Central, provincial and municipal units:
The Interim Measures for the Administration of Urban Demolition and Resettlement in Heihe City have been discussed and passed at the third executive meeting of the municipal government on April 29, 2000, and are hereby issued to you, please implement them carefully.
May 25, 2000 Chapter I General Provisions
Article 1 In order to strengthen the management of urban construction demolition, these Measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban Housing Demolition and the Regulations of Heilongjiang Province on the Administration of Urban Construction Demolition, combined with the actual situation of our city.
Article 2 These Measures shall apply to the demolition, resettlement and compensation of houses and other facilities on state-owned land within the urban planning area of this Municipality.
Article 3 Heihe City Real Estate Management Bureau is the competent department of urban construction and demolition in the whole city (hereinafter referred to as the competent department of demolition), responsible for organizing the implementation of these measures, and supervising and inspecting the implementation.
The demolition office of Heihe Municipal People's Government (hereinafter referred to as the demolition office) undertakes the specific work of demolition management.
Article 4 The term "demolition" as mentioned in these Measures refers to the units and individuals that have obtained the demolition permit according to law. The term "demolished person" as mentioned in these Measures refers to the units and individuals who have legal property rights certificates or use certificates for houses and other facilities within the scope of demolition.
Chapter II Demolition Management
Article 5 Any unit or individual that needs to be demolished due to construction, or needs to be rebuilt and demolished on the spot, must apply to the Municipal Relocation Office, and can only be demolished after obtaining the demolition permit after examination and approval.
To apply for a house demolition permit, the following documents and materials shall be submitted:
(a) the construction plan, investment indicators, construction planning and construction land approval documents, construction funds;
(two) the detailed household situation, use, quantity and image data of the houses to be demolished within the scope of demolition;
(three) in line with the situation of the relocated households, the resettlement housing plan and the demolition implementation plan;
(four) the demolition agreement of state-owned houses and self-managed houses;
(5) Housing cancellation list.
Sixth comprehensive development areas, should be unified demolition, demolition commissioned by the approved demolition contractor to carry out the demolition.
Comprehensive development zones that do not implement individual demolition, with the approval of the Municipal Demolition Office, can be demolished by themselves according to the provisions of these measures.
Any unit undertaking the demolition business must obtain the qualification to undertake the demolition, and the personnel involved in the implementation of the demolition must undergo special business training and obtain the qualification certificate.
The competent department of house demolition shall not accept the entrustment of demolition.
Seventh after the demolition, the demolition should be to the city relocation office to write a written report, and the city planning department visa before paying the construction funds.
Article 8 After issuing the demolition permit, the municipal demolition office shall issue an announcement or hold a demolition mobilization meeting within the scope of demolition, and announce the demolition person, the demolition contractor, the demolition scope and the relocation period. And publicize the relevant demolition regulations and work systems.
City demolition office should supervise the demolition, demolition contractors and the demolition of the implementation of these measures, supervise and inspect the demolition activities, and protect the legitimate rights and interests of the demolition and demolition according to law.
Since the announcement of the demolition, within the scope of the demolition determined by the planning department, no transaction, division, exchange, alteration, expansion, new construction, production analysis, donation, lease, renovation of houses and other facilities shall be allowed, and the use of houses shall not be changed, and the house license shall not be changed.
Article 9 The relocation period shall not exceed 15 days from the date of the demolition announcement. Within the prescribed time limit, the people who move ahead of time can get rewards, and the reward expenses will be borne by the people who move. 50 yuan can be rewarded for each household moving 1 day in advance.
Tenth after the demolition scope is determined, the municipal demolition department shall notify the public security department to suspend the handling of household registration and household registration within the scope of demolition.
Eleventh residents shall abide by the following provisions:
(a) the demolition shall be carried out in strict accordance with the approved scope of demolition, and the approved scope and duration of demolition shall not be changed without authorization;
(two) according to the provisions of the relocation period and the demolition of compensation measures, resettlement location, resettlement area, household time, related expenses and liability for breach of contract and other content to sign a written agreement;
(three) before the relocation period, the water supply, power supply, heating, demolition of houses and roads shall not be stopped for those who have not moved;
(four) to ensure that the resettlement houses of the demolished people meet the national residential construction design specifications and the relevant provisions of the province;
(five) to ensure the resettlement area of the demolition;
(6) Ensure the demolition time, and the temporary relocation period of general projects shall not exceed 18 months.
Twelfth demolition contractors should sign an agreement with the demolition when undertaking the demolition. Abide by the provisions of these measures, and shall not undertake the demolition business without obtaining the demolition permit, and shall not take the opportunity to acquire houses and seek personal gain, and shall not infringe upon the lawful rights and interests of the demolition and the demolition, and shall not carry out the demolition by illegal means.
The main contents of the demolition commitment agreement: demolition compensation form, compensation amount, resettlement housing area, resettlement location, temporary relocation method, temporary relocation period, liability for breach of contract and other provisions that the parties think need to be concluded.
After the signing of the agreement, report to the Municipal Relocation Office for supervision and implementation.
Commissioned demolition fees, according to the provincial construction committee, the provincial price, the provincial department of finance unified standards.
Thirteenth individuals shall abide by the following provisions:
(a) obey the construction needs, move on time, and shall not delay or hinder the construction for an excuse;
(two) to be demolished houses and other facilities issued by the legal property certificate or certificate of use;
(three) after receiving the notice of entering the house, in accordance with the agreement, timely check and accept the resettlement house with the demolition person and enter the house on schedule;
(four) shall not be an excuse to seize the house.
Fourteenth in the relocation period announced by the competent department of housing demolition, the demolition and demolition shall sign a written demolition compensation agreement in accordance with the provisions of these measures. The demolition compensation agreement shall specify the compensation standard, compensation amount, payment method, payment time or compensation area, housing location, transition mode, transition period, payment of related expenses and other breach clauses and responsibilities deemed necessary by both parties.
After the signing of the agreement, you can apply to the notary office for notarization and report to the municipal relocation office for the record.
For the house demolition under legal custody, the custodian shall be the competent department of demolition, and the compensation and resettlement agreement must be notarized by a notary public, and the evidence shall be kept.
Fifteenth residents and residents in accordance with the provisions of the demolition consultation fails to reach an agreement, the city demolition office ruling.
If a party refuses to accept the ruling, it may apply for reconsideration to a higher authority or bring a lawsuit to a people's court according to law. During the period of reconsideration and litigation, if the demolisher has made arrangements for the demolished person or provided revolving houses, the execution of demolition shall not be stopped.
Sixteenth people who have been demolished refuse to move within the relocation period stipulated in the house demolition announcement without justifiable reasons, and the Municipal People's Government shall order them to move within a time limit. If it fails to move within the time limit, the Municipal People's Government shall instruct the relevant departments to forcibly move, or the competent department of demolition shall apply to the people's court for compulsory relocation.
The demolisher or the demolition contractor shall not arbitrarily carry out compulsory demolition of the demolished person.
Seventeenth after the relocation, the demolition or demolition contractor shall issue a demolition certificate. After the completion and acceptance of the new house, the demolisher or the demolition contractor shall be responsible for the check-in procedures, and the demolished person may move into the new house; For those who move in without authorization, move out within a time limit or refuse to move out, the demolition person or the demolition organizer may forcibly move out, and make them compensate for the losses, and be responsible for the losses caused by the rush to build houses.
Eighteenth city relocation office and resettlement files to strengthen management, and establish and improve the management rules and regulations.
Nineteenth public security, urban management and supervision, education, industry and commerce, food, power supply, water supply, heating and other departments and the units where the people are taken shall cooperate with the demolition authorities to do a good job in demolition and help solve practical problems.
Twentieth people should be taken in accordance with the relevant provisions of the state and the province to pay the demolition management fee to the city demolition office.
Chapter III Compensation and Resettlement for Demolition
Twenty-first people should be taken to the demolition of housing owners and users, in accordance with the provisions of these measures to give resettlement and compensation.
The user of the demolished residential house refers to a citizen who has a formal account, a legal property right certificate and a legal use certificate within the scope of demolition; The users of the demolished non-residential houses refer to the organs, organizations, enterprises, institutions and individual industrial and commercial households with offices, production and business premises within the scope of demolition. Those engaged in production and operation shall also hold a business license.
The production and business premises are determined by the nature of the premises approved by the planning department at the time of construction and renovation and indicated on the property certificate.
Twenty-second residential housing demolition and resettlement sites, according to the overall nature of new projects. New projects for residential, local resettlement users; If the new project is non-residential, the user shall be resettled; New projects are mainly residential, and users are mainly resettled in situ. Those who cannot be resettled can be resettled easily.
If you move from a place with a good urban environment to a place with a poor urban environment, the resettlement area 10% to 30% will be increased free of charge.
According to the requirements of urban planning, the demolition of non-residential houses can be placed on the spot or relocated.
Twenty-third households living in houses without legal property rights procedures are not considered as relocated households. However, those who have lived in 15 years or more, have formal household registration and food relations, have no other residence, have a house wall thickness of more than 37 cm, and have chimneys, heat preservation sheds and heating facilities will be compensated at 30% of the market transaction price and will not be resettled.
After the implementation of these measures, illegal buildings will be demolished free of charge and will not be resettled.
Twenty-fourth demolition of houses, according to the legal permission of the property owner or user marked the construction area of resettlement.
If the original house lease certificate or property right certificate does not indicate the construction area, the measured construction area shall prevail.
Twenty-fifth demolition requirements for resettlement of buildings, according to the resettlement building construction area cost and the original housing construction area evaluation price settlement price difference, and the price department approved the affordable housing price standard to adjust the floor price difference. The part exceeding the original construction area is purchased at the price of commercial housing.
The cost of the main project is subject to the final settlement price of the resettlement house.
Twenty-sixth demolition requires the implementation of property rights exchange, the demolition or demolition contractor shall be placed not less than the original area, not less than the original quality, the original function of the house.
Article 27 If the demolisher or demolition contractor demolishes houses owned by units and individuals, and the demolished person does not want property rights or resettlement, he must be appraised and priced by a qualified real estate appraisal firm of the Provincial Construction Committee, and purchase the original house at the market transaction price.
Twenty-eighth non-residential houses that have been demolished need to be relocated because they are not easy to be resettled on the spot, and the demolition person shall be responsible for the relocation or allocate the corresponding relocation investment and materials by himself.
Twenty-ninth residential housing demolition to solve the temporary housing, by the demolition of quarterly to be taken out of 50 yuan per person per month temporary relocation subsidies; Temporary relocation allowance of RMB 100 per person per month shall be paid quarterly if the period exceeds 18 months.
Demolition must be a one-time settlement of living allowance before entering the household.
If it is difficult to solve temporary housing by itself, the unit where the employee works will help with resettlement and subsidies will be given to the unit.
When moving, relocation expenses shall be paid, including one-time settlement and resettlement, one-time relocation expenses for each household in 300 yuan, temporary transitional relocation expenses and two relocation expenses for 600 yuan.
Thirtieth demolition of non-residential houses caused by the production and operation of the demolition caused economic losses, the demolition should be given appropriate compensation. The amount of compensation shall be settled by both parties and relevant departments through consultation.
Thirty-first demolition of non-residential housing users to solve the temporary relocation, the demolition of the original housing construction area per square meter of 50 yuan issued a one-time temporary relocation subsidy; By the demolition to help solve the temporary relocation of housing, not to temporary relocation subsidies.
Users who demolish non-residential houses and move to temporary relocation sites for production and business operations, and if they stop production or business during the relocation period, they will be given a one-time subsidy of 70 yuan per person according to the number of registered employees.
If it is impossible to carry out production and operation during the temporary relocation, and there is no other source of income, the living allowance will be given to the actual employees (including retirees who do not participate in overall planning) registered one month before the relocation 100 yuan per person per month; /kloc-200 yuan living allowance will be given to everyone over 0/8 months.
The employees of the demolished organs and institutions (excluding self-supporting units) do not receive living allowances.
Residents must pay a one-time living allowance before entering the house.
Units and individual industrial and commercial households that use illegal buildings to operate, regardless of whether they have business licenses, will not compensate for economic losses and temporary relocation subsidies.
Thirty-second illegal buildings within the scope of demolition, the owner should be removed within the relocation period, without compensation; If it is not removed within the time limit, it will be removed by the demolition person in order to arrive at the post.
Temporary buildings that have not been demolished within the time limit and buildings and their ancillary facilities that have not been approved by the planning department shall not be compensated.
Article 33 When demolishing houses managed by real estate management departments and houses with no legal heirs or unclear property rights, the demolisher shall, jointly with the real estate management departments, take photos of the current situation of the demolished houses and make detailed records. Housing files are managed by the real estate management department.
Thirty-fourth demolition of urban construction infrastructure or other public facilities, according to the relevant procedures of urban construction, the demolition should be not less than the original function and original scale of the demolition facilities to be built or compensated.
Chapter IV Legal Liability
Article 35 Where any staff member of the demolition department violates the provisions of these measures, neglects his duty, abuses his power or engages in malpractices for selfish ends, the unit to which he belongs or the competent department at a higher level shall, depending on the seriousness of the case, give him criticism and education or administrative sanctions, and confiscate or return his illegal income.
Thirty-sixth demolition contractors in violation of the provisions of these measures, given a warning by the demolition department, ordered to correct or cancel the qualification of undertaking demolition; Those who engage in malpractices for personal gain by taking the opportunity of demolition and interception of houses shall be returned; If economic losses are caused to residents, compensation shall be given.
Thirty-seventh without obtaining the demolition permit, unauthorized demolition or demolition according to the provisions of the demolition permit, shall be ordered to stop the demolition, compensation for economic losses, and impose a fine of 20 %+ 00% of the value of the buildings to be demolished; If the circumstances are serious, the person directly responsible and the person in charge shall be given administrative sanctions.
Article 38 If a unit that has not obtained a demolition permit is entrusted to carry out demolition, the client shall be given a warning, ordered to stop the demolition, compensated for economic losses, fined more than 5% 10% of the value of the demolished building, and the illegal income of the entrusted unit shall be confiscated.
Thirty-ninth people who are taken in violation of the agreement, refuse to move or seize the house, shall be ordered to move out or withdraw from the occupied house within a time limit, and shall be responsible for compensation, and shall be fined 100 to 1000 yuan by the municipal demolition department.
Fortieth if the punished party refuses to accept the decision on administrative punishment, he may, within 60 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the reconsideration decision. The parties may also directly bring a suit in a people's court. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Article 41 Where the relevant units and personnel, in violation of the provisions of these measures, abuse their powers, engage in malpractices for selfish ends and ask for houses or property by taking the opportunity of demolition, they shall return the houses, confiscate their illegal income, and the relevant departments shall give administrative sanctions to the persons in charge and the persons directly responsible.
Forty-second fines shall be paid in full to the financial department at the same level, and no unit or individual may intercept or divide them among themselves.
Forty-third in violation of the provisions of these measures, should be given public security punishment, handled by the public security organs; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Forty-fourth housing resettlement and compensation matters that have occurred before the implementation of these measures shall still be implemented in accordance with the relevant provisions of the original demolition and resettlement.
Forty-fifth approach by the Municipal Housing Authority is responsible for the interpretation of.
Forty-sixth matters not covered in these Measures shall be implemented in accordance with the relevant provisions of the state and the province.
Article 47 These Measures shall come into force as of the date of promulgation. 1998 The Implementation Measures for the Management of Urban Construction, Demolition and Resettlement in Heihe City adopted at the first executive meeting of Heihe Municipal People's Government on April 7, 1998 and the Interim Provisions on Urban Construction, Demolition and Resettlement in Heihe City No.6998 1998 shall be abolished at the same time.