Standing Committee of Liaoning Provincial People's Congress
(Standing Committee of the 10th Fushun City People's Congress on August 24, 1989 Adopted at the 10th meeting on September 22. Approved at the 11th meeting of the Standing Committee of the 7th People's Congress of Liaoning Province on August 24, 1989. Adopted at the 10th meeting of the Standing Committee of the 10th People's Congress of Fushun City on August 24, 1997. The amendment decision adopted at the 30th meeting of the Standing Committee of the Eighth People's Congress of Liaoning Province on September 27, 1989 was amended in 1989 based on the amendment approved by the 30th meeting of the Standing Committee of the Eighth People's Congress of Liaoning Province on September 27, 1997. (Amended by decision) (Amended based on the amendment decision approved by the 30th meeting of the Standing Committee of the Eighth People’s Congress on September 27, 1997)
Fushun City Urban Housing Issued on March 31, 1999 Demolition Management Regulations are abolished at the same time)
Chapter 1 General Provisions
Article 2 These Regulations shall come into effect from the date of promulgation: General Provisions
Article 1 is to strengthen For urban construction and demolition management, we must do a good job in demolition resettlement and compensation, and formulate these regulations with reference to relevant national laws and regulations. In order to strengthen the management of urban construction relocation and carry out relocation and compensation work, these regulations are formulated in accordance with relevant national laws and regulations and in conjunction with the actual situation of this city.
Article 2 Urban construction relocation, resettlement and compensation shall be subject to the overall urban planning and the needs of urban construction and old area reconstruction, adhere to the principles of fairness, compensation and good faith, and protect the legitimate rights and interests of the parties involved.
Article 3 These regulations shall apply to the relocation, resettlement and compensation of all urban construction projects within the urban planning area of ??Fushun City.
Article 4 The demolition department of the Municipal People's Government shall manage and supervise the demolition, resettlement and compensation work of urban construction in accordance with these regulations.
The district people's government and sub-district offices are obliged to assist the municipal people's government's relocation department in managing relocation, resettlement and compensation work within their jurisdiction.
The judicial and public security organs and the urban construction, real estate, planning, land and other administrative departments shall perform their respective duties to ensure the implementation of these regulations.
Chapter 2 Relocation
Article 5 For residential construction within the urban planning area, relocation fees shall be paid to the municipal relocation department in accordance with the following provisions:
(1) ) For newly requisitioned land for residential construction, relocation fees shall be paid based on 20% of the construction area cost;
(2) For reconstruction of old areas, the relocation fee shall be paid based on the demolition and construction ratio (the ratio of demolition area to newly built area) Relocation fees levied. The construction ratio is 35% in the city center station area and 25% in other areas. If the proportion of demolition and construction exceeds the prescribed standards, relocation fees will be exempted. If the proportion of demolition and construction does not reach the prescribed standards, relocation fees will be levied based on the difference between the proportion of demolition and construction;
(3) Use the land of the unit (including courtyard walls) to build residences , the relocation fee for the construction area shall be paid at 20% of the construction cost.
Article 6 Relocation fees must be collected according to the prescribed amount, and no department or individual may reduce, withhold or misappropriate the funds without authorization.
The relocation fees collected are used as subsidies for residential renovation in old areas.
Article 7 The renovation of shanty town residences shall be studied and decided by the Municipal People’s Government, and relevant departments shall be designated to organize the construction. If the amount of relocation is too large, appropriate subsidies will be provided from the relocation fee.
Article 8 Within the scope of relocation, any house or building that is legally used for production, operation and other social activities and holds the use certificate of the relocated unit or land consistent with it , real estate registration certificate; those who have legal residential houses and house use certificates of the relocated households, household registration books, and food supply certificates for permanent residents.
Article 9 The construction unit must present the documents approved by the municipal planning and land management departments and the proposed relocation plan, submit it to the municipal relocation department for approval of relocation, and implement the relocation after obtaining the relocation permit.
Article 10 If a legal public house is demolished, the house cancellation registration must be submitted to the property owner; if a legal private house is demolished, the cancellation registration formalities must be completed at the municipal real estate management department before demolition and resettlement can be implemented.
If a legally managed house is to be demolished, the construction unit shall work with the municipal real estate management department to take photos and archives of the managed, assessed and current housing, and complete the cadastral cancellation procedures. The demolition can only be carried out after notarization.
Article 11 To relocate trees, green spaces and public buildings within the scope of construction land, the construction unit shall submit an application to the competent department in advance and handle it in accordance with relevant regulations.
For the demolition of cultural relics, sites for religious activities and other special buildings, the construction unit shall apply in advance to the competent department of the people's government in accordance with the approval authority, and it can be implemented only after approval.
Article 12 When relocating, the construction unit, the relocated unit, the relocated household, and the property owner shall sign a relocation and resettlement compensation agreement in accordance with the provisions of these regulations. The agreement should specify the relocation time, return time and location, resettlement area, compensation method and liability for breach of contract.
Article 13 Within the relocation area, household registration transfer and household division will be temporarily frozen from the date of approval of the joint planning review to the date of completion of the relocation work.
During this period, all houses and other buildings shall not be rebuilt, allocated, rented, bought, sold or changed in use, and the original facilities shall not be damaged.
Article 14 From the date of the announcement of automatic relocation, the relocation units shall move out of the construction site within sixty days, and the relocated households shall move out within thirty days. The construction unit shall not force the relocating units and relocated households to relocate within a time limit by means of water, power, gas, etc.
The relocated units and relocated households must comply with construction needs and relocate as scheduled. For units and households that refuse to relocate after reasonable resettlement and compensation, the construction unit may file a lawsuit with the People's Court and handle it in accordance with the law.
Article 15: Illegal buildings within the relocation scope must be demolished unconditionally within a time limit, and no compensation or resettlement will be provided.
Article 16 Any unit or individual that uses state-owned land to build walls, fences, or plant crops in front of and behind the house without approval from relevant departments must dismantle it within a time limit and will not be compensated.
Chapter 3 Compensation
Article 17 In the relocation area, the construction unit shall compensate for the original buildings or attachments that have legal property rights and land use certificates. Compensation shall be provided in accordance with the following provisions:
(1) For public housing, the construction unit shall provide compensation according to the construction area of ??the demolished house, and the residual value of the original house demolished shall be disposed of and compensated by the construction unit;
(2) For private houses, if the property owner requests to retain the property rights, compensation will be provided based on the construction area of ??the demolished house, but the property owner shall pay the difference in price between the old and new houses; if the property owner gives up the property rights, it can be demolished by itself, or the construction unit can demolish it Expropriation and demolition;
(3) If houses owned by rural collectives or farmers need to be relocated, the construction unit shall carry out compensation according to the original building area, standards and structure. The local people's government shall assist in land acquisition, and the land acquisition costs shall be borne by the construction unit. The unit shall bear the responsibility;
(4) Farmers use the open space in front of and behind the house to plant trees, crops, etc. on collectively owned land. , the construction unit shall compensate according to relevant regulations;
(5) If primary and secondary schools are demolished, the construction unit shall re-build them according to the original land area and building area. If expansion is required at the same time according to planning requirements, the land acquisition and demolition costs of the expansion part shall be borne by the construction unit, and the construction costs shall be borne by the education department;
(6) Various types of buildings and public facilities shall, in principle, be borne by The property owner shall rebuild according to the original land area, building area, standards and structure, and the cost shall be calculated in accordance with relevant regulations and shall be borne by the construction unit. If relocation is required, the construction unit shall also issue a one-time relocation subsidy. The property owner shall be responsible for the costs of expanding and renovating, expanding the scale and raising standards at the same time.
(7) If adjacent buildings are damaged due to demolition, the construction unit shall be responsible for compensation in accordance with relevant regulations.
Article 18 The demolished households should find temporary housing by themselves during the demolition period. From the date of relocation to the date of return, the construction unit shall pay monthly living allowances based on the verified number of relocated persons, and a one-time moving subsidy per household.
When the relocated households are relocated, their employees’ units will be given a 3-day holiday based on certificates from the construction unit, and their wages and bonuses will be paid as usual.
Article 19: The relocation of production, business, office and other buildings used by the state and collective units shall be temporarily used by the relocated units themselves. The construction unit shall pay a one-time resettlement subsidy based on the number of registered employees. For those who are really unable to solve the problem of temporary housing and suspension of production and business, the construction unit shall pay monthly average basic wages of registered employees within the scope of suspension of production and business of the relocated unit, retirement pensions of retirees and various fixed subsidy standards stipulated by the state. Subsidy fee.
During the period of suspension of production and business for private enterprises and individual industrial and commercial households from the date of relocation to the date of relocation, wages will be paid on a monthly basis based on the number of employees registered in the business license and the average monthly basic salary of employees in this city. Suspension of production and business suspension subsidies.
Chapter 4 Resettlement
Article 20: The resettlement of relocated households shall be based on the living area of ??the original housing certificate.
If there is a large population and it is really necessary to increase the living area, the area is allowed to be increased, but the per capita living area after the increase shall not exceed the city's per capita living level in the previous year. The construction funds used to increase the area shall be borne by the units where the relocated employees work and the individuals of the demolished households without units. Without investment in construction funds, the area shall not be increased.
Article 21: Residential construction will be relocated to other places, and the relocated households will be resettled in the original relocation area. After the new houses are built, the demolished households should be resettled first. The design of the housing to house the demolished households must comply with current standards. The floor, orientation, and structure of the house should maintain a reasonable proportion with the housing, commercial housing, and distribution plan provided by the construction unit, and the supporting facilities should meet the conditions for use.
Article 22 Municipal projects and other public institutions and relocation construction and relocation projects can relocate units and relocated households.
Article 23 Commercial, service buildings and public buildings that are closely related to residents’ lives shall be rebuilt on the original site or nearby, and shall be designed and constructed simultaneously with residential buildings. For commercial and service buildings and public buildings and facilities that are relocated, the building area will be restored. If the area really needs to be expanded, it will be treated as commercial housing.
Enterprises, institutions and public facilities that endanger residents and pollute the environment shall be rebuilt on the basis of the original land area, building area, standards and structures in accordance with the provisions of environmental protection laws and regulations. , the construction land application and land acquisition costs shall be borne by the construction unit.
Article 24 Households to be demolished who are unable to afford heating fees and area expansion fees can be resettled in corresponding houses by the construction unit at one time.
For demolished households that rely on relief from the civil affairs department, the construction unit will be resettled free of charge into housing with conditions and living area no less than the original ones.
The demolished rural households will be resettled according to the provisions of Article 17, Paragraph 3 of these Regulations; the half-worker and half-farmer households will be resettled as working households.
If the relocated households vacate their houses to engage in the tertiary industry, they will be resettled according to the original purpose of the house certificate.
Article 25 The construction unit must ensure that the demolition units and demolition households are relocated within the construction cycle. Calculated from the date of relocation, the construction period is 18 months for residential buildings with a construction area of ??50,000 square meters or less; 24 months for residential buildings with a construction area of ??50,000 square meters or more; and 30 months for high-rise buildings. Other constructions are carried out on a fixed-term basis.
If the construction period is exceeded and still cannot be relocated, the construction unit shall issue 1 to 3 times of production and business suspension subsidies and living subsidies to the relocating units and relocated households from the date of exceeding the deadline; according to Article 10 of these Regulations Article 9 stipulates that for relocation units that are not entitled to production and business suspension subsidies, the construction unit shall pay production and business suspension subsidies on a monthly basis starting from the date when the construction period is exceeded.
The construction unit can withdraw part of the subsidy saved by early relocation as a reward.
Article 26 After the demolished units and demolished households move back, the temporary houses built by them should be demolished immediately.
Chapter 5 Penalties
Article 27 For those who violate the relevant provisions of these regulations, the municipal demolition department has the right to correct them and impose financial penalties. If economic losses are caused by the actions of a unit, in addition to being ordered to compensate for all losses, a fine of one to three times the value of the loss will be imposed; if economic losses are caused by individual actions, in addition to being ordered to compensate for all or part of the losses, a fine will be imposed as appropriate.
If the party concerned is dissatisfied with the punishment, he may file a lawsuit with the People's Court within fifteen days from the date of receipt of the penalty notice. If the penalty decision is not fulfilled within the time limit and no lawsuit is filed with the People's Court, the municipal expropriation and relocation department shall apply to the People's Court for enforcement.
Article 28 Anyone who approves construction land and relocation without authorization shall be corrected by the competent department of the Municipal People's Government and ordered to compensate for all economic losses caused thereby.
If the municipal people's government abuses its power and indiscriminately approves construction land and relocation, causing losses, the municipal people's government shall be responsible for correcting the problem and order the approval authority to compensate for all losses.
Article 29: Anyone who takes advantage of his authority to practice favoritism, accept bribes, or extort money during the demolition, resettlement and compensation work will be subject to administrative sanctions by his or her unit or the superior department, depending on the severity of the case. Anyone who violates criminal laws will be held criminally responsible by the judicial authorities.
Housing acquired through illegal means shall be confiscated by the municipal demolition department.
Article 30: Anyone who makes unreasonable troubles during relocation, resettlement, and compensation work, obstructs relocation staff from performing official duties, robs state property, damages construction projects, and refuses to listen to dissuasion shall be dealt with by the public security organs in accordance with the law. If a house is occupied by force, the construction unit shall report it to the municipal demolition department for approval and then work with relevant departments to forcibly move it out.
Article 31 Disputes arising during demolition, resettlement and compensation shall be mediated and adjudicated by the municipal relocation authority. If the parties concerned are dissatisfied with the ruling, they may file a lawsuit in the People's Court.
Chapter 6 Supplementary Provisions
Article 32 Urban construction relocation, resettlement and compensation work outside the urban planning area shall be implemented with reference to these regulations.
Article 33 The Municipal People’s Government is responsible for the implementation of these Regulations.
Article 34 These Regulations shall come into effect on January 1, 1990.
(Adopted at the 34th meeting of the Standing Committee of the 11th People's Congress of Fushun City on August 29, 1997, the third meeting of the Standing Committee of the 8th Liaoning Provincial People's Congress on September 27, 1997 Approved at the 10th meeting)
The 34th meeting of the Standing Committee of the Eleventh People's Congress of Fushun City reviewed the "Interim Regulations on the Management of Urban Construction and Relocation of Fushun City". "Amendment to the Interim Regulations (Draft)", it was decided to make the following amendments to the "Fushun City Interim Regulations on Urban Construction and Relocation Management":
The first paragraph of Article 4 is modified to read: The municipal people's government's demolition and relocation authorities shall comply with these regulations. Manage and supervise urban construction, demolition, resettlement and compensation work.
This decision shall come into effect from the date of promulgation.