Chapter I Editing of General Provisions
Article 1 These Rules are formulated in accordance with the provisions of Article 42 of the Regulations on the Administration of Urban House Demolition in the State Council (hereinafter referred to as the Regulations) and in light of the actual situation of this province.
Second where in the province's urban planning area of state-owned land, because of the construction needs of the demolition of houses and their attachments, must abide by the "Regulations" and these rules.
Third provincial urban and rural construction and environmental protection department in charge of the province's urban housing demolition work.
State, city and county real estate administrative departments (hereinafter referred to as the housing demolition departments) are in charge of urban housing demolition work within their respective administrative areas.
Fourth administrative offices and municipal and county people's governments should strengthen the leadership of urban housing demolition work. Urban planning, planning, public security, land, industrial and commercial administration and other departments and sub-district offices shall, in accordance with their respective responsibilities, cooperate with the competent department of housing demolition to do a good job in housing demolition management.
Chapter II Editing of General Principles of House Demolition
Fifth units or individuals need to demolish houses; Must hold the following documents to the city and county housing units departments to apply:
(a) the approval documents of the construction project;
(two) the construction land planning permit issued by the city and county urban planning departments;
(three) the demolition plan and demolition plan.
Sixth housing demolition involves the change of land use rights, the demolition should apply to the land management department in accordance with the regulations, and go through the registration procedures for the change of land use rights.
Seventh housing units in charge of receiving the application for demolition, must make a decision on examination and approval within fifteen days. If demolition is granted, a permit for house demolition shall be issued.
The text of the house demolition permit is uniformly printed by the Provincial Department of Urban and Rural Construction and Environmental Protection.
Eighth housing demolition permit issued, the competent department of housing demolition should do the following work in a timely manner:
(a) the demolition, demolition scope, relocation period and other forms of housing demolition notice;
(two) notify the relevant departments to suspend the registration and mortgage of the change of housing ownership within the scope of demolition;
(three) notify the public security department to suspend the handling of the relocated households and the relocated households within the scope of demolition;
(four) notify the administrative department for Industry and commerce to suspend the issuance of business licenses within the scope of demolition;
(five) to be taken in a timely manner to do a good job of publicity and explanation.
Except in the circumstances stipulated in Article 9 of these Rules, all the procedures handled by the relevant departments after receiving the notice from the competent department of house demolition shall not be used as the basis for compensation and resettlement for demolition.
Article 9 After the scope of demolition is announced, if it is really necessary to move into the scope of demolition or separate households because of birth, graduation, marriage, demobilized soldiers, release from prison or expiration of reeducation through labor, it must be approved by the people's government at or above the county level where the house is demolished. The public security department shall promptly notify the residents and the competent department of house demolition of the household situation.
Article 10 After the announcement of house demolition, the demolisher and the demolished person shall sign a written compensation and resettlement agreement in accordance with the compensation and resettlement standards stipulated by the municipal and county people's governments. The agreement shall include the following contents:
(a) the form and amount of compensation for demolition;
(2) the area and location of resettlement houses;
(three) the transition mode and transition period of relocation;
(4) Liability for breach of contract;
(5) Other terms deemed necessary by both parties.
Eleventh city and county people's governments may, according to the local actual situation, formulate specific standards for housing demolition compensation and resettlement, as well as standards for temporary resettlement subsidies and moving subsidies.
Twelfth in the ten days before the expiration of the announced demolition period, the demolition and relocation of people have not yet reached an agreement on compensation and resettlement, the parties may apply to the competent department of housing demolition for a ruling. The competent department of house demolition shall make a ruling within the announced demolition period.
Thirteenth housing units in charge of the ruling, the ruling must be made. The contents of the award shall include:
(1) The name and address of the party concerned;
(2) The facts submitted for adjudication;
(three) the ruling results and legal basis;
(4) The rights of the parties who are dissatisfied with the award.
The style of the certificate shall be uniformly stipulated by the Provincial Construction Department.
Fourteenth by the local government unified organization demolition, unified planning, unified demolition, unified compensation and resettlement. Demolition affairs shall be borne by the unit that has obtained the qualification certificate of house demolition.
If the demolisher entrusts the demolition, the entrusted demolisher shall be the unit that has obtained the qualification certificate of house demolition. After accepting the entrusted demolition, the entrusted demolition contract shall be signed with the demolition person.
Article 15. If, within the period of demolition stipulated in the announcement or ruling of house demolition, the person being demolished refuses to take the demolition without justifiable reasons, the house demolition department that approved the demolition shall report to the people's government at the same level and order the demolition within a time limit. If it is not demolished within the time limit, the people's government at or above the county level shall instruct the relevant departments to carry out compulsory demolition, or the competent department of house demolition shall apply to the people's court for compulsory demolition.
When the relevant departments carry out compulsory demolition, the executor shall make on-site transcripts to record the compulsory execution process and the demolished property. The on-site record shall be signed by the person subjected to execution, the person subjected to execution and the witness sent by the street office where the house is to be demolished. If the person subjected to execution refuses to sign, it shall be indicated in the on-site transcript.
Sixteenth after the completion of the demolition, the demolition must hold the relevant information to the competent department of housing demolition for housing demolition acceptance procedures, after the acceptance, to the planning department to receive a construction project planning permit.
Seventeenth after the house demolition, the original owner of the house should go through the cancellation procedures of the house ownership at the local real estate management department. The owner of a newly-built house shall go through the formalities of ownership registration with the real estate management department in time.
Eighteenth housing units departments shall collect and file the following information:
(a) the relevant approval documents for house demolition and construction;
(two) the demolition plan and resettlement plan;
(three) the information of the housing structure, property rights and population living conditions within the scope of demolition;
(four) a copy of the compensation and resettlement agreement and a copy of the entrusted demolition contract;
(five) inspection documents in the process of demolition;
(six) the completion documents of the construction project related to the demolition.
Chapter III Editing of Demolition Compensation
Nineteenth demolition compensation should take the form of property rights exchange, pricing compensation or a combination of property rights exchange and pricing compensation.
Twentieth property rights exchange is calculated according to the proportion of the construction area of the house to be demolished. If new houses are used to compensate bungalows, the compensation area may be appropriately increased, but the increase shall not exceed 10% of the original building area.
The construction area of the house shall be subject to the data recorded in the valid property right certificate.
Twenty-first compensation amount according to the replacement price of the demolished houses into a new settlement.
Twenty-second private residential houses repaid in the form of property rights exchange, the part of the construction area equal to the original construction area should be repaid, and the structural price difference should be settled at the replacement price; Repayment of the part of the construction area exceeding the original construction area shall be settled at the replacement price within the resettlement standard, and at the commercial housing price exceeding the resettlement standard; The part that repays the construction area less than the original construction area shall be merged into a new settlement at the replacement price.
Twenty-third residential houses directly in charge of the demolition and housing management department shall be subject to property rights exchange. Reimbursement of the cost of improving the quality of housing structure and the increased area within the resettlement standard will not be compensated.
Twenty-fourth demolition of houses with unknown property rights shall be announced by the competent department of house demolition and compensation shall be given according to the relevant provisions of these rules. Overdue unclaimed property rights, should repay the housing and compensation by the housing demolition department management.
Twenty-fifth demolition without "all of the housing" housing, no compensation.
The fourth chapter demolition and resettlement editor
Twenty-sixth users of demolished houses should be resettled in situ or ex situ according to the requirements of urban planning for construction land and the nature of construction projects, and in accordance with the principle of facilitating the implementation of urban planning and the reconstruction of old areas.
Demolition is closely related to people's lives, with services and regional functions of public institutions, should be unified planning, in situ or nearby resettlement.
Twenty-seventh from a good location to a poor location, the resettlement area can be appropriately increased, and the price of the increased area is exempted, and the increase ratio is determined by the municipal and county people's governments.
Twenty-eighth when designing resettlement houses, we should comprehensively consider the number of households, apartment types, area standards, use functions and other factors that need to be resettled.
Twenty-ninth the following users of the demolished houses shall not be resettled:
(1) Houses without house ownership certificate;
(2) Houses belonging to illegal buildings;
(3) houses rented without a legal house lease certificate.
Thirtieth demolition of residential houses, according to the original use area of resettlement. If it is really difficult to arrange according to the original use area, it can be appropriately increased within 10% of the original use area.
Thirty-first demolition of housing users voluntarily give up or reduce the resettlement, the demolition should be given appropriate incentives.
Thirty-second demolition of housing users because of the demolition, the demolition of a one-time relocation allowance. If it is necessary to relocate again due to the responsibility of the demolition person, the subsidy of the same standard will be increased.
Thirty-third in the transition period, the demolition of their own housing to solve the transition, the demolition should pay temporary resettlement subsidies.
The users of the demolished houses shall pay temporary resettlement subsidies to their units if their units solve the transitional houses.
Thirty-fourth people were taken to use the housing turnover, the transition period is not more than eighteen months, do not pay temporary resettlement subsidies; If the transition period exceeds eighteen months, temporary resettlement subsidies shall be paid according to the regulations; The transition period of more than thirty months, the demolition must take resettlement measures.
Thirty-fifth demolition of production and business premises, the demolition should help them maintain temporary production or business. If the demolition is indeed difficult, the demolition unit shall issue the basic salary to the employees to be demolished and pay the living allowance to the employees; Private enterprises and individual industrial and commercial households pay subsidies to employees in accordance with the average salary of similar local posts. The number of employees shall be subject to the business license records.
Chapter V Penalty Editing
Thirty-sixth one of the following acts, shall be given a warning by the competent department of housing demolition, ordered to stop the demolition, make corrections within a time limit, and may impose a fine of more than 1000 yuan on the unit and a fine of more than 1000 yuan on the individual:
(a) without obtaining the permit for house demolition, demolition without authorization;
(two) commissioned without obtaining the "housing demolition qualification certificate" of the unit demolition;
(3) raising or lowering the standard of compensation and resettlement without authorization, and expanding or narrowing the scope of compensation and resettlement.
Thirty-seventh according to the provisions of the housing demolition permit, without authorization to expand or narrow the scope of demolition, shall be given a warning by the competent department of housing demolition, rectification within a time limit, and may impose a fine of more than five hundred yuan to one thousand yuan.
Article 38 If the demolisher exceeds the prescribed period of demolition or extends the transition period without justifiable reasons, the competent department of house demolition shall give him a warning and impose a monthly fine of 1/1000 of the budgeted cost of rebuilding the house from the date of exceeding or extending the period without authorization.
Article 39 If the demolished person violates the demolition agreement and refuses to vacate the revolving house within the time limit, the house demolition department shall order him to return it within a time limit and may impose a fine of not less than 500 yuan but not more than 5,000 yuan.
Fortieth housing units in charge of the implementation of fines, should be issued by the provincial finance department printed receipts, fines all turned over to the finance at the same level.
Forty-first in violation of the provisions of these rules, should be given administrative penalties for public security, by the public security organs in accordance with the provisions of the "Regulations of the people's Republic of China on administrative penalties for public security"; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Chapter VI Editing of Supplementary Provisions
Forty-second foreign investment in the demolition of plots of business development land shall be stipulated separately.
Forty-third these rules shall be interpreted by the provincial environmental protection department of urban and rural construction.
Article 44 These Rules shall come into force as of the date of promulgation.
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