Beijing’s laws, regulations, rules and measures related to rural collective land demolition

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The following is from my Baidu, from 2003.

"Measures for the Administration of House Demolition on Collective Land in Beijing" Beijing Municipal People's Government Order No. 124

Measures for the Administration of House Demolition on Collective Land in Beijing

Chapter 1 General Provisions

Article 1 In order to strengthen the management of house demolition on collective land, safeguard the legitimate rights and interests of the demolition parties, and ensure the smooth progress of urban and rural construction, in accordance with the "Land Management Law of the People's Republic of China" and other relevant laws and regulations, These measures are formulated based on the actual situation of this city.

Article 2 If collective land is requisitioned for state construction (hereinafter referred to as land acquisition) or collective land is occupied for rural construction (hereinafter referred to as land occupation) within the administrative area of ??this city and houses are demolished, compensation and compensation to the demolished persons are required. For resettlement, this method shall apply. Land acquisition and demolition of houses other than homestead sites shall be carried out in accordance with the relevant regulations of this city.

Article 3 The demolisher referred to in these Measures refers to the land-using unit that has been approved to requisition or occupy collective land in accordance with the law and has obtained a house demolition permit. The persons to be demolished as mentioned in these measures refer to the units or individuals that own the houses to be demolished.

Article 4 The Municipal Land, Resources and Housing Administration Bureau (hereinafter referred to as the Municipal Land, Resources and Housing Administration Bureau) is responsible for the management of housing demolition on collective land in this city; the district and county Land, Resources and Housing Administration Bureau (hereinafter referred to as the district and county The Land and Housing Administration Bureau) is responsible for the management of housing demolition on collective land within its administrative region.

Article 5 The district and county people’s governments and the township (minority township) and town people’s governments shall, in accordance with the responsibilities specified in these measures, do a good job in house demolition management within their own administrative regions.

Article 6 The demolisher shall provide compensation and resettlement to the demolished persons in accordance with the provisions of these Measures. The demolished persons shall complete the relocation within the specified relocation period.

Chapter 2 Demolition Management

Article 7 The land-using unit can only implement demolition after obtaining the house demolition permit.

Article 8 After obtaining the land acquisition or land occupation approval document, the land-using unit may apply to the district or county land and housing administration bureau to suspend the following matters within the land use scope:

(1) New Approval of homesteads and other construction land;

(2) Approval of new construction, reconstruction, and expansion of houses;

(3) Handling household registration and household division, but due to marriage, birth, return to the country , except for those who must settle down or split households due to reasons such as retiring from military service, transferring to other provinces or cities with approval to join immediate relatives, being released from prison, being released from reeducation through labor, etc.;

(4) Issuance of industrial and commercial business licenses;

(4) Issuance of industrial and commercial business licenses;

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(5) Leasing of houses and land;

(6) Changing the use of houses and land.

After the district or county land and housing management bureau approves the application of the land-using unit, it shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures, and make an announcement within the land-use scope. Notices and announcements should specify the scope of demolition, matters suspended, and the period of suspension. The suspension period shall be calculated from the date of announcement and shall not exceed 1 year at most. If the land-using unit really needs to extend the suspension period, it shall report to the district or county land and housing management bureau for approval, and the extension period shall not exceed half a year. During the suspension period, those who handle the matters listed in the first paragraph of this article without authorization will not be recognized when the house is demolished.

Article 9 If a land-using unit applies for issuance of a house demolition permit, it shall submit the following documents to the district or county land and housing management bureau where the house to be demolished is located:

(1) Land use approval document ;

(2) Planning approval documents;

(3) Demolition implementation plan;

(4) Documents proving housing resettlement or demolition compensation funds.

The district or county land and housing management bureau shall complete the review within 30 days from the date of receipt of the application; to those who meet the conditions, issue a house demolition permit, and report the demolisher, demolition scope, relocation period, etc. to the Announcement of evicted persons.

Article 10: For land acquisition and demolition of houses on homestead sites, the demolition implementation plan shall be drawn up by the demolisher in accordance with the provisions of Chapter 3 of these Measures and the approved land acquisition plan, and shall be implemented after approval by the district or county Land and Housing Management Bureau. .

If a house is to be demolished on land, the demolition implementation plan shall be drawn up by the demolisher, and shall be implemented after being reviewed by the township (minority township) and town people's government and reported to the district or county land and housing management bureau for record; among them, the demolition of old village reconstruction The implementation plan shall be discussed and approved by the villagers' meeting or villagers' representative meeting before being submitted to the township (minority township) or town people's government for review.

The demolisher shall publish the demolition implementation plan within the scope of demolition, and the period of publication shall be no less than 10 days.

Article 11 The demolisher and the person being demolished shall sign a written agreement on compensation and resettlement for house demolition. The agreement should stipulate the compensation and resettlement methods and standards, relocation period, liability for breach of contract, etc.

Article 12. Within the relocation period announced by the district or county land and housing management bureau, if the demolisher and the demolished do not reach a demolition compensation and resettlement agreement, upon the application of one or both parties, the district or county land and housing management bureau shall Housing Authority ruling.

If the relocation period stipulated in the ruling is expired and the demolition party refuses to relocate, if it is a house on the house site that is demolished by land acquisition, the district or county land and housing management bureau shall apply to the People's Court for enforcement; if it is a house demolished on land, the The parties concerned file a civil lawsuit with the People's Court in accordance with the law.

Chapter 3 Demolition Compensation and Resettlement

Article 13: Monetary compensation or housing resettlement may be implemented for the demolition of houses on homestead sites. In areas where conditions permit, additional homestead sites may also be approved. .

Article 14 If monetary compensation is provided for the demolition of houses on homestead sites, the demolisher shall pay compensation to the demolished persons. The compensation amount is determined based on the replacement price of the demolished house and the location compensation price of the homestead. The evaluation rules for replacing houses with new prices and the calculation methods for homestead location compensation prices are formulated and announced by the Municipal Land and Housing Management Bureau. If monetary compensation is provided to the demolished persons in accordance with the provisions of the preceding paragraph, housing resettlement will no longer be carried out or housing sites will be reviewed and approved separately.

Article 15 If houses on homestead sites are demolished and resettled with houses on state-owned land, the demolisher and the person being demolished shall determine the compensation for demolition in accordance with the provisions of Paragraph 1 of Article 14 of these Measures and coordinate with them. The market assessment price of the resettlement houses will be used to settle the price difference; except for those who are resettled with affordable housing in accordance with the regulations of the Municipal People's Government. Rural collective economic organizations or villagers committees, as the demolishers, carry out demolition and resettlement the demolished persons with houses within the scope of the collective construction land, after discussion and approval by the villagers meeting or villager representative meeting and reported to the township (minority township) or town people's government for approval , the resettlement can be based on the construction area of ??the demolished houses, or the resettlement can be based on the family population of the demolished people. If other demolishers entrust rural collective economic organizations or village committees to resettle the demolished persons, they may refer to the provisions of paragraph 2 of this article.

Article 16 When rural collective economic organizations or villagers committees build resettlement houses on collective land, they must comply with urban planning, land use planning and annual plans, and obtain land use and planning permissions in accordance with the law.

Article 17 Rural collective economic organizations or villagers committees, as the demolishers, demolish houses on homestead sites. In areas where conditions permit, they may separately review and approve the homestead sites to be demolished in accordance with the provisions of land management laws, regulations and rules. The demolishers build their own houses and will be compensated for the demolished houses at their new value.

If other demolishers entrust rural collective economic organizations or village committees to resettle the demolished persons, they may refer to the provisions of the preceding paragraph.

Article 18 The area of ??the homestead identified in the demolition compensation shall be legally approved and shall not exceed the control standard. Homestead sites without legal approval will not be recognized.

No compensation will be given for the portion of legally approved homestead land that exceeds the control standards; however, for the portion of legally approved homestead land that exceeds the control standards before 1982, appropriate compensation may be provided in accordance with the regulations of the district and county people's governments. compensate. The control standards for the homestead area of ??each household shall be implemented in accordance with the standards determined by the district and county people's governments in accordance with Article 6 of the "Several Provisions of the Beijing Municipal People's Government on Strengthening the Management of Housing Land Used by Rural Villagers".

Article 19 The building area of ??the house on the homestead site shall be determined in the demolition compensation, based on the area indicated on the house ownership certificate; if the house ownership certificate has not been obtained but has the building construction document approved by the planning administrative department, the area shall be determined in accordance with the Approved construction area determination. For houses that have been built on the homestead site before the implementation of these measures and have not obtained the house ownership certificate and the building construction documents approved by the planning administrative department, but are indeed occupied by the demolished persons for a long time, appropriate compensation shall be given. For houses to be demolished due to land acquisition, the compensation rate shall be determined by the township (minority township) or town people's government based on the actual local conditions, and shall be reported to the district or county people's government for approval before implementation; for houses to be demolished on land, the compensation rate shall be determined by the rural collective economic organization or the villagers The committee determines and reports to the township (minority township) or town people's government for approval before implementation. After the implementation of these Measures, any newly built, renovated or expanded houses on homestead sites that have not obtained the house ownership certificate or the building construction documents approved by the planning administrative department will not be recognized when demolishing the houses.

Article 20 If rural villagers meet the conditions for homestead approval but have not actually obtained the homestead, and have real difficulty in resettling according to the demolition implementation plan, the demolisher shall provide appropriate subsidies in accordance with the regulations of the district or county people's government. . Except where the demolition implementation plan determines that compensation and resettlement will be provided through separate approval of homestead sites.

Article 21 Compensation for land acquisition and demolition of houses other than house sites shall be implemented with reference to the relevant regulations on land acquisition and demolition.

Article 22 For those who use their own houses in the homestead to engage in production and business activities and hold industrial and commercial business licenses, the demolisher shall not only provide compensation and resettlement in accordance with the provisions of these measures, but also shall make appropriate compensation Economic losses caused by suspension of production and business. Among them, the economic loss compensation standards for land acquisition and demolition of houses shall be stipulated by the district and county people's governments; the economic loss compensation standards for land acquisition and demolition of houses shall be stipulated by the township (minority township) and town people's governments and reported to the district and county people's governments for record.

Article 23 The demolisher shall pay relocation subsidies to the demolished persons. The relocation subsidy for land acquisition and demolition of houses shall be stipulated by the district and county people's governments; the relocation subsidy for houses to be demolished shall be stipulated by the township (minority township) and town people's governments and reported to the district and county people's governments for record.

Article 24 No compensation will be given for the demolition of illegal buildings and temporary buildings that have exceeded the approved period; for demolition of temporary buildings that have not exceeded the approved period, appropriate compensation will be given based on the replacement price and the remaining period.

Chapter 4 Legal Responsibilities

Article 25 If anyone violates the provisions of Article 7 of these Measures and carries out house demolition without obtaining a house demolition permit, the municipal or district or county land and resources department shall The housing authority ordered the demolition to stop and imposed a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Article 26 If the municipal, district or county land and housing management bureau violates the provisions of these Measures in issuing a house demolition permit and other approval documents, or fails to perform its supervision and management responsibilities after issuing a house demolition permit and other approval documents , or if illegal acts are not investigated and dealt with, the directly responsible person in charge and other directly responsible personnel will be given administrative sanctions in accordance with the law; if the circumstances are serious, causing heavy losses to public property, the interests of the country and the people, and constituting a crime, they will be investigated in accordance with the law. criminal responsibility.

Chapter 5 Supplementary Provisions

Article 27: The construction of water conservancy and hydropower projects, the construction of green isolated areas, the relocation of farmers in poor mountainous areas, and the relocation of houses due to geological disasters involving the demolition of collective land , this method does not apply.

Article 28 These Measures shall come into effect on August 1, 2003.

If a demolition announcement has been issued before the implementation of these measures, this measure does not apply.

Beijing Municipal Land Resources and Housing Administration