Documents of Suzhou Municipal People's Government
SuFuBan [2002] No. 103
Notice on the Issuance of Measures for the Implementation of the Regulations on the Management of House Demolitions and Relocations in Suzhou City
The districts and people's governments, the management committees of the Suzhou Sub-Industrial Park and the Suzhou Hi-Tech Park; the city's commissions and offices (bureaus/corporations), and all directly subordinate units:
The Suzhou Coin City. City housing demolition and relocation management regulations" implementation measures issued to you, please conscientiously implement.
"Suzhou City, urban housing demolition and relocation management regulations" implementation measures
"Suzhou City, urban housing demolition and relocation management regulations" (hereinafter referred to as "City Ordinance") has been the 36th meeting of the Standing Committee of the Municipal People's Congress by the Provincial People's Congress Standing Committee of the 31st meeting of the approval of the November 5, 2002 shall come into force. In order to correctly understand and apply the "City Ordinance", standardize the demolition and relocation of behavior and unified operational methods, specially formulated for the implementation of this approach.
First, on the commissioning of the management of the division of labor and approval procedures
(a) Suzhou Municipal People's Government Urban Housing Demolition and Relocation Management Office (hereinafter referred to as the Municipal Demolition and Relocation Office) commissioned by the Municipal Bureau of Urban Housing Demolition of the city's urban housing supervision and management; Wuzhong District, Xiangcheng District, the Municipal Bureau of Construction commissioned by the Municipal Bureau of Urban Housing Demolition and Relocation supervision and management of urban housing demolition and relocation of the work of the district. Entrusted by the unit, may not be entrusted to other units to exercise demolition and relocation management functions.
(B) the entrusted unit in the approval of demolition permits, announcements, rulings, administrative penalties, should be sent together with the approved documents and information to the municipal demolition office for review. Municipal demolition and relocation office review and report to the Municipal Construction Bureau for approval.
Second, demolition permits, stop notices and other approval procedures
(a) demolition and relocation of the management department of the application for demolition and relocation of matters for review, according to the form of subsection review.
1. When the applicant to provide "City Ordinance" Article 6, paragraph 2, paragraph 2 documents, by the demolition of the management department in conjunction with the applicant of the planning of the red line scope of the survey to determine the scope of demolition and relocation. On-site survey should be made survey opinion.
2. Survey to determine the scope of demolition, demolition and relocation management should be notified in writing of the assessment and other work, so that the applicant to prepare funds. Housing and the development of practical demolition plans and programs.
3. After the applicant to provide all the documents and information, the demolition and relocation management should be in the "Municipal Ordinance" review period to complete the review, the review should be around the situation and the feasibility of demolition plans and programs to carry out.
(2) "City Ordinance" Article VII provides that "the scope of demolition and relocation of determined" refers to the date of issuance of demolition and relocation permits. Demolition and relocation management should be folded over the project acceptance, within 15 working 7 written notice to the relevant departments of industry and commerce, planning, housing management, land and other relevant departments in a timely manner for unfreezing procedures.
Third, other management issues
After the end of the demolition project, the demolition and relocation of the demolition and relocation of the implementation of the unit shall promptly notify the demolition and relocation of the management of the demolition and relocation of the management of the department for review and acceptance. After the acceptance, the demolition and relocation management department shall make the acceptance list. Failure of acceptance, the demolition and relocation management department shall instruct the demolition and relocation of the demolition and relocation of the implementation of the unit in a timely manner to rectify, there are illegal acts, upon investigation, shall be punished according to law.
Fourth, the form of compensation and the signing of the relevant demolition and relocation agreement
(a) directly managed public housing by the real estate management bureau and the tenant to terminate the lease. Demolition of the tenant with the tenant's withdrawal of formalities, respectively, with the Real Estate Administration and the tenant signed a monetary compensation and resettlement agreement. Unit houses and private houses need to consult the opinion of the demolished person beforehand.
(b) the demolition of the housing provided by the demolition as a property rights exchange housing, in addition to this not for property rights exchange. Choose the property right exchange, the demolition of the demolition and the demolished shall sign the agreement on property right exchange.
(C) the refractor in the delivery of property rights exchange house, must provide the demolished person with proof of registration of housing ownership, state-owned land use right certificate, state-owned land use right transfer contract, residential quality assurance, residential instruction manual of the original
and a copy of the demolition license.
If the second-hand house is used for property right exchange, the original house ownership certificate and state-owned land use right certificate must be provided to the evicted person.
(d) If the demolished person with lease relationship chooses monetary compensation, he must provide the demolition pedant with the proof that the lease relationship has been terminated, or the contract of resettling the tenant separately before signing the monetary compensation agreement with the demolition pedant.
(E) units leased directly managed public housing allocated to employees to live and did not change the name of the household, the demolition of pedants according to the original tenant units issued by the allocation of proof and delineation of the allocation of the area of each household, to determine the new tenant, and signed with them the agreement on monetary compensation.
Units renting directly managed non-residential housing allocated to employees to live (including the unit's own non-residential housing), according to the confirmation of residential housing. Employees get to live in a separate store business, defined in accordance with the provisions of Article 24 of the City Ordinance.
(F) direct management of public housing tenant death did not change the tenant's household name, may be living with the spouse with proof of household registration and the demolition of the signing of the monetary compensation agreement. If the spouse does not live with the tenant or is also dead, the children who live with the tenant may sign a monetary compensation agreement with the demolisher with the proof of household registration and the issuance of a written statement. After the death of the tenant, if there is no family member living with the tenant or if the transfer has not changed the household name, the tenant must first apply for a change of the household name at the housing management department. The demolished person with the change of formalities and the demolition of the signing of the agreement on monetary compensation.
V. Definition of the use of the demolished house and the area identified
(a) public welfare housing. Municipal Ordinance, Article 27 of the public welfare housing refers to not for profit for the purpose of culture, education and health, as well as social public **** welfare non-productive business premises. Does not include private.
Public utility housing in the implementation of monetary compensation, according to its location in the residential housing demolition calculation method of settlement. If the implementation of off-site reconstruction, when the newly built house and the demolished house appear different structure, the demolition and the demolished should be based on the price of rebirth to settle the structural difference. Demolished people need to exceed the original scale of construction
construction, the cost of the exceeding part of the market price borne by the demolished people.
(2) "City Ordinance" Article 24 of the residential converted to non-residential use, refers to have actually opened for business use. For only change procedures, never actually opened for business or has been out of business for more than six months, not recognized as non-residential (based on the business tax bill).
(3) "City Ordinance" Article 24, paragraph 2, non-commercial premises converted to commercial premises for self-employment or rental business reference standards: self-employment business, the business part of the legal building area recorded in the certificate of ownership of the house, and has been for the change of use of land use right procedures, business licenses and tax registration certificates, and other valid approval documents. Rental business, but also need to provide housing rental license, land use right to rent license before you can identify.
(D) the area of the change of housing use:
l self-employment business, the area of land use change to confirm the business area.
If the floor is also true for business premises, the actual measurement shall prevail.
2. Rental business and public housing directly under the management of the original tenant business, the area approved by the housing lease license.
3. Change the area or approved area is significantly larger than the actual business area, the actual business area.
(E) commercial premises and non-commercial premises are categorized in detail in the following table:
Nature of use - the nature of the unit - description
Commercial
Commercial: food, beverages, tobacco, daily necessities , textiles, clothing, shoes and hats, daily groceries, hardware, communication and electricity, chemicals, drugs, medical equipment, books and newspapers, furniture, petroleum products, automobiles, motorcycles and their parts, coal, computers and software, office equipment, jewelry, production materials, and other wholesale and retail industry storefronts
Finance and insurance: refers to all types of banks, credit unions, trust companies, stock exchanges, securities companies, insurance companies, Financial leasing company business parts
Entertainment: refers to dance halls, electronic game halls, amusement parks (field), nightclubs and other entertainment venues
Catering: refers to restaurants, hotels, restaurants, fast-food restaurants, snack stores (store), cold drink stores, teahouses, etc.
Services: refers to the hairdressing and beauty make-up industry, showers, dyeing and washing, photography and printing industry, nurseries, daily necessities, repairs, housekeeping services, and other industries. Repair industry, domestic service industry, funeral industry, engraving, printing business cards, tanning, photocopying, goodwill writing, hotel industry (all kinds of hotels, inns, guesthouses, coach stores), leasing services, travel services and other business stores
Non-commercial
Industry, warehousing: industry refers to all kinds of factories, workshops, handicraft workshops, etc., including: food processing manufacturing industry, beverage manufacturing industry, tobacco Processing industry, textile industry, clothing and other fiber products manufacturing, leather, fur, down and its products manufacturing, wood processing and bamboo, rattan, palm, grass products industry, furniture manufacturing, paper and paper products industry, printing, record media reproduction, education and sporting goods manufacturing, petroleum processing and coking industry, chemical materials and chemical products manufacturing, pharmaceutical manufacturing, chemical fiber manufacturing, rubber products industry, non-metallic minerals and minerals, plastic products industry, non-metallic minerals and minerals manufacturing, chemical fiber manufacturing, rubber products industry, rubber products, plastic products industry, non-metallic minerals and minerals industry. Plastic products industry, non-metallic mineral products industry, metal smelting and rolling processing industry, metal products industry, various types of machinery and equipment manufacturing, weapons and ammunition manufacturing, instrumentation industry table manufacturing industry warehousing refers to national or local warehousing, transit, foreign trade, supply and other kinds of warehouses, oil depots, material factories, etc.
Office: office buildings, non-business premises
Other: the above not Including the nature of non-residential use
Six, the completion of less than five years of residential identification standards:
(a) the whole building for multi-storey residential and enterprise and public institutions to build residential units to the date of completion and acceptance of the date of calculation.
(B) urban residents to build residential construction license issued by the date of official completion date.
(C) has been expropriated for state-owned land on the original collective land built on the residence, the demolished person can provide the original completion and acceptance of the bill, to the date of completion and acceptance of the bill shall prevail; demolished person can not provide the original completion and acceptance of the bill, to the original location of the People's
Government issued by the construction of the building approved the date of the construction of the period of six months for the official date of completion.
(d) The 10% increase in the amount of monetary compensation refers to 10% of the total amount of the appraisal (referring to the legal area of the house alone).
Seventh, the landless team residents of the house owner and the area identified
has been legally expropriated as state-owned land for the original collective land built on the house, the original location of the people's government building approval or construction project planning permit to identify the owner and construction area; land use area to the residence base certificate or the local people's government approved the area of the land identified.
Eight, the principle of compensation and resettlement of households in difficult living conditions
"City Ordinance" Twenty. Article not less than the original housing area is the lower limit of the provisions of the actual settlement should be realistic, give full consideration to the following principles:
(a) limited solution to the housing difficulties. The so-called limited refers to the original area on the basis of the appropriate solution to the housing difficulties. Therefore, the demolition and relocation of people should be excluded from the household registration of people who do not live within (including the rental of other people's housing to live).
(b) resettlement housing available non-integrated suite, but the value of resettlement housing shall not be less than the monetary compensation due to the demolished person.
IX, the demolished person (tenant) to buy a house deed tax and certification issues
(a) the demolished person property rights exchange or monetary compensation for the purchase of their own house, the value of its exchange or self-purchase of the house value and the value of the original area of the house to be demolished and relocated to the assessment of the part of the value of the deed tax equal to the original area of the house (based on the assessment of the total amount of tax exempted. If the value exceeds the equivalent value, the full amount will be levied.
(2) The demolished person can declare tax at the Municipal Deed Tax Administration Office with the demolition agreement, tax declaration notice, copy of demolition license, purchase contract, invoice and other materials.
X. Other related issues
(a) The City Ordinance provides that the deadline for the relevant procedures are working
days.
(b) "City Ordinance" in Article 32 of the relocation period stipulated in the early relocation, refers to the demolition and relocation of the demolition site announced by the early relocation period.
(C) the county-level cities can refer to the implementation of this approach, or according to the local situation to develop a separate method of implementation.
(D) This approach since November 1, 2002 shall come into force.
(E) "City Ordinance" and the implementation of these measures has been approved before the demolition project, still in accordance with the original provisions of the implementation of the November 30, 2001 Suzhou Municipal People's Government issued on the implementation of the "Urban Housing Demolition and Relocation Management Ordinance" on the implementation of a number of views on the notice (Su Fu No. document) is repealed at the same time.
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