Legal objectivity:
Interim Measures for the Administration of Rural Housing Demolition and Resettlement in dongxing city Article 1 In order to strengthen the administration of rural housing demolition and resettlement in our city, ensure the smooth development and construction of our city, and safeguard the legitimate rights and interests of the parties involved in the demolition and resettlement, these measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Implementation Measures of Guangxi Zhuang Autonomous Region and other relevant laws and regulations, combined with the actual situation of this city. Article 2 In the urban planning area of our city, if the rural collective land needs to be requisitioned for development and construction, these Measures shall apply to the demolition of the above-ground buildings and their structures (hereinafter referred to as rural houses) and the compensation and resettlement of the demolished people, except as otherwise provided by major national infrastructure projects. Article 3 The demolition and resettlement work shall follow the guiding ideology of unified planning, unified land acquisition, unified resettlement and unified construction under the guidance of the overall urban planning of dongxing city, and carry out planning and construction in accordance with the principles of compensation according to law, resettlement according to law, synchronization of demolition and resettlement, fairness and openness, marketization and monetization. Article 4 Rural houses refer to legal houses with collective construction land use right certificates. City demolition and resettlement office is responsible for rural housing demolition compensation and resettlement work. Those who have been demolished shall go through the compensation and resettlement procedures at the municipal demolition and resettlement office within the prescribed time limit, and if the demolition and resettlement agreement is signed one day in advance, every household will be rewarded with 5 yuan every day. Fifth rural houses within the scope of demolition, compensation and resettlement with reference to the provisions of these measures. Buildings (structures) built in violation of laws and regulations will not be compensated for the buildings (structures) robbed after the announcement of the demolition plan. Sixth demolition must obey the needs of urban construction planning, according to the location and requirements determined by the demolition and resettlement plan, and complete the demolition within the prescribed time limit. Demolition work can be organized by the Municipal Demolition and Resettlement Office for unified demolition, and can also be taken by the demolished themselves. Seventh city demolition resettlement office and the demolition should be in accordance with the provisions of these measures, signed an agreement on housing demolition, compensation, resettlement and other matters. After the signing of the agreement, the demolition person refuses or delays the demolition without justifiable reasons, and the municipal demolition and resettlement office shall order the demolition within a time limit; If the demolition is not carried out within the time limit, the Municipal People's Government shall organize the relevant departments to force the demolition, and the required expenses shall be deducted from the demolition compensation fee or arrived at work with the expected materials. Eighth after repeated consultations can not reach a demolition agreement, put forward opinions by the municipal demolition resettlement office, reported to the Municipal People's government ruling. If the demolisher refuses to accept the ruling, he may apply for reconsideration to Fangchenggang Municipal People's Government within 6 days from the date of receiving the ruling. During the period of reconsideration, if the Municipal Demolition and Resettlement Office has compensated and resettled the demolished people and provided revolving houses, it will not stop the demolition. Before the implementation of the demolition, the city demolition resettlement office shall handle the relevant evidence preservation procedures for the demolished houses. Ninth the amount of compensation for demolition is calculated according to the new replacement price combined with the construction area of the demolished house, and the materials of the demolished house belong to the demolished person. The compensation standards for demolition (including infrastructure, water, electricity, telephone and other internal facilities) are as follows: 1. The compensation for reinforced concrete structure houses is 35-4 yuan per square meter; 2. The compensation for red brick and wooden houses is 23-28 yuan per square meter; 3, stone, mud brick and wooden house compensation of 2-22 yuan per square meter; 4. The compensation for red bricks, mud bricks and Shi Zhuan houses supporting production and living is 8-12 yuan per square meter, and the compensation for reinforced concrete houses is 15-18 yuan per square meter; 5, water (manure) pool compensation of 8-1 yuan per cubic meter; 6. The fence compensation is 2-4 yuan per square meter; 7. Compensation for wooden buildings is 3-45 yuan per square meter; 8, the original residential housing area, according to the "collective land use certificate" approved area, compensation for 3 yuan per square meter. Tenth in the demolition and reconstruction of housing, the demolition of their own accommodation, according to the demolition of housing construction area per square meter of 3 yuan city, a one-time subsidy for the demolition of temporary resettlement fees; Provided by the city relocation and resettlement office, according to the number of permanent residence registered in the household registration book, each person will be given a one-time subsidy for moving expenses in 5 yuan. Eleventh demolition transition period of 6 to 8 months, agreed by the municipal demolition resettlement office and the demolition in the demolition agreement. Provided by the city demolition resettlement office turnover housing, the transition period residents shall not refuse to return the turnover housing. Twelfth approved by the public security department, belonging to the residents within the scope of the demolition of the permanent agricultural population (including legally married, childbearing population, students in active service, serving a sentence or reeducation through labor of the original agricultural population); After the allocated responsible land is requisitioned, the registered personnel who buy their own household registration but the state has not arranged formal work will arrange 22 square meters of homestead for each person. Under any of the following circumstances, each household can arrange a homestead: (1) both husband and wife and their minor children arrange a homestead; (2) Those who have reached the age of 18 and set up another portal will arrange a homestead. Thirteenth demolition of housing covers an area of more than the resettlement housing, the excess, on the basis of compensation for 3 yuan per square meter to increase the 5 yuan. Fourteenth arrangements for homestead to the planning approval of the area (room) as the standard. The area of the homestead to be resettled shall be settled in 3 yuan per square meter, and the part exceeding the area to be resettled shall be settled according to the following different situations and lots (if facing two streets at the same time, the wide road shall prevail): 1. If facing streets or public facilities over 4 meters (including 4 meters), it shall be settled at 1,8 yuan per square meter; 2, street more than 3 meters (including 3 meters), less than 4 meters of streets, according to 15 yuan per square meter settlement; 3, street more than 2 meters (including 2 meters), less than 3 meters of the street, according to 12 yuan per square meter settlement; 4 street more than 16 meters (including 16 meters) less than 2 meters, according to the settlement of 9 yuan per square meter; 5 street more than 12 meters (including 12 meters) less than 16 meters, according to the settlement of 6 yuan per square meter; 6. Others shall be settled in 5 yuan per square meter. The above is viewed from three sides, with an increase of 1 yuan per square meter. Fifteenth with resettlement conditions and no homestead, according to the actual area of homestead, according to the price of compensation per square meter of 6 yuan; Enjoy the homestead stipulated in these measures, but if the arranged area exceeds the actual arranged area, compensation shall be made at the following price: if the homestead is arranged in front of the street for more than 3 meters (including 3 meters), it shall be implemented at the price in the fifth paragraph of Article 14 of these measures; 2, homestead arrangement in the street more than 2 meters (including 2 meters), 3 meters below, according to the fourteenth paragraph of the price compensation; 3, homestead arrangement in the street more than 16 meters (including 16 meters), less than 2 meters, according to the price of the fourteenth paragraph of these measures for compensation; 4, homestead arrangement in the street below 16 meters, according to the fourteenth paragraph of the price compensation. Article 16 In accordance with the principles of fairness, openness, justice, marketization and monetization, the internal settlement system for homestead allocation shall be implemented, that is, all resettled homesteads shall be evaluated and priced by qualified evaluation agencies, and the price of each homestead shall be specifically determined. Then, according to the number of people resettled, the land price of each person who has the right to resettle is calculated, and then the internal settlement is carried out according to the price of the specific land they resettled. In addition to the part that should be turned over to the government according to the provisions of these measures, the rest will remain within the scope of this resettlement for balance. Seventeenth at the same time holding the "collective construction land use certificate" and household registration book and more than three resettlement households, have the priority to choose. If more than two households choose homestead at the same time, it shall be determined by drawing lots. Hold the "collective land construction land use certificate" of the street demolition and resettlement households, in principle, only arrange a street homestead, the household must obey the demolition and resettlement plan. Eighteenth in any of the following circumstances, no homestead shall be arranged: 1. It has been arranged according to the regulations; 2. Those who moved in after October 1, 199665438 (except those who moved in after marriage). Article 19 In order to take care of the housing and life of the demolished people, the Municipal Relocation Office is responsible for completing the work of "three links and one leveling" of the demolished land (namely, connecting cement roads, running water, outdoor electricity and leveling the site). The relocated households only charge one fee when handling the land use certificate, and the related fees charged by the government at the same level shall not exceed 15 yuan /m2. In the future, enterprises and institutions should give priority to those who have been relocated and resettled under the same conditions when hiring personnel. Twentieth demolition resettlement office shall complete the work of "three links and one leveling" within 1 year from the date of implementation of demolition; The relocated households shall, within 2 years after signing the demolition agreement, complete the housing construction in accordance with the written design approved by the construction administrative department. Otherwise, the municipal administrative department of land and resources and the administrative department of construction shall handle it according to the relevant provisions of urban planning and construction. Twenty-first demolition shall not raise or lower the compensation and resettlement standards without authorization, and shall not expand or narrow the scope of compensation and resettlement without authorization. Article 22 Anyone who coerces, insults or beats the house demolition staff to prevent the house demolition staff from demolishing houses according to law shall be punished by the public security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security, and if the case constitutes a crime, the judicial organ shall investigate the criminal responsibility according to law. Twenty-third demolition staff dereliction of duty, abuse of power, corruption, by the relevant departments to give administrative sanctions, constitute a crime, criminal responsibility shall be investigated by judicial organs according to law. Twenty-fourth approach by the municipal administrative department of land and resources is responsible for the interpretation of. Twenty-fifth demolition and resettlement outside the urban planning area of our city shall be implemented with reference to these measures.