with national quality safety standards, which are part of the new housing facility, should be in line with the design of normative requirements and have experienced eligibility. Article 31 is a special hardship for the lives of the dispersed, whose per capita building area of the house is lower than in the city, in the city of the district, where the transfer of property is carried out, and in the event of a transfer of property, the dispersion should provide housing that is not less than the area of the city of the location and the per capita urban buildings in the district. The housing price is higher than the cost of the demolition of houses, and the relocation of homes and housing units does not address the difference in the exchange of property rights. The special hardships for the lives set out in the previous paragraph refer to the urban dwellers who enjoy the minimum standard of living, in accordance with national and provincial provisions. Article 31, Demobilization of public service premises should be rebuilt in accordance with the relevant laws, regulations and requirements for urban planning or monetary compensation. Article 32 of the Convention on the Elimination of All Forms of Discrimination against Women and the right to purchase houses by the tenants in accordance with the housing reform policy, and after the house's tenants' purchases, the demolitions should be compensated and placed in accordance with the demolitions. The housing tenants do not enjoy the right to purchase houses in accordance with the housing reform policy or enter into agreements for the removal of the lease relationship with the dispersed, and the dispersion of 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. Article 33, house demolitions and house demolitions administered by the management, with the use of the house, should be relocated with the property rights of the house; the occupants chose to compensate for the settlement. The escrow chooses to relocate home property rights, which are still run by the escators; the choice of monetary compensation, and the amount of monetary compensation is deposited with the Bank by the escrow. Article 34 of the Convention on the Elimination of All Forms of Discrimination against Women The demolitions should be accommodated by the demolition or house tenants within the prescribed transitional period. Removal of homes may be resolved by the dispersed or the tenant, or by the dispersion. A dispersed person or tenants have the right to choose a transition, and the dispersion may not be forced or denied. The dispersion provides the swing house and the dispersed or house tenants shall free the swing house within four months following the house. Article XV of the demolition should pay for relocation grants for the dispersion of homes or the tenants of the house. The specific criteria for the relocation grant are determined by the relocation management of the housing units of the commune government in the establishment area with the price administration authorities, with the approval of the Government of the present people and published by 31 January each year. In the event of the introduction of a housing property transfer, the dispersion or the relocation of the house tenants from the swing house provided by the dispersionor should pay the relocation grant once again. In the period of transition, the demolition of homes or the home's tenants themselves resolved the swing house, which should pay temporary accommodation benefits from the month of their relocation to the four months after the resettlement; the removal of the person beyond the transitional period did not provide the accommodation, and the payment of temporary support payments in accordance with the original criteria should be twice as long as the month of late. Removals provide swing houses without paying for temporary accommodation benefits. In addition to the continuing provision of swing accommodations, the relocation of persons over the transition period should pay the temporary accommodation allowance in accordance with the prescribed criteria for the month of late. The temporary accommodation allowance is determined at the average price of the local rental and demolition of houses, in accordance with the cost of the local rental and demolition of houses, with specific criteria being determined by the relocation management of the housing units of the municipalities in the area, with the price administrative authorities, and approved by the Government of the current people and published by 31 January each year. Article 37 Dismoval of non-residential homes and the removal of persons should compensate for the relocation of the dispersed or tenants for the following: (i) Removal and installation costs for equipment based on national and provincial freight prices, equipment installation prices; (ii) The costs associated with the new settlement of equipment that cannot be recovered; (iii) Adequate compensation for the suspension and suspension of the business resulting from the relocation. The specific criteria for compensating costs are set out in the previous paragraph by the relocation management of the commune housing units in the communes, together with the price administrative authorities, and by 31 January each year. Following the compensation of the disloans and the relocation of the dispersed, the demolitions should be transferred to the demolition of the property rights certificate, which was transferred by the dispersed to the management responsible for the registration of property rights. Removal homes and property-removable homes purchased under monetary compensation are exempted from the payment of the relevant tax fees when the property rights are processed, as part of the area of demolitions. Chapter IV Legal responsibility Article 39 consists of one of the following acts: (i) The absence of a permit for house demolitions and the unauthorized execution of evictions; (ii) Access to housing demolition permits by means of deception; (iii) Excluding the range of evictions that are not determined by a house demolition permit; (iv) To entrust removal of units that do not qualify for evictions; (v) Exemptive extension of the duration of evictions; (vi) Transfer of demolition operations by authorized units. The acts listed in the previous paragraph, which caused loss of property by the dispersed or the renter, should be liable under the law. Article 40 Real estate assessment bodies have not assessed the demolitions according to this approach, the assessment results are null and void, reassessments by house demolition management orders and fines of up to 30,000 dollars; in the case of serious circumstances, they request departments that award a certificate of qualifications to reduce their qualifications or eliminate their qualifications. The property assessment body, which has a prior section, should be liable under the law for the loss of property by the removal party. Article 40 (i) In violation of the granting of a licence for the demolition of nuclear homes and other authorization documents; (ii) The granting of a nuclear house demolition permit and other authorization documents do not carry out oversight functions or are not investigated for violations; (iii) No announcement of house demolitions, as prescribed by this approach; (iv) As a dispersionor or a person entrusted with the commission of demolitions; (v) Removal decisions in violation; (vi) Execution of forced evictions in violation of the law. The acts listed in the previous paragraph should be liable under the law for the loss of property by the removal party. Chapter V Article 42 implements home demolitions in foreign countries in urban planning areas and requires compensation and resettlement for the dispersed and implementation of this approach. Article 43 The Government of the People of the province issued on 29 July 1992, the first revised publication of the Government of the People of the province of 25 December 1997 and the implementation of the Rules for the Removation of Urban Housing in the Province of Angué, issued on 15 February 2001 by the Government of the People of the province. |
