The newly revised Interim Provisions on Military Demobilization came into effect on July 16, 2023. We will extend the focus of support to officers and men who have recovered from war trauma, officers and men who have won the honor of meritorious military service, and secret service personnel, secret service post personnel and front-line task officers and men, and put forward clear requirements for the implementation of recuperation for combat troops, so as to promote the recuperation support to play an active role in improving the military combat capability of officers and men and maintaining and promoting health.
What are the main aspects of the military's policy of buying and selling affordable housing? First, the applicant himself applies, and the unit where he works conducts qualification examination. After the audit, determine the purchase order. After the purchase of affordable housing, the purchaser should withdraw from the original military apartment housing. Affordable housing purchased by military units can only be sold to officers, civilian cadres, non-commissioned officers and employees of their own units, and may not be resold or used for business. Soldiers who purchase affordable housing and enjoy housing subsidies can use the housing subsidies in their individual housing fund accounts to offset the housing payment that should be paid. The difference between the selling price (comprehensive cost price) and the actual construction cost of affordable housing built on military land can be used as a discount for military land to offset the housing subsidies of the buyers of this unit; Housing sales income, housing rental income and other paid service income should also be used to offset the housing subsidies of the buyers of this unit. The deduction of housing subsidies shall be organized and accounted for by the construction unit or the unified construction unit, and implemented after being audited by the housing reform office at the corps level and the housing fund management department. Legal basis: Article 1 of the Notice on Issues Related to the Reform of the Military Housing System? Military cadres, noncommissioned officers and workers are approved to buy houses at affordable housing prices or market prices. If their spouses have not rented or purchased public housing in the local area, their units shall co-ordinate the payment of housing subsidies in accordance with the relevant provisions of the local government.
First, what is a military delivery room?
1。 Military housing is a house owned by the army. The land is provided by the army and the developer contributes to the construction. The property right of the house belongs to the military commission and the headquarters, and the property right belongs to the military property. Property units fill in the military logistics department.
2。 The difference between military housing and ordinary commercial housing: commercial housing and military housing have different land attributes, one is land allocation and the other is land transfer; Commercial housing can be loaned, and military housing needs to be paid in one lump sum; Commercial housing has a little red book, but the military room has no little red book; Commercial housing can be signed online, and military production rooms only have contracts; Commercial housing has ownership and can be bought and sold at any time, while military housing has only the right to use, no property rights and cannot be bought and sold casually.
Management of Housing Sale in the Armed Forces The Armed Forces have specially promulgated the Interim Measures for Housing Sale in the Armed Forces and the Measures for the Management of Housing Sale in the Armed Forces, which explain the scope and objects of housing sale, the calculation of the selling price, the management and use of the income from housing sale, etc.
Second, the current relevant policies on military delivery rooms
The newly established China Rongtong Company will take over the military housing in all parts of the country, including: barracks housing, retired cadres and supporting services housing, commercial housing, and re-register all the properties, and then mobilize, dismantle and replace them. Specifically:
1。 The second generation living in the military retired cadres' homes will move out of the original retired cadres' homes and live in commercial houses that meet their own standards and conditions in accordance with relevant military regulations. Enjoy the same rights as ordinary citizens to inherit, transfer, transfer and lease new houses.
2。 For the second generation who have purchased the housing of retired cadres and obtained the ownership certificate of the house or the property ownership certificate, the army will refund the purchase price at the original price and replace it with a new commercial house.
3。 After the housing of retired cadres is demolished and replaced, the original site will be demolished by China Rongtong Company and re-planned. Because many retired cadres occupy the core area of the city, they have great development and utilization value.
4。 The registration, mobilization, demolition and replacement of housing for retired military cadres will be carried out one after another throughout the country. At present, a large-scale revolving resettlement housing for retired military cadres is being built in the northwest of Haidian District, Beijing.
Third, can the military production room be inherited?
1。 Military housing has no property right, only the right to use it, so military housing cannot be inherited and bought and sold. Military housing is military land specially allocated by the state, which is built by the army and only allocated to soldiers of its own army. Users pay a certain monthly rent, but only the right to use has no ownership.
2。 In the military marriage and family, if the non-military party divides the divorced property, the military property is only distributed to the military, and the court will not divide the house as the joint property of the husband and wife, nor will it award compensation to the non-military.
3。 Due to the lack of clear legal provisions on the legal application of the sale of military housing and the determination of the validity of the contract, the court will generally not judge the ownership of military housing obtained by transferring the right to use or residence, but will judge that it will be used by one party according to the actual situation.
4。 The sale of existing military housing must be reviewed by military units and reported to the Logistics Support Department of the Military Commission for approval, and implemented by the selling unit. The resettlement of retired military cadres has been unified in building and purchasing houses, and the ownership of houses has been transferred from military departments to personal names, which belongs to personal property that can be inherited.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 2 of the Law of People's Republic of China (PRC) on the Protection of Retired Soldiers
The term "veterans" as mentioned in this Law refers to officers, non-commissioned officers and conscripts who have been discharged from active service in China People's Liberation Army according to law.
essay
Retired soldiers have made important contributions to national defense and army building and are an important force in socialist modernization.
It is the common responsibility of the whole society to respect and care for veterans. The state cares for and gives preferential treatment to retired military personnel, strengthens the construction of the security system for retired military personnel, and ensures that retired military personnel enjoy corresponding rights and interests according to law.