Cheng [2002] No.6
The relevant town people's governments, development zone administrative committees, municipal departments and bureaus, and municipal directly affiliated units:
With the consent of the municipal government, the detailed rules for the implementation of the management of urban housing demolition in Jiangyin are hereby printed and distributed to you, please follow them.
2002 1 8/month
Detailed Rules for the Implementation of Jiangyin City Housing Demolition Management
Chapter I General Provisions
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of construction projects, these Detailed Rules are formulated in accordance with the relevant provisions of the Regulations of the State Council Municipality on the Administration of Urban House Demolition and the Measures of Wuxi Municipality on the Administration of Urban House Demolition, and combined with the actual situation of this Municipality.
Article 2 These Rules shall apply to the demolition of houses on the state-owned land in the urban planning area of this Municipality, and it is necessary to compensate and resettle the demolished people.
Article 3 Urban house demolition must conform to urban planning, be conducive to the implementation of construction projects and the transformation of old areas, be conducive to the improvement of ecological environment and the protection of cultural relics and historical sites, and follow the principles of openness, fairness and equal value and compensation.
Article 4 The demolisher shall compensate and resettle the demolished person according to law; The person to be demolished and the lessee of the house shall complete the relocation within the prescribed relocation period.
The meanings of the following terms in these rules:
Demolition refers to the unit that has obtained the permit for house demolition;
The person being demolished refers to the owner of the house being demolished;
The lessee refers to the units and individuals that have a legal lease relationship with the demolished person;
Non-residential houses refer to houses that have completed legal procedures and are actually used as non-residential houses before the relevant units issue a notice to suspend the relevant procedures.
Fifth City Construction Bureau is responsible for the supervision and management of urban housing demolition work within their respective administrative areas.
The institution established by the Construction Bureau to manage the daily affairs of house demolition (hereinafter referred to as the management institution) shall be responsible for the implementation of these rules.
City development plan, land and resources, housing management, industry and commerce, price, planning, public security, taxation and other departments shall, according to their respective responsibilities, assist in the management of house demolition.
Chapter II Demolition Management
Article 6 The demolition shall be carried out only after the demolition permit is obtained.
Article 7 After the Municipal Planning Bureau issues the construction land planning permit and determines the scope of demolition, the following activities shall not be carried out within the scope of demolition:
(a) new construction, expansion and reconstruction of houses and their attachments;
(2) Changing the use of houses and land;
(three) to establish a new housing lease relationship and housing lease account classification.
Article 8 A construction unit may, with a permit for planning construction land, apply to the municipal housing management, land and resources departments to suspend the matters specified in items (2) and (3) of Article 7.
For the demolition of houses due to major municipal construction projects, the construction unit may apply to the municipal planning, housing management and land and resources departments for suspension of relevant procedures with the approval documents of construction projects.
The suspension period shall not exceed one year.
After receiving the application from the construction unit, the relevant departments shall announce the suspension items and time limit in the form of announcement within the scope of the proposed demolition.
Ninth in the suspension period, the construction unit has not obtained the housing demolition permit, the suspension period shall be extended to the date of the expiration of the demolition period; Suspension of relevant formalities expires, and the construction unit has not obtained the permit for house demolition, and the suspension measures will be lifted by itself.
Tenth need to demolition of housing construction units shall apply to the Construction Bureau, the Construction Bureau shall complete the examination within 30 days from the date of receipt of the application. To meet the conditions, the issuance of housing demolition permits; For those who do not meet the requirements, notify the applicant in writing.
Eleventh to apply for a house demolition permit, the following materials shall be submitted:
(a) the project approval document;
(2) Land use planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(5) A deposit certificate issued by a financial institution handling deposit business, which is not less than 50% of the total amount of compensation and resettlement funds;
(six) proof of clear property rights and no burden of rights.
The construction unit shall make it clear in the demolition plan that the sum of the deposit amount and the value of the resettlement house is not enough to compensate the total amount of funds.
Twelfth Construction Bureau in the issuance of housing demolition permits, should be published in the form of housing demolition notice in the local major newspapers, the demolition permit specified in the demolition, demolition scope, demolition period and other matters.
Small-scale house demolition, can be in the scope of demolition and nearby areas posted housing demolition notice.
Thirteenth Construction Bureau and the demolition should promptly publicize and explain to the demolition.
The demolisher shall send the demolition notice to the demolished person within 10 days from the date of the announcement of house demolition, and carry out house demolition within the scope and time limit determined by the house demolition permit.
Fourteenth residents shall not arbitrarily adjust the scope of demolition or extend the period of demolition.
If the scope of demolition really needs to be adjusted, the demolition person shall re-apply for the demolition permit; If the demolition period really needs to be extended, the demolition person shall apply to the Construction Bureau for extension before the expiration of the demolition period of 15, and the Construction Bureau shall give a reply within 10 from the date of receiving the application for extension of demolition.
Fifteenth people can take their own demolition, can also entrust a qualified unit to carry out the demolition.
Demolition of their own demolition, the Construction Bureau should strengthen the guidance, supervision and inspection of the demolition business.
If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit, conclude the entrusted demolition contract, and send it to the Construction Bureau for filing within 15 days.
The entrusted demolition unit shall not transfer the demolition business.
The construction bureau and the management organization shall not be residents, and shall not accept the entrustment of residents.
Sixteenth people engaged in house demolition business. Should master the laws, regulations, policies and other business knowledge related to house demolition, and obtain the employment certificate through professional training and assessment of the Construction Bureau.
People who have been demolished have the right to require the personnel engaged in house demolition business to issue employment certificates.
Seventeenth in the demolition period announced by the Construction Bureau, the demolition should conclude a unified text of the demolition compensation and resettlement agreement with the demolition.
Demolition of rental housing, the demolition should be taken with the tenant and the housing tenant to conclude a unified text of the demolition compensation and resettlement agreement.
After the conclusion of the demolition compensation and resettlement agreement, the demolition person shall send it to the Construction Bureau for filing within 5 days.
Article 18 If the house to be demolished is an escrow house, the custodian shall submit the entrustment documents and relevant certification materials, and the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be kept.
* * * If the house is demolished, the owner of * * * shall conclude or entrust an agent to conclude the demolition compensation and resettlement agreement.
Nineteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolition person or lessee refuses to move within the relocation period, the demolition person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law.
During the litigation, the demolisher may apply to the people's court for execution according to law.
Twentieth demolition compensation and resettlement can not reach an agreement, the application of the parties, the construction bureau ruled. Construction bureau is the demolition, ruled by the people's government at the same level.
The ruling department shall do a good job in the publicity and interpretation of the demolition policy before the ruling, listen to the opinions of the parties involved in the demolition, and mediate on the basis of finding out the facts; If mediation fails, a ruling shall be made within 30 days from the date of receiving the application.
If a party refuses to accept the award, it may bring a lawsuit to the local people's court within 3 months from the date of service of the award. If the demolisher has given monetary compensation to the demolished person or provided the demolition property right exchange and revolving house, the execution of the demolition shall not be stopped during the litigation.
Article 21 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the Municipal People's Government shall instruct the relevant departments to forcibly relocate, or the Construction Bureau shall apply to the people's court for compulsory relocation according to law.
Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Twenty-second municipal construction projects to remove houses should be handled in accordance with the principle of first vacating land and then handling disputes. The person to be demolished shall obey the needs of construction and move on schedule according to the requirements of engineering construction.
Twenty-third has not yet completed the relocation compensation and resettlement of construction projects, should be approved by the Construction Bureau in conjunction with the planning, real estate, land and resources and other departments, the original relocation compensation and resettlement agreement related rights and obligations will be transferred to the assignee.
The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.
Twenty-fourth housing demolition compensation and resettlement funds shall be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
The Construction Bureau shall sign a supervision agreement on the use of demolition compensation and resettlement funds with the demolition person and the financial institution that issued the certificate of demolition compensation and resettlement funds, and strengthen the supervision on the use of demolition compensation and resettlement funds.
Financial institutions shall cooperate with the Construction Bureau to do a good job in the supervision and management of compensation and resettlement funds for demolition.
Twenty-fifth residents in the demolition construction, must abide by the city appearance and environmental sanitation and public security, roads, traffic and other laws and regulations.
Fences should be set up at the demolition site to ensure safety.
Twenty-sixth after the demolition work, the demolition should apply to the Construction Bureau, which will accept the demolition project.
Twenty-seventh Construction Bureau and the demolition unit shall establish and improve the demolition file management system, strengthen the management of demolition data, and hand over the housing property right certificate, land use right certificate and other related materials to the municipal housing management, land resources and other departments in accordance with the relevant provisions.
Chapter III Compensation and Resettlement for Demolition
Twenty-eighth people should be taken in accordance with the provisions of these rules to be taken compensation.
Demolition compensation and resettlement can be monetary compensation, but also the exchange of housing property rights equivalent to monetary compensation.
People who are demolished can choose the compensation method for demolition according to law.
Twenty-ninth demolition of illegal buildings and temporary buildings that exceed the approved use period will not be compensated.
The removal of temporary buildings that have not exceeded the approved use period shall be given appropriate compensation, but if the temporary building planning permit states that it needs to be removed unconditionally due to urban construction, no compensation shall be given.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Demolition of public welfare houses, traffic booths, traffic signs and other public facilities, the demolition should be rebuilt in accordance with the requirements of urban planning, or give monetary compensation.
If it is necessary to relocate pipelines or lay temporary pipelines due to house demolition, the demolition person shall be responsible for it; However, combined with road expansion, according to the needs of urban planning, all kinds of pipelines will be put in place or the cost of new construction and expansion will not be borne by residents.
Thirtieth the amount of monetary compensation, according to the location, use, construction area and other factors of the demolished house, determined by the real estate market evaluation price.
Thirty-first the implementation of housing property rights exchange, the demolition should provide not less than two sets of resettlement houses approved by the Construction Bureau for the demolition to choose, and settle the price difference of property rights exchange.
Thirty-second demolition of leased residential houses and non-residential houses shall be agreed by both parties through consultation. If the demolition person and the lessee terminate the lease relationship, the demolition person shall compensate the demolition person.
If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. The resettlement house is leased by the original lessee, and the house lease contract is re-concluded.
Thirty-third demolition of public rental housing that meets the rent standards set by the government and has legal lease procedures. If the demolished person chooses to exchange property rights, the demolished person will resettle the lessee and the lease relationship will continue.
The demolished person chooses monetary compensation to terminate the lease relationship. If the lessee meets the housing reform conditions but does not participate in the housing reform, if the demolition compensation amount exceeds 50,000 yuan, 80% will be compensated to the lessee and 20% will be compensated to the demolished person; If it is less than 50,000 yuan, make up 50,000 yuan and give it to the lessee. People who have been demolished will no longer enjoy 20% compensation for demolition. If the lessee does not meet the above conditions, the demolition compensation shall be fully compensated to the person being demolished.
Thirty-fourth demolition of residential houses by the demolition of compensation assessment, demolition compensation is less than 50 thousand yuan, by the demolition of 50 thousand yuan to make up; The person being demolished may also apply, and the person being demolished may provide a house equivalent to the original housing area for the person being demolished to rent, and the person being demolished shall pay the compensation after deducting the location compensation.
Thirty-fifth public rental non-residential houses that meet the rent standards stipulated by the government and have legal lease procedures shall be subject to monetary compensation.
Thirty-sixth demolition in line with the government rent standards, the implementation of the escrow housing policy of private rental housing, should terminate the lease relationship. In principle, the demolished person chooses monetary compensation, and the demolished person pays 100% of the house demolition compensation to the demolished person (or the real estate escrow department).
If the lessee meets the housing reform conditions but does not participate in the housing reform and has legal lease procedures, the demolisher shall pay 100% of the compensation for house demolition to the demolished person (or the real estate escrow department) and pay 80% of the compensation for house demolition to the lessee.
The compensation received by the real estate escrow department should be earmarked for the implementation of the escrow housing policy.
Thirty-seventh in the demolition notice period, the demolition of housing property rights is unclear or property disputes unresolved, the demolition should put forward specific compensation and resettlement programs, submitted to the Construction Bureau for examination and approval before the implementation of the demolition. Before the demolition, the demolition person shall organize the demolition person to conduct on-site investigation records of the demolished houses, and handle the evidence preservation with the notary office on the relevant matters of the demolished houses.
Thirty-eighth demolition of houses with mortgages shall be carried out in accordance with the relevant provisions of the State Security Law.
Thirty-ninth people should be taken to the demolition or lessee to pay the following subsidies:
(1) relocation allowance;
(two) temporary resettlement subsidies;
(3) Subsidies for moving and installing fixed facilities;
(four) other expenses stipulated by laws, regulations and rules.
Demolition of non-residential housing caused by the suspension of production and business, the demolition should be given appropriate compensation.
Fortieth people who are taken to choose the form of property rights exchange to implement the transition, the demolition should pay temporary resettlement subsidies to the people who are taken. Due to the extension of the transition period of the demolition, the compensation standards and compensation methods for the losses caused to the demolition and the demolished houses can be agreed by the demolition parties in the compensation and resettlement agreement.
Forty-first monetary compensation for the demolition, the demolition according to the monetary compensation agreement, issued a certificate of special bank deposit to the demolition.
Special certificates of deposit shall not be transferred or pledged.
Article 42 Where the demolished person pays the house purchase price with the compensation for demolition, the demolished person shall purchase the commercial house licensed for sale by the Municipal Real Estate Management Bureau, and submit the demolition compensation and resettlement agreement, the registered or filed house purchase contract and the special deposits certificate to the relevant bank; The relevant bank shall transfer the money on the special deposit slip to the selling unit in accordance with the agreement in the purchase contract.
The property right of the house purchased with the compensation for demolition belongs to the demolished person or the lessee of the demolished person.
Article 43 If the purchase price of the house to be demolished is higher than the amount of the special deposit certificate, the excess shall be borne by the demolisher; If the price of the house purchased by the demolished person is lower than the amount of the special deposit certificate, the balance can be withdrawn in cash.
If the demolished person does have a house elsewhere and no longer buys a house after the demolition, the compensation for the demolition shall be withdrawn in cash after the approval of the Construction Bureau.
The time for the demolition to pay compensation shall be agreed in the demolition compensation and resettlement agreement; If there is no agreement, it shall be paid in full within one month after the demolition and lessee move out of the original site.
Forty-fourth appraisal institutions engaged in real estate appraisal business must have corresponding real estate appraisal qualifications.
The assessment of the demolished houses shall be selected by the demolisher from qualified assessment agencies, and an assessment entrustment contract shall be signed.
Forty-fifth assessment agencies should be based on the "Jiangsu Province urban housing demolition compensation price assessment technical guidelines" and "Jiangyin urban housing demolition compensation assessment benchmark price and compensation standards" and other provisions, to assess the demolition of houses. During the assessment, the demolished person (including the lessee) shall be notified to be present, and the demolished person (including the lessee) shall cooperate.
The evaluation institution shall not collude with one party to harm the legitimate rights and interests of the other party.
Forty-sixth demolition parties have objections to the evaluation results, you can ask the evaluation agency to re-evaluate; If there are still objections after re-evaluation, a written application may be submitted for identification by other assessment agencies designated by the Construction Bureau, and the newly generated assessment expenses shall be borne by the wrong party.
Chapter IV Punishment
Forty-seventh in violation of the provisions of these rules, without obtaining a permit for house demolition, unauthorized demolition, the construction bureau shall order it to stop the demolition, give a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the demolition housing construction area.
Forty-eighth demolition in violation of the provisions of these rules, to obtain housing demolition permit by deception, the housing demolition permit shall be revoked by the Construction Bureau, and a fine of more than 3% and less than 0% of the demolition compensation and resettlement funds shall be imposed.
Forty-ninth demolition in violation of the provisions of these rules, one of the following acts, the construction bureau shall be ordered to stop the demolition, given a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Fiftieth entrusted demolition units that transfer demolition business in violation of the provisions of these rules shall be ordered by the Construction Bureau to make corrections, confiscate the illegal income and impose a fine of more than 25% and less than 50% of the demolition service fee stipulated in the contract.
Fifty-first construction bureau and management institutions in violation of the provisions of these rules, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Fifty-second the price and cost standards involved in these rules shall be formulated and published by the Municipal Construction Bureau in conjunction with the departments of price, finance, housing management, land and resources in accordance with their duties and powers.
Fifty-third before the implementation of these rules, the construction projects that have received the house demolition permit and have been demolished shall still be implemented according to the original provisions.
Fifty-fourth national, provincial and Wuxi key construction projects involving housing demolition and resettlement compensation shall be implemented in accordance with the relevant provisions of national, provincial and Wuxi key construction projects.
Article 55 In order to meet the needs of urban construction, collective land shall be requisitioned and houses and their attachments shall be demolished in urban planning areas. Compensation and resettlement measures are still implemented according to the Interim Provisions on the Management of Rural Housing Demolition in Jiangyin Urban Planning Area.
Article 56 The Jiangyin Municipal People's Government shall be responsible for the interpretation of these Rules.
Article 57 These Rules shall come into force as of June 5, 2002.
The "Specific Provisions on the Implementation of Jiangyin City (Regulations on the Administration of Urban Housing Demolition in Jiangsu Province)" shall be abolished at the same time. Other relevant provisions of the municipal government are inconsistent with these rules, and these rules shall prevail.
This article is for reference only, subject to the official documents.
How to apply for Jiangyin truck pass on mobile phone?
Click "Truck Pass Application System" on the friendship link at the lower right of the traffic safety integrated service platform (/) page of the Public Security Traffic Management Bureau to enter the system login/registration interface.
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What is the origin of Zhangjiagang?
In the second year of Emperor Kangxi of Qing Dynasty (1663), Jiangyin county government planned to build a highway between Chengjiangmen and Wu Shan. When surveying this river, I found it was nameless, so I asked Dongwuyi Town in Da Qiao to give me a name.
Wu Yizhi knew that this river was opened by Zhang's ancestors, and later it was widened by Zhang's descendants, so he named it "Zhangjiagang" and reported it to Jiangyin County Government for identification and filing. In the winter of the third year of Kangxi (1664), Jiangyin County officially approved the name of this river as Zhangjiagang.