(Announcement No.3 of the Standing Committee of Haikou Municipal People's Congress) The Measures for the Administration of Urban Housing Demolition in Haikou City was adopted at the 8th meeting of the 12th Haikou Municipal People's Congress on June 23rd, 1999, and was deliberated and adopted at the 8th meeting of the Standing Committee of the 2nd Hainan Provincial People's Congress on July 30th, 1999. It is hereby promulgated and shall come into force as of the date of promulgation. Haikou Municipal People's Congress Standing Committee,1August 999 12. )

Chapter I General Provisions

Article 1 In order to strengthen the management of house demolition in this Municipality, ensure the smooth progress of urban construction, and protect the legitimate rights and interests of the parties involved in demolition, these Measures are formulated in accordance with the relevant laws and regulations of the State and the actual situation of this Municipality.

Article 2 These Measures shall apply to the demolition of houses and their appendages due to urban construction on the state-owned land under the jurisdiction of this Municipality.

If the houses occupied by farmers on collective land need to be demolished due to urban construction, the land acquisition procedures shall be handled according to law.

Where laws and regulations provide otherwise for the demolition of military facilities, churches, temples, cultural relics and historical sites, and houses of overseas Chinese, compatriots from Hong Kong, Macao and Taiwan and foreigners, such provisions shall prevail.

Article 3 The term "demolisher" as mentioned in these Measures refers to the construction unit or individual who has obtained the house demolition permit according to law.

The term "demolished person" as mentioned in these Measures refers to the owner of the demolished house (including the custodian and manager of the state-owned house and its appendages authorized by the state) and the user.

Fourth house demolition must conform to the urban planning, which is conducive to the transformation of the old city and the improvement and improvement of citizens' living conditions and living environment.

Fifth housing demolition should follow the principle of compensation before relocation, resettlement before demolition.

Sixth residents must go through the demolition procedures in accordance with these measures, and give reasonable compensation and resettlement to the residents; People who have been demolished must obey the needs of urban construction and complete the relocation within the prescribed time limit.

Article 7 The municipal administrative department of urban construction (hereinafter referred to as the municipal administrative department of urban construction) is in charge of the house demolition work in this Municipality. The municipal competent department of urban construction may entrust the legally established house demolition affairs management institution to implement these measures.

People's governments at all levels and relevant departments should cooperate with each other to ensure the smooth progress of house demolition.

Measures for the Administration of Urban House Demolition in Haikou Chapter II Demolition Management

Eighth units or individuals need to demolish houses and their appendages, shall apply to the municipal competent department of urban construction, and meet the following conditions and submit relevant documents and materials:

(a) the demolition application;

(two) the approval documents of the construction project (including the project approval, site selection opinions, construction land planning permit, land approval and red line map);

(three) with no less than 80% of the demolition compensation and resettlement funds;

(4) Resettlement houses with legal property rights and qualified construction quality or revolving houses with basic living facilities;

(five) the demolition plan and demolition plan.

Units or individuals applying for the demolition of their own houses shall submit the construction project planning permit, land use certificate and ownership certificate of the demolished houses, or other legal ownership certificates confirmed by the real estate authorities.

Article 9 The urban construction department shall issue the House Demolition Permit within 15 days from the date of receiving all relevant valid documents and materials of the demolition; If it is not issued, it shall explain the reasons in writing.

If the demolition is not mobilized within three months from the date of receiving the demolition permit, the demolition permit shall be invalid.

Tenth city urban construction departments in the issuance of the "housing demolition permit" within 5 days, it should be taken, the implementation of the demolition unit, the scope of demolition, resettlement housing location, demolition period, relocation period and other content to be published in the form of announcement.

Demolition must be carried out in accordance with the scope and duration of demolition specified in the house demolition permit, and the scope and duration of demolition shall not be changed without authorization.

Eleventh after the demolition scope is determined, the municipal competent department of urban construction shall notify the relevant departments to suspend the following matters within the scope of demolition:

(a) to move into the household registration and household registration, but it is really necessary to move into the household registration because of childbirth, soldiers returning home, college graduates returning home, marriage, etc. ;

(2) Procedures such as house sale, exchange, gift, lease, mortgage, property analysis, etc., except those that need to be executed according to the effective judgment or ruling of the people's court or arbitration institution;

(three) the examination and approval procedures for new construction, renovation, expansion and decoration of houses;

(4) enterprise registration procedures.

The suspension period is 1 year. Need to extend the time limit, can be extended once, and before the expiration of the time limit 1 month reported to the municipal urban construction department for approval, the extension time shall not exceed 1 year.

Twelfth from the date of the demolition announcement, the demolition period shall not exceed 65 02 months, and the relocation period shall not exceed 6 months. Need to extend the demolition period, the demolition shall submit a written application to the municipal competent department of urban construction within 20 days before the expiration of the period. After approval, it can be extended once, but the longest period shall not exceed 6 months.

Thirteenth urban construction departments should supervise the use of compensation and resettlement funds. When handling the demolition permit, the demolisher shall transfer the compensation and resettlement funds to the special account for supervision, and use it as the demolition subsidy, compensation fee and resettlement subsidy under the supervision of the municipal urban construction department, and shall not use it for other purposes. The use of compensation and resettlement funds for demolition shall be announced to the demolition parties and accepted by the demolition parties.

Fourteenth Municipal People's government can organize unified demolition, and can also be carried out by units with demolition qualifications; Approved by the municipal competent department of urban construction can also be taken by the demolition.

Municipal key construction projects, municipal construction projects and comprehensive development projects shall be removed by the Municipal People's Government.

The municipal competent department of urban construction shall not accept the entrustment of demolition.

Fifteenth demolition entrusted demolition, it shall issue a power of attorney, signed a demolition contract with the entrusting unit, and reported to the municipal urban construction department for the record.

Units entrusted with demolition must be approved by the competent department of urban construction.

Personnel who carry out house demolition shall hold a work permit for house demolition issued by the municipal competent department of urban construction and hold relevant certificates.

Sixteenth people should be taken in accordance with these measures and the owner of the house to be taken to sign the "demolition compensation and resettlement agreement". The contents of the agreement mainly include: the construction area, compensation amount, payment method, payment term, location, area, floor, delivery time, transition period, liability for breach of contract and other terms that the parties think need to be concluded.

Demolition should be the demolition and resettlement posting, accept supervision.

The compensation and resettlement agreement shall use the standardized text under the unified supervision of the municipal competent department of urban construction.

Seventeenth housing demolition compensation and resettlement agreement, shall be reported to the competent department of urban construction for the record. After the demolition parties reach an agreement through consultation, they may apply to the notary office for notarization.

Eighteenth demolition of houses owned by individuals, the demolition shall solicit written opinions of the owner of the house to be demolished on the disposal of property rights. If the owner of the house is in China, he shall give a reply within 30 days from the date of receiving the comments; If the owner of the house is in Hong Kong, Macao and Taiwan, he shall reply within 60 days from the date of receiving the request; If the owner of the house is abroad, he shall reply within 90 days from the date of receiving the comments.

Unable to inform the owner of the house, the demolition should be announced, and the owner of the house should give a reply within 90 days from the date of the announcement. Fails to reply, after verification by the municipal competent department of urban construction, the demolisher can remove the land first after handling the evidence preservation at the notary office, and then deal with it according to the relevant regulations.

Nineteenth according to the demolition of houses, the trustee can sign a demolition agreement with the demolition by power of attorney; Without authorization, it shall be handled by the municipal competent department of urban construction in accordance with the relevant provisions and deposited in the archives after being preserved by the notary office.

Twentieth demolition and demolition of compensation and resettlement consultation can not reach an agreement, by the municipal urban construction department, if not satisfied, it may apply for reconsideration or bring a lawsuit to the people's court according to law. During the period of reconsideration and litigation, the demolition will not stop if the demolition has made resettlement or provided revolving houses for the demolition. However, in the process of demolition, the demolition houses and their attachments should be surveyed and recorded, and the evidence should be kept in the notary office.

Twenty-first in the demolition period stipulated in the announcement or ruling of house demolition, if the demolition person refuses to take the demolition without justifiable reasons, the Municipal People's Government may make a decision to order the demolition within a time limit. If the demolition is not carried out within the time limit, the Municipal People's Government shall instruct the relevant departments to carry out compulsory demolition, or apply to the people's government for compulsory demolition according to law.

Twenty-second housing demolition affairs authorities should strengthen the supervision and management of housing demolition construction units. It is strictly forbidden to disturb public transportation and residents' work, study and life order due to the stacking of materials and garbage, noise and dust generated by demolition construction.

Twenty-third after the demolition compensation and resettlement work 1 month, the demolition should be timely, accurate and complete information on house demolition and relocation compensation and resettlement, and submit it to the municipal urban construction department for the record.

Measures of Haikou Municipality for the Administration of Urban Housing Demolition Chapter III Compensation for Demolition

Twenty-fourth demolition compensation for property rights exchange, pricing compensation or the combination of property rights exchange and pricing compensation, the specific form is chosen by the demolition.

Property rights exchange area is calculated according to the construction area of the demolished house.

Where pricing compensation is implemented, the amount of pricing compensation can be multiplied by 130% of the replacement price of the demolished house construction area and merged into a new one for settlement.

Twenty-fifth the calculation method of the area of the demolished houses and resettlement houses shall be implemented in accordance with the calculation method of the construction area stipulated by the state.

If an attic is added to the demolished house, one side of the attic is the part with a minimum clear height of more than 2.2 meters, and the construction area is calculated according to its total area; For the part with clear height greater than 1.7m and less than 2.2m, the construction area shall be calculated as 50% of its area; The part with clear height less than 1.7m is not included in the construction area.

Twenty-sixth demolition of public welfare housing and its attachments, the demolition should be rebuilt according to its original nature and scale, or combined into a new compensation according to the replacement price, or by the Municipal People's government in accordance with the overall arrangement of urban planning.

Demolition of municipal infrastructure, gardens, green spaces and other public facilities, the demolition should be in accordance with the provisions of the relevant departments to go through the formalities, and according to the urban planning and supporting construction.

Demolition of non-public housing accessories, no property rights exchange, demolition compensation according to the evaluation price.

Twenty-seventh residential housing demolition, the implementation of property rights exchange in the form of compensation, compensation should be settled in the following ways:

(a) the compensation housing construction area is equal to the original housing construction area, no price difference settlement or according to the construction cost of their respective houses combined into a new price difference settlement, the specific way is chosen by the demolition;

(2) If the construction area of the compensation house exceeds the construction area of the demolished house 10 square meter, it shall be settled at the cost price. If it exceeds 10 square meter, the excess shall be settled at the market price;

(3) If the construction area of the compensated house is less than the construction area of the demolished house, the insufficient part shall be settled and compensated by combining the replacement price into a new multiple of 130%.

(four) the demolition of ancillary facilities (including patios, courtyards, gardens, etc.). ) property rights exchange shall not be carried out, but compensation shall be made according to the evaluation price.

Twenty-eighth of the demolition of enterprise production houses and ancillary facilities, the municipal urban construction department shall organize the demolition and relocation of enterprises to negotiate, in accordance with the principle of reasonable compensation to take a one-time solution, and signed a compensation agreement. The main contents of compensation include:

(a) factories and other buildings, according to the replacement price of the demolished construction area, combined into a new settlement;

(two) the demolition, relocation and installation of production equipment and facilities, according to the actual expenditure;

(three) if the demolition causes losses in production and operation, it shall be compensated monthly according to the monthly average profit of the year before the announcement of demolition. The maximum compensation period shall not exceed 18 months, and the profit calculation shall be subject to the tax application approved by the tax authorities.

Twenty-ninth demolition of public housing, rental housing and housing reform policy to buy less than 100% of the housing, property rights exchange should be implemented to maintain the original relationship. If the original contract terms are changed due to demolition, it shall be revised accordingly.

Thirtieth demolition of mortgaged houses to implement property rights exchange, the mortgagee and the mortgagor signed a mortgage agreement, and in 15 days to the city real estate department to handle the change procedures.

Thirty-first demolition of houses with property disputes, the dispute has not been resolved within the prescribed time limit announced by the municipal competent department of urban construction, and the demolition shall be carried out after the compensation plan is approved by the municipal competent department of urban construction. The municipal competent department of urban construction shall, before the demolition, organize the demolition, the demolition and the relevant departments to carry out the investigation, record and evaluation of the demolished houses, and go through the formalities of evidence preservation at the notary office.

Thirty-second demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; Demolition of temporary buildings that have not exceeded the approved period and have not specified the service period, and appropriate compensation shall be given.

Thirty-third people who have been taken in the demolition notice or after receiving the notice from the municipal competent department of urban construction to stop construction, continue to build, rebuild and expand houses and their appendages, without compensation.

Before the announcement of demolition, if the house has been renovated, the decoration part shall be appraised by a qualified appraisal unit or the demolition party through consultation, and compensation shall be given according to the appraisal price.

Thirty-fourth because the house demolition involves the change and compensation of land use rights, it shall be handled in accordance with the laws and regulations of the state and this province on land management.

Measures of Haikou Municipality for the Administration of Urban Housing Demolition Chapter IV Demolition and Resettlement

Thirty-fifth housing demolition and resettlement methods are divided into relocation and resettlement.

Because of the demolition of municipal, public welfare or non-residential projects, the demolition person is in a different place.

Demolition of new commercial housing in situ, the original merchants along the street should generally be relocated.

Thirty-sixth residential housing demolition, according to the classification of different lots.

From a good location to a poor location, the resettlement area should be increased or the location difference compensation should be given. In-situ resettlement does not increase the resettlement area.

From the bad location to the good location, the location difference settlement is not carried out.

Demolition structure for a layer (including cement flat roof houses, brick houses) of the house, according to the legal property rights of the demolished house, increase the resettlement area of 20%.

The demolition of houses and the addition of attics for residents shall be arranged in accordance with the provisions of the second paragraph of Article 25 of these Measures.

Thirty-seventh demolition of returned overseas Chinese, overseas Chinese, Hong Kong, Macao and Taiwan compatriots have legitimate property rights, and the implementation of property rights exchange, under the same conditions, can be allowed to give priority to the resettlement site, floor and orientation.

Thirty-eighth residential housing demolition to implement a one-time placement is indeed difficult, with the approval of the municipal competent department of urban construction, you can make a temporary transition. The parties to the demolition shall specify the transition mode and transition period in the demolition and resettlement agreement. The transition period is calculated from the date of signing the resettlement agreement.

Thirty-ninth demolition of residential housing users because of the relocation, the demolition should be taken in accordance with the legal construction area of the house is not less than the standard of 6 yuan to pay the relocation fee.

The relocation expenses of the original cable TV, telephone, water meter, electricity meter and gas meter of the demolished person shall be subsidized by the demolished person according to the actual expenditure and market conditions.

Fortieth by the demolition to solve their own or by their units to help solve the temporary transitional housing, within the prescribed transition period, the demolition should be according to the legal construction area of the house to be demolished, at a monthly rate of not less than the standard of 6 yuan, a one-time payment to the demolition of temporary transitional subsidies.

Forty-first people who have been demolished have revolving houses, and the area of revolving houses shall not be less than 70% of the building area of the demolished houses.

Forty-second the construction of resettlement houses for buildings below nine floors, the transition period shall not exceed 1 year for 6 months; From the tenth floor to the eighteenth floor, the transition period shall not exceed 2 years and 6 months; More than nineteen floors, the transition period shall not exceed four years.

Resettlement houses shall meet the national residential building standards.

Forty-third due to the responsibility of the demolition to extend the transition period, since the overdue month, the demolition should increase the extension subsidy. If it exceeds the specified period 1 to 6 months, it will be increased by 50% per month according to the original standard; More than 7 to 12 months, doubled; More than 18 months, tripled.

Measures of Haikou Municipality for the Administration of Urban House Demolition Chapter V Legal Liability

Forty-fourth one of the following acts shall be given administrative punishment by the municipal competent department of urban construction according to the seriousness of the case:

(a) without obtaining the "Housing Demolition Permit" or without authorization in accordance with the provisions of the "Housing Demolition Permit", it shall be ordered to stop the demolition, and the demolition person shall be fined 30 yuan per square meter according to the construction area of the house to be demolished.

(two) commissioned without obtaining the qualification of housing demolition units for demolition, shall be ordered to stop the demolition, and impose a fine of 20000 yuan to 65438 yuan on the client.

(three) to raise or lower the compensation and resettlement standards without authorization, and to order the demolition to make corrections within a time limit; Refuses to correct, punishable by more than 5000 yuan 1000 yuan fine.

(four) to expand or narrow the scope of demolition without authorization, shall be ordered to make corrections within a time limit and impose a fine of 5000 yuan to 10000 yuan.

(5) If the demolition period is exceeded or the relocation period or transition period is extended without justifiable reasons, the demolition person shall be ordered to make corrections within a time limit and be fined 1000 yuan to 20,000 yuan.

Forty-fifth demolition in violation of the demolition compensation and resettlement agreement, causing losses to the demolition, compensation should be given.

Article 46 If the demolished person exceeds the announced relocation period or violates the agreement, refuses to vacate the revolving house, and other violations of the relevant provisions of these measures, the municipal urban construction department shall order him to relocate or vacate within a time limit and impose a fine of more than 2,000 yuan and less than 5,000 yuan. Failing to relocate or vacate within the time limit, the municipal competent department of urban construction shall apply to the people's court for compulsory execution.

Article 47 If the materials allowed to be put in and the garbage, noise and dust generated during the demolition construction interfere with public transportation and the order of residents' work, study and life, the relevant administrative departments shall punish them in accordance with the provisions of relevant laws and regulations such as the Measures for the Administration of Urban Appearance in Haikou City and the Measures for the Prevention and Control of Environmental Noise Pollution in Haikou City.

Forty-eighth if a party refuses to accept the decision on administrative punishment, it may bring an administrative reconsideration or administrative lawsuit according to law. If a party fails to apply for reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the administrative department that made the punishment decision shall enforce it according to law or apply to the people's court for enforcement.

Forty-ninth disturb the demolition work order, abuse, assault, threat, hinder the demolition department staff to perform official duties according to law, by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Fiftieth city urban construction departments in violation of the provisions of the issuance of "housing demolition permit", by the higher authorities to give administrative sanctions to the person in charge and the person directly responsible; If losses are caused to the parties concerned, compensation shall be made according to law.

Fifty-first city urban construction departments in violation of these provisions, corruption, misappropriation, interception, embezzlement of compensation and resettlement funds, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the supervisory organ or the competent department at a higher level shall give administrative sanctions to the person in charge and the person directly responsible.

Fifty-second urban construction department staff dereliction of duty, abuse of power, corruption, given administrative sanctions by their units or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Measures of Haikou Municipality for the Administration of Urban House Demolition Chapter VI Supplementary Provisions

Fifty-third of the replacement price of housing demolition, resettlement housing valuation standards and compensation standards for housing demolition shall be formulated by the municipal urban construction department in conjunction with the price department.

Article 54 The Haikou Municipal People's Government shall be responsible for the interpretation of the specific application of these Measures.

Article 55 These Measures shall come into force as of the date of promulgation. The Interim Measures for the Construction, Demolition and Resettlement of Haikou City issued by the Municipal People's Government on July 3 1 day shall be abolished at the same time. ;