(adopted at the 23rd meeting of the Standing Committee of the Tenth Provincial People's Congress on September 29, 2006)

Chapter I General Principles

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 Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.

Article 2 These Regulations shall apply to the implementation of house demolition on state-owned land within the urban planning area of this province and the need for compensation and resettlement for the demolished people.

Article 3 The parties involved in the demolition mentioned in these Regulations include the demolition and the demolition.

Demolition refers to the unit that has obtained the house demolition permit according to law.

The person being demolished refers to the owner of the house being demolished.

Article 4 Urban house demolition must conform to urban planning, which is conducive to urban infrastructure construction, transformation of old districts, improvement of urban ecological environment and living conditions of residents, protection of urban historical and cultural features and promotion of urban sustainable development.

Fifth people must be taken in accordance with the provisions of this Ordinance, the demolition of compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.

Sixth provincial construction administrative departments to implement supervision and management of the province's urban housing demolition work.

The housing demolition management department of the people's government of the city or county (city) with districts shall supervise and manage the urban housing demolition work within their respective administrative areas.

Development and reform, planning, land and resources, public security, prices, cultural relics, industrial and commercial administration and other departments shall, in accordance with their respective responsibilities, coordinate in the management of urban housing demolition.

Seventh any unit or individual has the right to report violations of urban planning, demolition approval procedures or expanding the scale of demolition, abuse of coercive means, barbaric demolition and other acts.

After receiving the report, the people's government at or above the county level supervision, housing demolition management and other departments shall promptly investigate and deal with it.

Chapter II Demolition Management?

Article 8 The people's government of a city or county (city) divided into districts shall, according to the urban planning and the local economic and social development reality, prepare the long-term plan, annual plan and annual construction plan for the demolition and resettlement houses of urban houses, and submit them to the provincial construction administrative department in conjunction with the provincial development and reform department for examination and approval.

The long-term plan, annual plan and annual construction plan of urban housing demolition and resettlement approved by the examination shall be reported to the Standing Committee of the people's congress at the same level and the people's government at the next higher level for the record by the people's government of the city or county (city) with districts.

If it is really necessary to adjust the items in the demolition plan, it shall be re-submitted for approval in accordance with the provisions of the preceding paragraph, but it shall not exceed the approved annual demolition scale.

Article 9 If the houses included in the annual demolition plan need to be demolished, the construction unit applying for demolition may, on the strength of the planning and site selection opinions or other relevant approval documents, draw the house demolition management department to make an announcement, and check the property rights, use and lease of the houses to be demolished with the relevant units or individuals. The relevant units or individuals shall cooperate.

Tenth housing units to obtain housing demolition permit, before the implementation of the demolition.

To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department of the city or county (city) where the house is located:

(a) the approval document of the construction project;

(two) construction land planning permit, planning conditions and drawings;

(three) the approval document of the right to use state-owned land;

(four) the demolition plan and demolition plan;

(five) the certificate of property rights exchange and the certificate of compensation and resettlement funds issued by the financial institution that handles the deposit business.

The demolition plan shall include the scope of demolition, demolition methods, demolition period, the specific time to start and complete the demolition, etc. ; The demolition plan shall include the basic information of the demolished houses and their appendages, the estimation of compensation and resettlement costs, the floor plan of the demolished houses, the temporary transition mode and time limit, and the compensation and resettlement measures for the demolished houses whose area is lower than the minimum apartment design area stipulated by the national mandatory standards.

Eleventh housing demolition management department shall, after receiving the application materials, review the application items according to the relevant laws and regulations of the state on administrative licensing. Upon examination, if it meets the requirements, it shall be issued with a house demolition permit; Do not meet the requirements, it shall make a decision not to approve, and explain the reasons.

When reviewing the application matters, the house demolition management department shall listen to the opinions of the applicant and the relevant units and individuals within the scope of the demolition application on the demolition plan and other issues by holding a hearing.

Twelfth housing demolition management departments in the issuance of housing demolition permits at the same time, should be specified in the housing demolition permit demolition, demolition scope, demolition period and other content, in the form of housing demolition notice to be published.

After obtaining the house demolition permit, the demolisher shall publicize the house demolition permit, demolition work flow, demolition compensation and resettlement plan, demolition compensation and resettlement standard, demolition unit name and demolition staff list at the demolition site and accept supervision.

Housing demolition management departments and relevant units shall promptly publicize and explain to the demolished person and lessee.

Thirteenth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:

(1) Building, rebuilding and expanding houses;

(2) Changing the use of houses and land;

(3) Establish a new house lease relationship.

The house 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 one year; Demolition needs to extend the suspension period, must be approved by the housing demolition management department, but the extension of the suspension period shall not exceed one year.

Fourteenth demolition must be carried out in accordance with the scope and duration of the demolition determined by the housing demolition permit, and pay the demolition management fee in accordance with the relevant provisions.

The demolition period shall not exceed one year. If the demolition is not completed within the demolition period and the demolition period needs to be extended, the demolition person shall submit a written application for extension of the demolition to the house demolition management department within fifteen days before the expiration of the demolition period; The house demolition management department shall give a written reply within ten days from the date of receiving the application. Approved extension of the demolition, the extension period shall not exceed one year. If the application is not made within the time limit or the application is not approved, the house demolition permit shall be invalidated automatically.

Fifteenth people can take their own demolition, demolition can also be entrusted.

If the demolisher carries out the entrusted demolition, he shall issue a power of attorney to the entrusted demolition unit and conclude a written demolition entrustment contract, and the demolisher shall pay the entrusted demolition fee in accordance with the regulations.

The demolisher shall, within fifteen days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record. The entrusted demolition unit shall not transfer the demolition business.

Units that carry out house demolition must obtain the qualification certificate of urban house demolition. Measures for the administration of qualification of urban housing demolition units shall be formulated by the provincial construction administrative department.

Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.

Article 16 During the period of demolition, the parties involved in the demolition shall, in accordance with the provisions of these Regulations, conclude a written demolition compensation and resettlement agreement on matters such as demolition compensation method and compensation amount, resettlement location and resettlement area, relocation period, relocation transition method and transition period, and liability for breach of contract.

Demolition of public rental residential housing, the demolition should sign a written demolition compensation and resettlement agreement with the lessee and the demolition.

The demolition shall, within thirty days from the date of signing the demolition compensation and resettlement agreement, report the demolition compensation and resettlement agreement to the housing demolition management department for the record.

The demolition shall not require the demolition or lessee to move first, and then conclude the demolition compensation and resettlement agreement.

Seventeenth after the signing of the demolition compensation and resettlement agreement, if one party repents or refuses to perform, the parties may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law.

Eighteenth demolition and demolition or demolition and housing tenant can not reach an agreement on compensation and resettlement, upon the application of the parties, the house demolition management department that approved the demolition shall conduct mediation; If mediation fails, a ruling shall be made. Housing demolition management department is the demolition, mediation by the people's government at the same level, mediation fails, the ruling.

The house demolition management department or the people's government at the same level shall, within seven days from the date of receiving the application, make a decision on whether to accept it in writing; If it decides not to accept it, it shall also explain the reasons. If the number of households who have not reached an agreement on compensation and resettlement for demolition or the demolition area exceeds one third, the house demolition management department or the people's government at the same level shall hold a hearing before deciding to accept the application for adjudication.

Decided to accept, the housing demolition management department or the people's government at the same level shall make a ruling within thirty days from the date of deciding to accept. If a party refuses to accept the ruling, it may apply for reconsideration or bring a lawsuit to the people's court according to law. In accordance with the provisions of this Ordinance, if the demolisher has given monetary compensation to the demolished person or provided resettlement houses and revolving houses, the execution of the demolition shall not be stopped during the reconsideration and litigation, except as otherwise provided by laws and regulations.

Article 19 If the demolisher has fulfilled the obligations stipulated in the ruling, and the demolished person or lessee refuses to move within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to forcibly remove it, or the house demolition management department shall apply to the people's court for compulsory removal according to law.

Before the implementation of compulsory demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.

Twentieth demolition and related units shall not change the original basic living conditions such as water supply, power supply, gas supply, heating and transportation. , shall not dismantle buildings and structures that hinder the safety and normal use of their houses.

No unit or individual may use violence, coercion, fraud or other means to force the demolished person and the lessee to sign the demolition compensation and resettlement agreement or move.

Twenty-first people should be taken within 30 days after the house demolition, with the house demolition permit and the demolition compensation and resettlement agreement to the local real estate management department for house cancellation registration, and return the original house ownership certificate.

Demolition involves the change of land use rights, and the registration procedures for the change of land ownership must be handled according to law.

Twenty-second demolition involving military facilities, churches, temples, cultural relics and houses of foreign consulates in China shall be handled in accordance with the provisions of relevant laws and regulations.

Twenty-third demolition of housing demolition compensation and resettlement funds must be fully in place, all for housing demolition compensation and resettlement, and shall not be used for other purposes. Housing demolition management department, demolition and financial institutions shall sign an agreement with * * *, and implement special storage for special purposes.

The use of compensation and resettlement funds for demolition shall be certified by the house demolition management department and allocated by financial institutions.

The person being demolished has the right to ask the demolition person or the house demolition management department to show the deposit certificate of demolition compensation and resettlement funds issued by financial institutions. Financial institutions that issue false certificates of deposit of compensation and resettlement funds for demolition shall bear legal responsibilities according to law.

Twenty-fourth housing demolition management departments should strengthen the supervision and inspection of the implementation of housing demolition and demolition compensation and resettlement, and establish and improve the demolition file management system and statistical data reporting system.

The demolisher shall timely sort out and properly keep the demolition data, and hand over the demolition data to the house demolition management department within 30 days after the demolition.

Chapter III Compensation and Resettlement for Demolition

Twenty-fifth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.

Unless otherwise stipulated in this Ordinance, the person to be demolished may choose the compensation method for demolition.

Twenty-sixth demolition of houses to implement monetary compensation, the amount of monetary compensation is determined according to the market evaluation price of new ordinary commercial housing where the houses are demolished. If the parties to the demolition reach an agreement through consultation, it shall be implemented in accordance with its agreement.

The minimum monetary compensation price standard for house demolition shall be determined by the municipal people's government divided into districts, submitted to the provincial construction administrative department for the record, and announced to the public.

Twenty-seventh houses to be demolished to implement housing property rights exchange, the demolition should provide resettlement housing and housing property rights exchange housing. The prices of resettlement houses and demolished houses shall be assessed and determined in accordance with the provisions of these regulations. After the two sides settle the price difference, the property right of the resettlement house belongs to the demolished person.

Demolition of attachments to non-profit public welfare housing, no property rights exchange, monetary compensation by the demolition.

Article 28 If the demolished person has only one set of residential houses, and the housing area is lower than the minimum residential design area stipulated in the national mandatory standards, the demolished person shall make monetary compensation to the demolished person or provide property rights exchange resettlement houses according to the minimum residential design area standard stipulated in the national mandatory standards. The expenses for increasing the area within the minimum apartment design area stipulated by the national mandatory standards shall be borne by the residents.

Twenty-ninth demolition resettlement housing area is calculated according to the construction area.

The construction area of the house to be demolished shall be subject to the construction area specified in the house ownership certificate or the construction area specified in the rent schedule. For houses with legal construction procedures but no house ownership certificate, no rental meter, or houses with only the specified use area for rental meter, the construction area shall be subject to the construction area specified in the approved construction documents or the construction area measured by real estate surveying and mapping institutions.

Thirtieth residents to provide resettlement housing, shall meet the following requirements:

(a) meet the quality and safety standards stipulated by the state and the province;

(two) in line with national and provincial architectural design technical specifications and standards;

(3) Clear property rights.

Resettlement houses provided by residents should be new houses; The provision of other houses shall be subject to the consent of the residents.

Thirty-first houses to be demolished for the exchange of housing property rights shall be determined according to the requirements of urban planning on the scope of demolition and the nature of construction projects.

Demolition of residential houses, the scope of demolition is for the construction of residential houses, and if the demolished person requires the exchange of housing property rights and local resettlement, and can meet the requirements of the demolition of housing property rights exchange and resettlement in accordance with the approved construction project planning, the demolished person shall be placed in local resettlement.

Demolition of residential houses, the scope of demolition for social welfare projects or urban infrastructure construction projects, the implementation of demolition and resettlement.

Thirty-second demolition of non-profit public welfare housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.

Thirty-third demolition of rental housing, the demolition and housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition should be compensated or resettled.

If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee. However, unless otherwise agreed in the original house lease contract.

Thirty-fourth demolition of non-residential housing, housing ownership certificate used to indicate the business content, it should be based on the business premises to give compensation or resettlement.

Demolition of residential houses used as business premises, and meet the following conditions, should be appropriately raised compensation standards:

(1) Obtaining business license, tax registration certificate and tax payment records;

(2) The business locations indicated on the house ownership certificate, business license and tax registration certificate are consistent.

Thirty-fifth demolition of illegal buildings and temporary buildings exceeding the approved period, without compensation, by the parties themselves within the time limit; If it is not removed within the time limit, it shall be submitted to the competent department of city planning administration or the comprehensive law enforcement department of the city for investigation and punishment according to law.

Demolition of temporary buildings that have not exceeded the approval period, in addition to not providing compensation when approving temporary buildings, can be given appropriate compensation according to the project cost.

Thirty-sixth disputes over the property rights and creditor's rights of the demolished houses shall be settled by the parties through consultation; In the demolition period is not resolved, by the demolition of compensation and resettlement program, reported to the local housing demolition management department for approval before the demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. After the dispute is settled, the demolisher shall give monetary compensation or exchange the property rights of the house in accordance with the provisions of these regulations.

Thirty-seventh demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the local housing demolition management department for examination and approval before demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.

Thirty-eighth demolition of houses with mortgages shall be carried out in accordance with the relevant laws and regulations of the state.

Thirty-ninth people should be taken to the demolition or housing tenant to pay relocation subsidies.

Fortieth demolition or lessee choose monetary compensation and find their own resettlement houses, the demolition shall pay temporary resettlement subsidies.

During the transition period, if the demolished person or lessee chooses to exchange property rights and arrange their own residence, the demolished person shall pay temporary resettlement subsidies; Provided by the demolition of housing turnover, do not pay temporary resettlement subsidies.

Forty-first demolition shall not extend the transition period without authorization, and the users of the revolving house shall vacate the revolving house on time.

If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy will be increased from the month overdue for the demolisher or the lessee who arranges his own residence; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month.

Forty-second demolition of non-residential housing, resulting in the demolition of people or housing tenants to stop production and business, the demolition should pay operating subsidies.

Article 43 The specific standards for relocation subsidies, temporary resettlement subsidies, operating subsidies, entrusted relocation expenses and expert appraisal fees shall be formulated by the municipal people's government with districts according to local actual conditions and announced to the public.

Chapter IV Demolition Assessment

Forty-fourth houses and resettlement houses that need to be evaluated shall be carried out by an evaluation agency that has obtained the qualification of real estate evaluation. There shall be no subordinate relationship or other interest relationship between the evaluation institution and the administrative organ or other state organs.

Forty-fifth housing demolition management departments should publish the list of demolition assessment agencies to the public every year for the demolition parties to choose.

Forty-sixth demolition parties should negotiate the selection of demolition assessment agencies; If negotiation fails, the house demolition management department at the location of the house to be demolished shall organize the lottery to determine; If the demolition party abandons the lottery, it shall be designated by the house demolition management department.

The parties involved in the demolition shall conclude a entrustment contract for demolition evaluation with the selected demolition evaluation institution, and report it to the local house demolition management department for the record within fifteen days after the signing of the contract. The assessment fee shall be borne by the demolisher, unless the demolisher entrusts himself or it is otherwise stipulated in this Ordinance.

Demolition assessment agencies shall not transfer or transfer the entrusted assessment business in disguised form.

Forty-seventh housing demolition evaluation should choose the market comparison method, do not have the conditions to use the market comparison method, you can choose other evaluation methods, but should explain the reasons in the evaluation report.

Forty-eighth demolition evaluation should follow the principles of independence, objectivity, impartiality and legality. The demolition assessment institution shall truthfully issue an assessment report, and shall not collude with one of the demolition parties to damage the legitimate rights and interests of the other party, and shall not obtain the demolition assessment business by giving kickbacks or other improper means. The appraisal report must be signed by two or more full-time registered real estate appraisers.

No unit or individual may illegally interfere with evaluation activities and evaluation results.

If the demolition assessment agencies and appraisers have an interest in the demolition parties or are the demolition parties, they should withdraw.

Forty-ninth assessment agencies shall publicize the preliminary assessment results to the residents, and the publicity period shall not be less than seven days, and make on-site explanations and listen to opinions.

After the expiration of the publicity period, the assessment agency shall provide the overall assessment report and household assessment report to the demolition parties. The household assessment report shall be delivered to the demolished person within ten days after the expiration of the publicity period.

Fiftieth demolition parties have objections to the evaluation results, should be resolved through consultation; If negotiation fails, the parties who raise objections may apply to the original appraisal agency for review, or entrust the real estate appraisal agency to re-evaluate.

If the difference between the re-evaluation result and the original evaluation result is within the allowable error range, the original evaluation result is valid, and the cost of re-evaluation shall be borne by the demolition parties who raise objections. Beyond the allowable error range, it shall be settled by the parties involved in the demolition through consultation; If negotiation fails, if the demolition party raises an objection, it may apply for technical appraisal to the provincial or municipal housing demolition evaluation expert committee. The expert committee of house demolition evaluation shall set up an expert group to evaluate, and its evaluation conclusion shall be the final ruling. The cost of re-evaluation and expert appraisal shall be borne by the evaluation institution that has not adopted the evaluation results.

The expert committee for demolition evaluation shall be selected by the provincial and district housing demolition management departments from registered real estate appraisers and experts in real estate, urban planning and law, and publicized. The members of the expert appraisal group shall be randomly selected from the expert committee, and shall not be less than three.

The allowable error range is determined by the municipal housing demolition management department in conjunction with the price department and announced to the public.

Chapter v legal liability?

Fifty-first in violation of the provisions of this Ordinance, one of the following acts, the housing demolition management department shall be punished in accordance with the provisions of the "Regulations" of the State Council city housing demolition management:

(a) demolition without obtaining a permit for house demolition;

(two) the demolition of housing demolition permit obtained by deception;

(three) the demolition is not carried out in accordance with the scope of demolition determined by the house demolition permit;

(four) commissioned units that do not have the qualification for demolition to carry out demolition;

(five) unauthorized change or extension of the demolition period;

(six) the entrusted demolition unit transfers the demolition business.

Fifty-second people in the demolition period, in violation of the provisions of the first paragraph of this Ordinance twentieth, the housing demolition management department shall order it to stop the demolition, restitution; If losses are caused to the demolished person or lessee, the demolished person shall make compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-third demolition in violation of the provisions of this Ordinance, the demolition compensation and resettlement funds for other purposes, given a warning by the housing demolition management department, ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 3% 10% of the misappropriated funds will be imposed.

Article 54 If the house demolition assessment agencies and house demolition assessment personnel violate the relevant provisions and norms of house demolition assessment, issue false assessment reports, collude with one of the demolition parties to damage the legitimate rights and interests of the other party, or obtain the demolition assessment business by giving kickbacks or other improper means, the real estate administrative department shall punish them in accordance with the relevant provisions of the state; If losses are caused to the parties involved in the demolition, they shall be liable for compensation according to law.

Fifty-fifth in violation of the provisions of this Ordinance, under any of the following circumstances, the municipal and county (city) people's governments, housing demolition management departments and other relevant departments shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) in violation of the provisions of the review and issuance of housing demolition permits and other approval documents;

(two) after issuing the approval documents such as the permit for house demolition, failing to perform the duties of supervision and management or failing to investigate and deal with acts in violation of the provisions on demolition management;

(three) after the demolition scope is determined, the illegal handling of matters that should be suspended;

(four) the house demolition management department accepts the entrustment of demolition or carries out demolition as a demolition person;

(five) failing to accept the application for housing demolition disputes and make a ruling according to law;

(six) in violation of the provisions of the organization and implementation of mandatory housing demolition;

(seven) without the consultation of the parties involved in the demolition and the organization of the lottery, the house demolition management department directly designates the house demolition evaluation institution;

(eight) other dereliction of duty, abuse of power, corruption and other serious consequences.

Chapter VI Supplementary Provisions?

Fifty-sixth in the implementation of housing demolition on state-owned land outside the scope of urban planning area, and the need for compensation and resettlement for the demolition, in accordance with these regulations.

Article 57 If the collective land in the urban planning area is used for urban construction, the land requisition procedures shall be handled according to law, and the compensation and resettlement standards for house demolition on the collective land shall be consistent with those on the state-owned land in the same lot.

The fifty-eighth of this Ordinance since February 6, 2006. Before the implementation of these regulations, the house demolition announced by the house demolition management department shall be implemented in accordance with the original provisions.