Chapter II Demolition Management
Chapter III Compensation and Resettlement for Demolition
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Adopted at the eighth executive meeting of the Municipal People's Government on September 2, 2004, is hereby promulgated and shall come into force as of the date of promulgation.
Press release issued on 6 September 2004
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 Measures are formulated in accordance with the provisions of the Regulations on the Administration of Urban House Demolition in the State Council and the Regulations on the Administration of Urban House Demolition in Henan Province, and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality and the need for compensation and resettlement for the demolished people.
Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old districts, the improvement of ecological environment and the protection of cultural relics and historic sites.
Fourth people should be taken in accordance with the provisions of these measures, to be taken to give compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.
The term "demolition" as mentioned in these Measures refers to the unit that has obtained the permit for house demolition.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
The term "lessee" as mentioned in these Measures refers to a citizen, legal person or other organization that has a legal lease relationship with the person being taken.
The term "demolition unit" as mentioned in these Measures refers to the unit that has obtained the qualification certificate of house demolition according to law, accepted the entrustment of the demolition, mobilized the demolition, organized the signing and implementation of the demolition compensation and resettlement agreement, and organized the house demolition.
Fifth city housing demolition management department is responsible for the supervision and management of housing demolition in urban planning area; Provide business guidance to the management of urban house demolition in counties (cities).
The municipal people's government development and reform, planning, land and resources, public security and other administrative departments in accordance with the provisions of relevant laws and regulations, in accordance with their respective responsibilities, cooperate with each other to ensure the smooth progress of urban housing demolition management.
Sixth city housing demolition management agencies (hereinafter referred to as the demolition management agencies), under the leadership of the city housing demolition management department, specifically responsible for the daily work of city housing demolition management.
The main responsibilities of the seventh city housing demolition management department and its demolition management institutions include:
(a) responsible for the publicity and implementation of laws, regulations and policies related to the management of house demolition;
(two) to formulate specific measures for the management of urban housing demolition in this Municipality, and to supervise, inspect, manage and guide the demolition activities;
(three) the qualification examination of the demolition unit;
(four) to accept the application for demolition, review the demolition plan and compensation and resettlement plan, issue the house demolition permit, issue the demolition notice, and supervise and manage the use of compensation and resettlement funds for demolition;
(five) the supervision and evaluation institutions of the demolition of houses and exchange of housing evaluation activities;
(6) adjudicating disputes over compensation and resettlement for house demolition according to law;
(seven) to investigate and deal with illegal acts in urban housing demolition activities.
Chapter II Demolition Management
Eighth housing demolition permit system. Without obtaining the permit for house demolition, no demolition shall be carried out.
Article 9 To apply for a house demolition permit, the following materials shall be submitted to the municipal house demolition management department:
(a) the approval document of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.
Tenth city housing demolition management department shall, within thirty days from the date of accepting the application, issue a housing demolition permit to the applicant who meets the following conditions:
(a) the information submitted is complete, legal and effective;
(two) the scope of the application for demolition is consistent with the approved scope of the project land;
(three) the demolition compensation and resettlement funds in place in full;
(four) the demolition plan and the demolition plan comply with the provisions of these measures.
Eleventh city housing demolition management department shall, within five days from the date of issuing the housing demolition permit, announce the demolition, demolition scope, demolition period and other matters specified in the housing demolition permit in the form of announcement.
In the process of demolition, the demolition person shall publicize the demolition permit, demolition workflow, demolition implementation unit and evaluation unit and their staff list within the scope of demolition.
City housing demolition management department and its demolition management institutions, demolition and demolition units shall promptly publicize and explain the work to the demolition.
Twelfth people should be taken in the demolition of housing demolition permit to determine the scope and duration of the implementation of housing demolition.
Need to extend the demolition period, the demolition should be fifteen days before the expiration of the demolition period, submit a written application to the municipal housing demolition management department; City housing demolition management department shall give a written reply within ten days from the date of receiving the application for extension of demolition.
Approved to extend the demolition period, the municipal housing demolition management department shall publish the relevant contents of the changed housing demolition permit.
Thirteenth people can take their own demolition, demolition can also be entrusted.
The entrusted demolition unit must have the qualification certificate for house demolition issued by the provincial construction administrative department. Demolition of their own demolition, should be carried out before the demolition of relevant business knowledge training and assessment.
Temporary institutions such as the engineering headquarters, the municipal housing demolition management department and the demolition management institution shall not be taken as residents, nor shall they be entrusted to carry out the demolition.
Article 14 Where a dismantler entrusts a dismantlement, he shall issue a power of attorney to the entrusted dismantlement unit and sign a dismantlement entrustment contract. The demolisher shall, within fifteen days from the date of conclusion of the demolition entrustment contract, report the demolition entrustment contract to the municipal housing demolition management department for the record.
The entrusted demolition unit shall not transfer the demolition business.
Fifteenth since the date of the demolition announcement, the following activities shall not be carried out within the scope of demolition:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(3) lease or transfer the house.
City housing demolition management department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The maximum suspension period shall not exceed twelve months; If the demolition needs to extend the suspension period, it must be approved by the housing demolition management department, and the extension of the suspension period shall not exceed twelve months.
Article 16 After the announcement of demolition, the demolisher and the demolished shall, in accordance with the provisions of these Measures, conclude a demolition compensation and resettlement agreement on the compensation method and amount, the area and location of resettlement houses, the relocation period, the transition method and transition period of relocation, the liability for breach of contract, the dispute settlement method and other matters that the parties think need to be agreed.
If the leased house is demolished, the demolisher shall conclude a demolition compensation and resettlement agreement with the demolished person and the lessee in accordance with the provisions of the preceding paragraph.
The demonstration text of the demolition compensation and resettlement agreement is drawn up by the municipal housing demolition management department for the reference of the demolition parties.
Seventeenth city housing demolition management department of housing demolition, demolition compensation and resettlement agreement must be notarized by a notary public, and save the evidence.
Eighteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or the lessee refuses to move within the relocation period, the demolished 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.
Nineteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the municipal housing demolition management department ruled. Housing demolition management department is the demolition, ruled by the Municipal People's government. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the award, he may bring a lawsuit to the people's court within three months from the date of service of the award. In accordance with the provisions of these measures, the demolition has given monetary compensation to the demolition or provided resettlement houses and revolving houses, and the implementation of demolition will not be stopped during the litigation.
Article 20 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the Municipal People's Government shall, after holding a hearing, instruct the relevant departments to carry out compulsory relocation, or the municipal house demolition management department 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-first demolition involves military facilities, churches, temples, cultural relics, ancient and famous trees, in accordance with the provisions of relevant laws and regulations.
Twenty-second demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the municipal housing demolition management department for examination and approval before the implementation of demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Twenty-third construction projects that have not yet completed the demolition compensation and resettlement shall be approved by the municipal housing demolition management department. After the transfer, the relevant rights and obligations in the original demolition compensation and resettlement agreement will be transferred to the transferee. 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 residents in the agreed or ruled relocation period, not to be taken or the lessee to stop water supply, power supply, gas supply, heating, not forced demolition of houses.
The demolisher shall not illegally collect various fees from the demolished person, and shall not collect or intercept various fees from the demolished person for other units.
Twenty-fifth demolition compensation and resettlement funds shall be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
Demolition should be in the financial institutions for deposit business to open a special account for demolition compensation and resettlement funds, in accordance with the provisions of the demolition compensation and resettlement funds, and ensure that the demolition of the full deposit on time.
City housing demolition management department and demolition, financial institutions to open a special account for demolition compensation and resettlement funds, should be signed with * * * demolition compensation and resettlement funds use supervision agreement; Financial institutions must allocate funds after receiving the notice from the house demolition management department.
Twenty-sixth demolition of houses should be civilized construction. The construction site shall take necessary safety measures to prevent dust and noise pollution and keep the environment clean and tidy.
Twenty-seventh after the completion of the demolition, the demolition should be timely to the city housing demolition management department for acceptance. City housing demolition management department shall organize the acceptance according to the contents determined by the housing demolition permit.
Twenty-eighth city housing demolition management departments should establish and improve the demolition file management system, complete and timely collection, sorting and storage of relevant files formed in the process of demolition.
Twenty-ninth public security, education, public utilities, electric power and other departments should promptly handle and arrange household registration transfer, children transfer, housing property rights procedures and water and electricity consumption.
Chapter III Compensation and Resettlement for Demolition
Thirtieth people should be taken in accordance with the law to be taken compensation.
Demolition of illegal buildings, temporary buildings exceeding the approved period and temporary buildings that should be unconditionally demolished when planning adjustment is approved, without compensation; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the replacement construction area combined with the remaining period into a new price.
Thirty-first demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. Unless otherwise stipulated by the state, the demolished person can choose the compensation method.
Housing demolition shall not implement different compensation and resettlement standards due to different construction projects, engineering properties and people being demolished.
Thirty-second monetary compensation for the demolished houses shall be determined according to the assessed price of the real estate market. The appraisal price of the real estate market is determined by the institution that has obtained the qualification of national or provincial real estate appraisal, based on the benchmark price of monetary compensation announced by the Municipal People's Government in the last year, combined with the specific location, use, building structure, construction area, development, floor and decoration of the house.
The purpose and construction area of the house to be demolished shall be subject to the records of the house ownership certificate; If the ownership certificate of the house is not recorded, the use of the house shall be subject to the approval document of the construction project planning. If the use of the house is changed with the approval of the relevant departments of the people's government at or above the county level, the actual use shall prevail, and the construction area shall be subject to the actual measurement results of the real estate survey agency.
Evaluation institutions shall abide by the evaluation norms and conduct evaluation in an open, fair and impartial manner.
Thirty-third monetary compensation benchmark price by the municipal housing demolition management department in conjunction with the development and reform, finance, land and resources and other administrative departments to develop, reported to the Municipal People's government for approval before promulgation and implementation. The benchmark price of monetary compensation shall be formulated and published once a year, and a hearing shall be held when major adjustments are made.
Thirty-fourth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 32 of these measures, respectively, to calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.
Thirty-fifth demolition and demolition of the amount of compensation for the demolition of housing consensus, can not assess the demolition of housing.
If the demolition and the demolition are inconsistent in consultation, the price of the house to be demolished shall be evaluated. If both parties choose the same assessment agency, they shall sign an entrustment agreement with each other, and the assessment fee shall be paid by the demolisher. If the demolisher or the demolished person disputes the evaluation results of the evaluation institution, he may entrust other evaluation institutions to re-evaluate, and the evaluation fee shall be paid by the entrusting party. Two evaluation results in the province within the prescribed error range, the implementation of the original evaluation results; The evaluation results exceed the error range stipulated by the province, and the parties involved in the demolition can solve it through consultation; If the negotiation fails, the municipal housing demolition management department shall organize the evaluation experts to make a ruling on the evaluation results upon the application of the parties.
If the demolisher and the demolished person choose the assessment institution respectively, they shall sign an entrustment agreement and bear the assessment expenses respectively. Two evaluation results within the scope of the province's provisions of the error, the implementation of the assessment results entrusted by the demolition; The two evaluation results are beyond the error range stipulated by the province, and the parties involved in the demolition can solve them through consultation; If the negotiation fails, the municipal housing demolition management department shall organize the evaluation experts to make a ruling on the evaluation results upon the application of the parties.
Thirty-sixth demolition of public welfare houses, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning; With the approval of the Municipal People's Government, monetary compensation may be given.
Thirty-seventh demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Thirty-eighth people should be taken to the demolition or housing tenant to pay relocation subsidies.
If the demolition and auction house exchange property rights, the demolition parties shall, according to the construction period and other factors, stipulate the transition period in the demolition compensation and resettlement agreement. During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy.
The relocation subsidy and temporary resettlement subsidy standards shall be formulated by the municipal housing demolition management department in conjunction with relevant departments and implemented after being approved by the Municipal People's government.
Thirty-ninth people should pay the relocation fee for telephone, air conditioning, cable TV and other facilities and equipment, as well as the installation fee for gas facilities to the house to be demolished.
Fortieth the demolition shall not extend the transition period without authorization, and the users of the swing space shall vacate the swing space on time.
Due to the responsibility of the demolition to extend the transition period, since the overdue month, the demolition or housing tenant who arranges their own residence will double the temporary resettlement subsidy; The user of the revolving house provided by the demolition shall pay the temporary resettlement subsidy from the overdue month. Unless otherwise agreed in the demolition compensation and resettlement agreement, such agreement shall prevail.
Forty-first the implementation of property rights exchange, due to the demolition of non residential housing caused by the suspension of production and business, the demolition should be given appropriate compensation. Specific compensation standards and measures shall be formulated by the municipal housing demolition management department in conjunction with relevant departments and implemented after being approved by the Municipal People's government.
Forty-second demolition resettlement housing provided by the demolition must comply with the relevant national quality and safety standards and norms, clear property rights, and abide by the demolition compensation and resettlement agreement.
If it is really necessary to change the planning and design content of the demolition and resettlement housing, the consent of the demolished person must be obtained, and it shall not be lower than the standard agreed in the demolition compensation and resettlement agreement. When the person being taken does not agree, the planning and design content of the house for demolition and resettlement shall not be changed.
Chapter IV Legal Liability
Article 43 in violation of the provisions of these measures, without obtaining the permit for house demolition, the municipal house demolition management department shall, in accordance with the provisions of Article 34 of the State Council's Regulations on the Administration of Urban House Demolition, order it to stop the demolition, give it a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the building area of the house to be demolished.
Article 44 Where a demolisher, in violation of the provisions of these measures, obtains a house demolition permit by deception, the municipal house demolition management department shall revoke his house demolition permit according to the provisions of Article 35 of the Regulations on the Administration of Urban House Demolition in the State Council, and impose a fine of 0% to 3% of the compensation and resettlement funds for the demolition.
Article 45 Where a unit that has not obtained the qualification certificate for house demolition carries out demolition, the municipal house demolition management department shall, according to the provisions of Article 41 of the Regulations on the Management of Urban House Demolition in Henan Province, order it to immediately stop the demolition, confiscate its illegal income and impose a fine of not less than 30,000 yuan but not more than 50,000 yuan; If losses are caused to residents, compensation shall be given.
Article 46. If the demolisher forcibly demolishes the house that the demolished person has not relocated within the agreed or ruled relocation period, and causes losses to the demolished person, he shall make compensation, and the municipal housing demolition management department shall impose a fine of not less than 50,000 yuan but not more than 100,000 yuan according to the provisions of Article 42 of the Regulations on the Management of Urban Housing Demolition in Henan Province.
Demolition of the demolition, housing tenant to stop water supply, power supply, gas supply, heating, by the city housing demolition management department in accordance with the provisions of Article 42 of the "Regulations on the Administration of Urban Housing Demolition in Henan Province", shall be ordered to make immediate corrections, compensation for the demolition losses, and impose a fine of 30,000 yuan to 50,000 yuan on the demolition.
Article 47 If the demolisher fails to pay the compensation and resettlement funds to the demolished person in full and on time, the municipal housing demolition management department shall order him to pay the compensation and resettlement funds in full within a time limit according to the provisions of Article 43 of the Regulations on the Administration of Urban Housing Demolition in Henan Province, and the demolished person in double indemnity shall lose interest on savings during the same period, and be fined 1 10,000 yuan but not more than 50,000 yuan.
Article 48 Where a demolition person arbitrarily changes the planning and design contents of the house for demolition and resettlement, the municipal house demolition management department shall, in accordance with the provisions of Article 45 of the Regulations on the Administration of Urban House Demolition in Henan Province, order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.
Article 49 the demolition, in violation of the provisions of these measures, has one of the following acts, by the city housing demolition management department in accordance with the provisions of Article 36 of the "Regulations on the Administration of Urban Housing Demolition" in the State Council, 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.
Article 50 If the entrusted demolition unit transfers the demolition business in violation of the provisions of these measures, the municipal housing demolition management department shall, in accordance with the provisions of Article 37 of the State Council's Regulations on the Administration of Urban Housing Demolition, order it to make corrections, confiscate its illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract.
Article 51 If the evaluation institution is obviously unfair or fraudulent, its evaluation result is invalid, and the municipal housing demolition management department shall order it to return the evaluation fee and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan according to the provisions of Article 44 of the Regulations on the Management of Urban Housing Demolition in Henan Province.
Article 52 If the punished person refuses to accept the decision on administrative punishment, he may apply for administrative reconsideration or bring a lawsuit to the people's court according to law.
If a party fails to apply for administrative reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Fifty-third city housing demolition management department and housing demolition management agency staff have one of the following acts, the relevant departments shall give administrative sanctions to the directly responsible personnel and their supervisors; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) illegal issuance of housing demolition permits and other approval documents;
(2) Failing to perform the duties of supervision and management after issuing the house demolition permit and other approval documents;
(three) the illegal acceptance of the demolition commission;
(four) illegal announcement of demolition;
(five) the administrative ruling is illegal;
(6) Failing to investigate and deal with illegal acts;
(seven) breach of privilege, corruption, illegal intervention in housing demolition activities;
(eight) there are other dereliction of duty in the management of house demolition, causing serious consequences.
Chapter V Supplementary Provisions
Fifty-fourth in the urban planning area of foreign land for housing demolition, and the need for compensation and resettlement, with reference to these measures.
Fifty-fifth county (city) people's government can refer to these measures to formulate specific measures for the management of urban housing demolition within their respective administrative areas.
Fifty-sixth specific application problems in the implementation of these measures shall be interpreted by the municipal housing demolition management department.
Fifty-seventh before the implementation of these measures, the demolition projects and remaining problems that have received the housing demolition permit shall still be implemented according to the original methods.
Article 58 These Measures shall come into force as of the date of promulgation. 1999 The Measures for the Implementation of the Management of Urban Construction House Demolition in Jiaozuo promulgated by the Municipal People's Government on March 30th shall be abolished at the same time.
Jiaozuo Municipal People's Government
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