2. Household registration in the household registration management system means that although citizens live together, they are economically independent and live separately, and they can establish separate household registration files.
3. According to the "Regulations on China People's * * * and National Household Registration", it was adopted at the 9th meeting of the NPC Standing Committee on1October 9th1October 9th, 65438+1October 9th, and was promulgated by presidential decree of China People's * * *.
Article 19 If a citizen's household registration changes due to marriage, divorce, adoption, claim, separation, merger, disappearance, withdrawal or other reasons, the head of the household or himself shall report the change registration to the household registration authority.
5. If an indoor member still lives at the address and needs to be separated due to marital relationship or changes in house property rights, he/she may submit the household registration book, the original head of household's ID card and one of the following materials to apply to the local police station: marriage certificate; "Divorce Certificate" or the divorce judgment or conciliation statement of the people's court; Judgment, ruling, decision, etc. Judgment of the people's court on the division of housing ownership and use right (excluding the confirmation of rights between husband and wife); After the production analysis, the certificate of private property rights issued by the real estate management department at or above the county level, and the certificate of lease and use of public houses after the division (excluding the right confirmation between husband and wife).
When the house is demolished, the registered permanent residence can be moved into the newly allocated house, and the address on the ID card is the address of the new house.
Article 10 of the Regulations on Household Registration in People's Republic of China (PRC) stipulates: "If a citizen moves out of the jurisdiction of the household registration, he/she or the head of the household shall apply to the household registration authority for registration before moving out, get a migration certificate and cancel his/her household registration."
Article 13 stipulates: "When a citizen moves, he/she shall apply to the household registration authority for migration registration and submit a migration certificate within three days in the city and ten days in the countryside." .
Characteristics of compensation and resettlement agreement
1. The compensation and resettlement agreement for house demolition is a legal act of both parties to house demolition. The agreement relationship is mainly attended by both parties to the house demolition, and only one party can't form an agreement relationship.
2. The parties to house demolition have equal legal status. First, regardless of the economic strength and political status of both sides, neither side is allowed to impose its will on the other; The second is to reflect the reciprocity of rights and obligations of house demolition, that is, one party obtains certain rights from the other party and also undertakes corresponding obligations. Any obviously unfair agreement can be revoked.
3. The agreement must be a legal act of both parties to the house demolition. The so-called legal behavior refers to the behavior carried out in accordance with the requirements of the housing demolition regulations. If the parties are qualified, the social organization as the parties to the house demolition agreement should have the legal person qualification;
The undertaker must have the authorization certificate of the legal person or legal representative when signing the agreement; There must be legal procedures for entrusting an agent to conclude an agreement; When signing the agreement, the demolished person shall issue legal documents such as property right certificate and use right certificate. An agreement concluded in violation of laws and regulations or by fraudulent means is invalid.
4, housing demolition compensation and resettlement agreement is a legally binding document. Explain that their rights are protected by law after they are produced according to law; After its obligations are generated according to law, they are enforced by law.
Secondly, the agreement concluded according to law must be strictly observed, and neither party has the right to change or terminate it without authorization. Then there is a dispute in the performance of the agreement, and the terms of the agreement are the main basis for solving the dispute.
5. The compensation and resettlement agreement for house demolition is a two-way paid agreement. Both parties to the agreement enjoy certain rights according to the agreement, but also bear corresponding obligations.
6, housing demolition and resettlement agreement must be in written form.
Contents of compensation and resettlement agreement
The agreement on compensation and resettlement for house demolition must include the unit, name and agent name of the demolition party, and the agreement must be signed and sealed by both parties before it has legal effect.
Demolition of non rental housing, signed by the demolition and demolition agreement; Demolition of rental housing, the demolition should be taken and the lessee signed an agreement. The main contents of the agreement are:
(1) compensation method, monetary compensation amount and payment term for demolition;
(two) the area, standard and location of resettlement houses;
(three) the payment method and time limit for the price difference of the property right exchange house;
(four) relocation period, relocation transition mode and transition period;
(five) payment standards and payment methods for relocation subsidies, temporary resettlement subsidies or losses caused by suspension of production and business;
(6) Liability for breach of contract and dispute settlement methods;
(seven) other terms agreed by the parties.