Jilin Province urban housing demolition and relocation management regulations is in order to strengthen the management of urban housing demolition and relocation, safeguard the legitimate rights and interests of the parties involved in the demolition and relocation, to ensure the smooth progress of urban construction, according to the State Council "urban housing demolition and relocation management regulations", combined with the actual situation in Jilin Province, the regulations. In March 28, 2002, the Standing Committee of the Ninth Jilin Provincial People's Congress adopted at its twenty-ninth meeting, March 28, 2002, the Standing Committee of the Ninth Jilin Provincial People's Congress Bulletin No. 87 announced since April 10, 2002 shall come into force.

Article 1 in order to strengthen the management of urban housing demolition and relocation, safeguard the legitimate rights and interests of the parties involved in the demolition and relocation, to ensure the smooth progress of urban construction, according to the State Council, "Urban Housing Demolition and Relocation Management Regulations," in conjunction with the actual situation in this province, the formulation of these regulations.

Article II of the administrative region of the province where the implementation of housing demolition and relocation of state-owned land within the urban planning area, and the need to implement the demolition of compensation, resettlement, the application of these regulations.

Article III of the housing demolition and relocation must be in line with urban planning, is conducive to the transformation of old urban areas and ecological environment improvement, protection of cultural relics and monuments.

Article IV demolition and relocation shall be in accordance with the provisions of these regulations, the demolition and relocation of people to give compensation, resettlement. The demolished and relocated person shall complete the relocation within the agreed relocation period.

The term demolition and relocation of people referred to in these Regulations refers to the units that have obtained a housing demolition and relocation license.

The term "demolished and relocated" in these Regulations refers to the owner of the demolished house.

Article 5 of the provincial construction administrative department of the province's urban housing demolition and relocation supervision and management.

Municipal (state), county (city) people's government is responsible for the management of housing demolition and relocation of departments (hereinafter referred to as the housing demolition and relocation of management departments) to implement supervision and management of urban housing demolition and relocation of work within the administrative area.

The relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the management of urban housing demolition and relocation.

Demolition and relocation management

Article 6 of the housing demolition and relocation of the implementation of demolition and relocation license system. Without obtaining the "housing demolition and relocation license" shall not be carried out demolition.

Article 7 to apply for a "housing demolition and relocation permit", shall apply to the people's government housing demolition and relocation management department at or above the county level of the location of the house to be demolished, and submit the following information:

(a) demolition plan and demolition program;

(b) construction project approval documents;

(c) construction land use planning permit;

(d) state-owned land use rights approval documents;

(c) construction land use planning permit;

(d) state-owned land use rights approval documents. (D) approval documents for the right to use state-owned land;

(E) proof of deposit of the special account of the funds for compensation and resettlement for demolition and relocation issued by the financial institution handling the deposit business.

Article VIII of the demolition plan should include: the scope and mode of demolition, demolition and relocation of the time limit, the start and completion of the project.

Article IX demolition program should include:

(a) the status of the demolished house (the nature of the use of the house, the use of years, property rights belonging to the area, floor, orientation, location, structural form, etc.);

(b) a variety of compensation and subsidies cost estimates;

(c) property rights exchange of housing resettlement standard and location;

(d) Temporary transition and its specific measures.

Article 10 of the demolition compensation and resettlement funds deposits should be not less than the total floor area of the demolished house multiplied by the last year of the same lot, the same nature of the housing real estate market appraisal of the guiding price, the demolition of the house used for property rights exchange can be discounted to account for the house.

Article 11 of the demolition of housing demolition and relocation of compensation and resettlement funds shall be used in full for housing demolition and relocation of compensation and resettlement, shall not be diverted to other uses.

People's governments at or above the county level housing demolition and relocation management department shall strengthen the supervision of the use of funds for compensation and resettlement of demolition and relocation.

Article 12 of the local housing demolition and relocation management department shall, within thirty days from the date of receipt of the application for housing demolition and relocation, meet the conditions, the issuance of "housing demolition and relocation license"; do not meet the conditions, not issued, notify the applicant in writing and explain the reasons.

The scope of demolition and relocation approved by the "Housing Demolition and Relocation Permit" shall not exceed the approved scope of land use planning permit for construction.

Article 13 of the housing demolition and relocation management department in the issuance of "housing demolition and relocation permit" at the same time, the "housing demolition and relocation permit" contained in the demolition of the demolition of people, demolition and relocation of the scope of demolition and relocation of the period of time and other matters, in the form of housing demolition and relocation of the announcement to be published. Demolition and relocation shall promptly inform the announcement of the content of the demolition and relocation.

Article 14 of the demolition can be entrusted to the demolition of housing demolition qualification units to implement the demolition; demolition of housing demolition qualifications can also be demolished by the demolition.

The housing demolition and relocation management department shall not act as a demolition and relocation, and shall not accept the demolition and relocation entrusted.

Article 15 of the housing demolition and relocation staff should be familiar with the laws and regulations on housing demolition and relocation and demolition policy, and have the appropriate professional knowledge of housing demolition and relocation work.

Article 16 of the housing demolition and relocation announcement, the local housing demolition and relocation management department shall provide the demolition, the demolition of more than two qualified real estate appraisal organization to choose; demolition, the demolition of people can also choose other qualified real estate appraisal organization, the demolished house appraisal. The demolition, the demolished person shall make a choice within five days from the date of publication of the announcement of house demolition.

If the demolisher and the demolished person choose the same appraisal organization, *** with the signing of the commissioning agreement, the appraisal cost shall be paid by the demolisher. If the demolisher or the demolished person disputes the appraisal result, he/she may entrust other appraisal organizations with appraisal qualification to re-appraise the appraisal, and the appraisal fee shall be paid by the commissioning party.

If the two assessment results are within the margin of error specified by the province, the original assessment results shall be implemented. If the assessment result exceeds the margin of error specified by the province, the parties involved in the demolition and relocation can negotiate to solve the problem; if the negotiation cannot be solved, upon the application of the parties involved, the housing demolition and relocation management department will organize the assessment experts to adjudicate on the assessment result.

If the demolisher and the person to be demolished choose the appraisal organization separately, the demolisher and the person to be demolished sign the commissioning agreement with the selected appraisal organization, and the appraisal fee is paid by the commissioning party respectively. If the two appraisal results are within the error range stipulated by the province, the appraisal result of the appraisal organization commissioned by the demolished and relocated person shall be implemented. If the results of the two assessments are beyond the margin of error specified by the province, the parties involved in the demolition and relocation can negotiate a settlement; if the negotiation cannot be resolved, upon the application of the parties involved, the housing demolition and relocation management department will organize the assessment of experts to adjudicate on the results of the assessment.

Demolition and relocation of the demolition and the demolished person on the amount of compensation for the demolished house consensus, can not be assessed on the demolished house.

Article 17 in the housing demolition and relocation management department announced the demolition period, the demolition and relocation of the demolition and relocation of the person shall, in accordance with the provisions of these regulations, on the amount of compensation, payment, payment period, resettlement area, resettlement location, relocation period, relocation transition, transition period, breach of contract and the parties believe that need to be clarified, signed the agreement on compensation and relocation of the demolition and relocation of the matter.

Demolition and relocation compensation and resettlement agreement model text by the provincial administrative department of construction uniformly printed. If the housing demolition and relocation management department is the person being demolished and relocated, the people's government at the same level shall adjudicate. The ruling shall be made within thirty days from the date of receipt of the application.

If the parties do not accept the ruling, they may sue the people's court within three months from the date of delivery of the ruling. The demolition of the demolition of the demolished person in accordance with the provisions of these regulations to give monetary compensation or the provision of resettlement housing, turnover housing, the litigation period does not stop the demolition of the implementation of the demolition.

Article 19 of the demolition in the housing demolition management department announced the demolition period shall not be relocated to the demolished person or housing tenant to implement the stopping of water supply, electricity, heat and gas supply and other disruptions to normal production and life.

Article 20 of the demolished person shall not damage, demolish the demolished house of public facilities.

Article 21 after the signing of the demolition compensation and resettlement agreement, the demolition shall be demolished and relocated housing land use right certificate, building ownership certificate uniformly surrendered back to the relevant departments and cancel the registration. Belonging to the public housing, the house owner shall unify the housing lease certificate back and cancel the registration.

Article 22 of the demolition of houses in the demolition shall be organized in a timely manner and proper storage of demolition archives, in the completion of the demolition within thirty days after the transfer of demolition archives to the local housing demolition and relocation management department.

Article 23 of the housing demolition and relocation of the implementation of statistical reporting system, the demolition and relocation of housing demolition and relocation of the demolition and relocation of statistical forms should be filled out on a regular basis to the housing demolition and relocation of the management department.

Compensation and resettlement

Article 24 of the housing demolition and relocation can be implemented monetary compensation, can also be implemented in exchange for property rights.

Housing demolition and relocation shall not be due to the different construction projects, the implementation of different compensation and resettlement standards for the evicted.

Unless otherwise provided by the state, the demolished person shall have the right to choose the method of compensation.

If the demolished lot is used for the construction of similar commercial housing, the demolished person who chooses monetary compensation has the right of first refusal for similar commercial housing on the original lot.

Article 25 of the monetary compensation amount by the real estate appraisal institutions in accordance with the issuance of "housing demolition license" when the local people's government announced the real estate market appraisal of the guide price, combined with the demolished house lot, use, floor area, floor, orientation, decoration, environment, supporting facilities and other factors to determine.

Article 26 The people's governments of cities (states) and counties (cities) shall, in accordance with the principles and methods for formulating the real estate market appraisal guide price determined by the competent price department of the provincial people's government in conjunction with the competent department of the provincial administrative department of construction, formulate and publish once a year a real estate market appraisal guide price for the different districts of the local area.

Before the real estate market assessment guide price is set, the price department of the local people's government shall hold a hearing.

Article 27 of the building area of the demolished house and the determination of the use of the house, to the housing management department issued by the housing ownership certificate marked area and use shall prevail; housing ownership certificate is not marked, to the property registration card marked area and use shall prevail.

Article 28 The demolished person chooses the property right exchange, the right to request the demolition of the house provided by the resettlement of the building area is not less than the building area of the demolished house. The demolisher and the demolished person shall settle the difference in the price of the property right exchange in accordance with the amount of compensation for the demolished house and the price of the resettlement house provided.

Article 29 for the demolition and resettlement of housing, must comply with relevant laws and regulations, in line with relevant technical and quality standards.

Article 30 of the construction administration department in the review of construction drawings and design documents, found that the demolition and resettlement of the layout of the house, the facilities are not reasonably designed to the detriment of the interests of the people being demolished and relocated, it shall be put forward in writing by the housing demolition and relocation of the management department to supervise the modification. Demolition shall not change the modified design without authorization.

Article 31 of the demolished house in the demolition notice within the demolition of one of the following circumstances, by the demolition of compensation, resettlement program, reported to the housing demolition management department for approval, and to the notary public for the preservation of evidence to carry out the demolition:

(a) property rights or the right to use the dispute has not yet been resolved;

(b) property rights of the whereabouts of the person is unknown;

(C) housing **** someone can not negotiate to reach an agreement.

Article 32 of the demolition of the demolition of the demolished person to buy or build the house enjoys the state or unit subsidies, the demolition of the demolition of the person in accordance with the proportion of the investment of the parties concerned to give compensation respectively.

Article 33 of the demolition of the demolition of especially difficult to live, and unable to solve their own housing demolition of people must be properly resettled. Specific standards and methods developed by the local people's government.

Article 34 of the demolition of leased housing, the demolished person and the tenant of the house to terminate the lease, or the demolished person to the tenant of the house for resettlement, the demolition of the demolition of the demolition of the person to be compensated.

The demolished person and the tenant of the house on the termination of the lease relationship does not reach an agreement, the demolition shall be implemented on the demolished person of the house property rights exchange. Property rights exchange of housing by the original tenant, the demolished person shall re-enter the housing lease contract with the tenant.

The demolished residential housing belongs to the direct management of the housing or unit management of public housing (including non-complete suite), the lessee enjoys the right to purchase housing reform policy. After the lessee pays the purchase price calculated according to the housing reform policy to the owner, the demolisher compensates and resettles the lessee in accordance with the provisions of these regulations.

Article 35 of the demolition and relocation of the demolition shall be paid to the demolished person or the tenant of the house relocation subsidies.

The standards of the relocation subsidy, heating subsidy and temporary resettlement subsidy shall be prescribed by the local people's government.

Article 36 The demolisher and the demolished person shall abide by the agreement on the transition period. The demolisher shall not extend the transition period without authorization; if the demolisher provides swing space, the user of the swing space shall return the swing space on time.

Article 38 of the demolition of non-residential housing caused by the cessation of production, business caused by economic losses, the demolition of the demolition of the appropriate compensation to the demolished.

Article 39 demolition of illegal structures and temporary buildings exceeding the approved period shall not be compensated; demolition of temporary buildings not exceeding the approved period shall be given appropriate compensation.

Legal Liability

Article 40 violation of the provisions of these Regulations, one of the following acts, the housing demolition and relocation management department ordered to stop the demolition and relocation, and give a warning, and may impose a fine of more than one percent of the funds for compensation and resettlement of the demolition and relocation of one percent or less than three percent of the funds; the circumstances are serious, the cancellation of the "housing demolition and relocation license":

(a) failure to "housing demolition and relocation license" to determine the scope of demolition and relocation of the implementation of housing demolition and relocation. Demolition and relocation of housing demolition and relocation is not carried out in accordance with the scope of demolition and relocation license;

(B) entrusted to implement the demolition and relocation of units not qualified for demolition and relocation;

(C) unauthorized extension of the deadline for demolition and relocation.

Article 41 violation of the provisions of these Regulations, one of the following acts, the housing demolition and relocation management department shall be punished:

(a) without obtaining the "housing demolition and relocation permit" to carry out the demolition and relocation, ordered to stop the demolition and relocation, and give a warning, and has been demolished and relocated the housing floor area of more than twenty per square meter than a fine of less than fifty yuan;

(b) by deceptive means Obtained the "housing demolition and relocation license", revocation of the "housing demolition and relocation license", and impose demolition compensation and resettlement funds of one percent or more than three percent of the following fine;

(c) accept the entrusted demolition and relocation unit unauthorized transfer of demolition and relocation business, and ordered to correct, confiscate the illegal income, and impose a contractual agreement on demolition and relocation of service fees of more than twenty-five percent or less than fifty percent of the fine.

Article 42 of the real estate appraisal institutions not in accordance with the norms of real estate appraisal of demolished houses, the provincial administrative department of construction can give a warning, reduce the qualification level of punishment; the circumstances are serious, you can cancel the qualification of real estate appraisal institutions.

Article 43 of the housing demolition and relocation of illegal acts should be given administrative penalties according to law, the local housing demolition and relocation of the management department does not penalize, the higher housing demolition and relocation of the management department can be ordered to give the penalty; still do not make a decision on the administrative penalties, the higher housing demolition and relocation of the management department can be directly on the violation of the decision on the administrative penalties.

Article 44 of the housing demolition and relocation management department and its staff in violation of the provisions of these regulations, one of the following acts, by the unit or a higher competent authority directly responsible for the competent person or other responsible persons to give administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility:

(a) violation of the provisions of the issuance of "housing demolition and relocation permit" and other approval documents

(b) the issuance of "housing demolition and relocation permits" and other approval documents do not fulfill the supervision and management responsibilities;

(c) housing demolition and relocation of illegal acts are not investigated and dealt with;

(d) abuse of power, unlawful interference in the activities of housing demolition and relocation of favoritism and malpractice.

Appendices

Article 45 in the urban planning area on foreign-owned land to implement housing demolition and relocation, and the need for compensation and resettlement of the demolished, with reference to the implementation of these Regulations.

Article 46 of these regulations shall come into force on April 10, 2002. May 10, 1992, Jilin Province, the seventh session of the Standing Committee of the People's Congress promulgated the "Jilin Province, urban housing demolition and resettlement regulations" shall be repealed at the same time.