The basic situation of "Regulations on the Management of Urban House Demolition" in Jinzhong Construction Engineering Trading Center;
Chapter I General Principles
Article 1 These Regulations are formulated in order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the parties involved in demolition and ensure the smooth progress of construction projects.
Article 2 These Regulations shall apply to the house demolition on the state-owned land in the urban planning area, and it is necessary to compensate and resettle the people who have been demolished.
Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.
Fourth people should 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.
The term "demolition" as mentioned in these Regulations refers to the unit that has obtained the permit for house demolition.
The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house.
Fifth the State Council construction administrative departments to supervise and manage the national urban housing demolition work.
The local people's governments at or above the county level shall be responsible for the management of house demolition (hereinafter referred to as the house demolition management department) to supervise and manage the urban house demolition work within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of these regulations, cooperate with each other to ensure the smooth progress of the management of house demolition.
The land administrative departments of the people's governments at or above the county level shall be responsible for the land management related to urban housing demolition in accordance with the provisions of relevant laws and administrative regulations.
Chapter II Demolition Management
Article 6 The demolition shall be carried out only after the demolition permit is obtained.
Article 7 To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department of the people's government of the city or county where the house is located:
(a) the approval document of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.
The housing demolition management department of the people's government of the city or county shall conduct a review within 30 days from the date of receiving the application; Upon examination, if it meets the requirements, a house demolition permit will be issued.
Eighth 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 matters, in the form of housing demolition notice to be published.
The house demolition management department and the demolition person shall promptly publicize and explain to the demolition person.
Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the housing demolition management department for an extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.
Tenth people can take their own demolition, can also entrust a qualified unit to carry out the demolition.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Eleventh demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and conclude a demolition entrustment contract. The demolisher shall, within 05 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.
Twelfth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(3) renting a house.
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 longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.
Thirteenth demolition and demolition shall, in accordance with the provisions of this Ordinance, conclude a demolition compensation and resettlement agreement on matters such as compensation methods and compensation amount, resettlement housing area and resettlement location, relocation period, relocation transition mode and transition period.
Demolition of rental housing, the demolition should be taken with the people, housing tenants to enter into a demolition compensation and resettlement agreement.
Article 14 If the houses managed by the house demolition management department need to be demolished, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be kept.
Fifteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.
Sixteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of this Ordinance, if the demolisher has given monetary compensation to the demolished person or provided demolition resettlement houses or revolving houses, the execution of demolition shall not be stopped during the litigation.
Article 17 If the demolished person or lessee fails to relocate 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 relocate, or the house demolition management department shall apply to the people's court for compulsory relocation according to law.
Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Eighteenth demolition involves military facilities, churches, temples, cultural relics and houses of foreign embassies (consulates) in China, in accordance with the provisions of relevant laws and regulations.
Nineteenth has not yet completed the transfer of demolition compensation and resettlement construction projects, should be approved by the housing demolition management department, the original demolition compensation and resettlement agreement related rights and obligations will be transferred to the assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.
Twentieth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
The house demolition management department of the local people's government at or above the county level shall strengthen supervision over the use of compensation and resettlement funds for demolition.
Twenty-first housing demolition management departments should establish and improve the demolition file management system, strengthen the management of demolition files.
Chapter III Compensation and Resettlement for Demolition
Twenty-second people should be taken in accordance with the provisions of this Ordinance, the demolition of compensation.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation.
Twenty-third demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.
In addition to the provisions of the second paragraph of article twenty-fifth and the second paragraph of article twenty-seventh, the person who is taken can choose the compensation method for demolition.
Twenty-fourth the amount of monetary compensation, according to the location, use, construction area and other factors of the house to be demolished, to determine the real estate market evaluation price. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-fifth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 24 of these regulations, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Twenty-sixth demolition of public 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.
Twenty-seventh demolition of rental housing, the demolition of housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation for the demolition.
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.
Twenty-eighth residents should provide houses that meet the national quality and safety standards for demolition and resettlement.
Twenty-ninth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before the implementation of demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Thirtieth demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Thirty-first people should be taken to the demolition or housing tenant to pay relocation subsidies.
During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy.
The standards for relocation subsidies and temporary resettlement subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-second demolition shall not extend the transition period without authorization, and the users of the swing space shall vacate the swing space 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.
Thirty-third due to the demolition of non residential houses caused by the suspension of production and business, the demolition should give appropriate compensation.
Chapter IV Punishment
Thirty-fourth in violation of the provisions of this Ordinance, without obtaining a permit for house demolition, the house demolition management department shall order it to stop the demolition, give it a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of demolition construction area.
Thirty-fifth demolition in violation of the provisions of this Ordinance, to obtain a permit for house demolition by deception, the house demolition management department shall revoke the permit for house demolition, and impose a fine of more than 0% and less than 3% of the compensation and resettlement funds.
Thirty-sixth demolition in violation of the provisions of this Ordinance, one of the following acts, the house demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Thirty-seventh commissioned units in violation of the provisions of this Ordinance, the transfer of demolition business, the housing demolition management department shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract.
Article 38 If the house demolition management department of the local people's government at or above the county level issues the house demolition permit and other approval documents in violation of the provisions of these Regulations, fails to perform the duties of supervision and management after issuing the house demolition permit and other approval documents, or fails to investigate and deal with illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Thirty-ninth in the urban planning area of foreign land demolition, and the need for compensation and resettlement, with reference to these regulations.
Article 40 These Regulations shall come into force as of 200111. 1991On March 22nd, the Regulations on the Administration of Urban House Demolition issued by the State Council was abolished at the same time.
Website of Jinzhong Construction Engineering Trading Center:/
Address of Shanxi Jinzhong Bidding Network: Yingbin Street 194, Jinzhong City
Shanxi Jinzhong Bidding Network Contact: 0354-320 1953
Shanxi Jinzhong Bidding Network Postal Code: 030600
For more information about bid writing and improving the winning rate, click on the bottom customer service for free consultation.