Guizhou immigrant demolition

Measures for the Administration of Urban House Demolition in Guizhou Province

Chapter I General Provisions

Article 1 In order to strengthen the management of urban house demolition, ensure the smooth progress of urban construction, and protect the legitimate rights and interests of the parties involved in the demolition, these Measures are formulated in accordance with the Regulations on the Administration of Urban House Demolition and other relevant laws and regulations, combined with the actual situation of this province.

Second in the implementation of housing demolition on state-owned land within the urban planning area of this province, it is necessary to compensate and resettle the demolished people, and these Measures are applicable.

The term "appendages" as mentioned in these Measures refers to the affiliated buildings or structures related to the main building of the house.

Urban housing demolition must conform to the principles of urban planning and conducive to the transformation of old areas and the control of population density, and be carried out within the prescribed scope of demolition.

Article 3 The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the house demolition permit according to law; Demolition refers to the owner of the demolished house and its appendages (including the custodian and manager of the state-owned house and its appendages authorized by the state, the same below).

The measures referred to in urban housing demolition units (hereinafter referred to as housing demolition units) refers to the units that have obtained the qualification certificate of housing demolition according to law, accepted the entrustment of demolition, mobilized demolition, organized the signing and implementation of compensation and resettlement contracts, and organized the demolition of houses and their attachments.

Fourth demolition should follow the principle of compensation first and resettlement later. Demolition must be in accordance with the provisions of these measures, the demolition of compensation and resettlement; The person to be demolished must obey the needs of urban construction and complete the relocation within the specified relocation period.

Fifth provincial people's government construction administrative departments in charge of the province's urban housing demolition work. The real estate (construction) administrative department of the people's government at or above the county level (hereinafter referred to as the house demolition management department) is in charge of the urban house demolition work within its administrative area.

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.

Article 6 Units and individuals that have made remarkable achievements in urban house demolition shall be commended and rewarded by the people's governments at or above the county level or the house demolition management department.

Chapter II Demolition Management

Seventh units that need to demolish houses must apply to the house demolition management department of the people's government at or above the county level, and can only be demolished after obtaining the house demolition permit after examination and approval.

To apply for a house demolition permit, the following materials shall be submitted:

(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 contents of the demolition plan include: the scope of demolition, the implementation steps of demolition, the total number of households to be demolished, the resettlement plan for the demolished, the estimated subsidy fee, the start time and end time of demolition.

The house demolition management department shall, within 30 days from the date of receiving the application, review the application matters; Upon examination, if it meets the requirements, a house demolition permit will be issued.

The implementation of house demolition shall not exceed the scope and duration of demolition approved by the house demolition management department.

After the demolisher and the property owner of the demolished house sign the "Demolition Compensation and Resettlement Contract", they must apply to the real estate management department for cancellation of the "House Ownership Certificate" of the demolished house within 30 days; If the house is repaid by means of property right exchange, the demolisher shall, within 90 days, run the "House Ownership Certificate" for the property right exchange house of the owner of the house to be demolished. Xianfang is calculated from the effective date of signing the demolition compensation and resettlement contract, and faster is calculated from the date of completion and delivery.

If the house demolition involves changing the land use right, it shall go through the relevant formalities with the land administrative department before the demolition and obtain the land use right according to law.

Housing demolition involving changes in state-owned assets shall be handled in accordance with the relevant provisions.

Eighth approved by the housing demolition management department, the demolition can be taken by themselves or entrusted with the demolition.

Commissioned by the demolition, the client must be a house demolition unit with a house demolition qualification certificate issued by the provincial construction administrative department. The entrusted demolition unit must sign a demolition contract with the demolished person in the name of the client and may not transfer the demolition business.

Units that demolish houses by themselves must report to the house demolition management department for examination and approval.

The house demolition management department shall not accept the entrustment of demolition or designate the demolition unit.

Article 9 Demolition of houses must be carried out by construction enterprises with blasting qualification and demolition project contracting enterprises. Before demolition, the demolition construction scheme and safety measures must be drawn up, and the relevant formalities shall be handled by the relevant local administrative departments.

Tenth house demolition must obey the unified management of the local house demolition management department, and the demolition staff must undergo on-the-job training and pass the examination before they can take up their posts with certificates.

Eleventh housing demolition management department shall, after issuing the "Housing Demolition Permit", promptly announce the demolition person, demolition project, demolition scope, demolition procedure, demolition period and other related matters in the form of announcement.

Demolition and housing demolition management departments should do a good job in the publicity and interpretation of relevant policies to the demolition before the house demolition.

When the contents of the Demolition Permit change, it shall be re-declared in accordance with the provisions of Article 7 of these Measures.

Article 12 After the announcement of house demolition, if the ownership of the demolished house is disputed, the demolished person may lodge a complaint with the local real estate management department at or above the county level within the time limit stipulated in the announcement, and the real estate management department will handle it; You can also bring a lawsuit to the people's court. The documents and materials provided by residents on the ownership of houses must be legally binding.

If the dispute is not resolved within the prescribed time limit announced by the house demolition management department, the demolition person shall propose a compensation and resettlement plan, report it to the house demolition management department of the people's government at or above the county level for approval, and go to the notary office for evidence preservation.

Thirteenth in the housing demolition management department notice within the time limit, the demolition and relocation of people should sign a written compensation and resettlement contract. Its main contents should include:

(a) The form and amount of compensation;

(two) the quality, function, environment, area, location and grade of the property right exchange house;

(three) relocation period, relocation transition mode and transition period;

(4) Liability for breach of contract and dispute settlement methods;

(5) Other terms agreed by the parties.

Fourteenth construction project transfer, relocation compensation, resettlement has not yet been completed, it should be approved by the housing demolition management department, the original demolition agreement stated in the relevant rights and obligations will be transferred to the project assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, inform the demolished person in writing and make an announcement.

When a construction project is transferred, the transferor and the transferee shall go through the alteration formalities at the house demolition management department within 5 days from the date of signing the transfer contract.

Fifteenth demolition and relocation of people can not reach an agreement on compensation and resettlement through consultation, you can apply for a ruling to the house demolition management department that approved the demolition. If the person being demolished is the house demolition management department that approved the demolition, it shall be decided by the people's government at the same level.

The ruling department shall make a ruling within 30 days from the date of accepting the application for ruling.

If a party refuses to accept the decision, he may bring a suit in a people's court within 90 days from the date of receiving the award. During the litigation, if the demolisher has made compensation and resettlement for the demolished person or provided transitional housing, the execution of demolition shall not be stopped.

Article 16 After the demolisher and the demolished person sign 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 according to law, 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.

Article 17 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government of the city or county (special zone) where the house is located shall instruct the relevant departments to forcibly move, or the house demolition management department shall apply to the people's court for compulsory move according to law.

Eighteenth compulsory demolition shall apply to the notary public for evidence preservation. When compulsory execution, the unit where the person subjected to execution belongs and the grass-roots organization where the house is demolished shall send people to assist in execution; The executing organ shall record the compulsory execution process and the relocated property in the record, which shall be signed or sealed by the executing personnel and the assistants of the grass-roots organizations. When forced demolition, the person subjected to execution shall be notified to be present. If the person subjected to execution refuses to be present, the forced demolition will be carried out as usual; The property moved out shall be sent to the designated place by the executing organ and delivered to the person subjected to execution, and the losses caused by the refusal of the person subjected to execution shall be borne by the person subjected to execution; Before delivering the property to the person subjected to execution, the executing organ shall properly keep the property, and the expenses for keeping it shall be borne by the person subjected to execution.

Nineteenth in order to protect the legitimate rights and interests of the demolition, the house demolition management department can supervise the use of compensation and resettlement funds for demolition and the houses repaid by property rights exchange. The specific measures shall be determined by the people's governments of cities and counties (special zones).

Chapter III Compensation and Resettlement for Demolition

Twentieth demolition should be the owner of the demolished house and its attachments, compensation and resettlement in accordance with the provisions of these measures.

After the announcement of demolition, the demolished person will not compensate for the decoration, demolition and decoration of the demolished house and its appendages.

Demolition of illegal buildings and temporary buildings beyond the time limit, no compensation or resettlement.

Twenty-first demolition compensation way to implement property rights exchange or monetary compensation.

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

The amount of monetary compensation is determined according to the location, use, construction area and other factors of the house to be demolished, and based on the evaluation price of the real estate market.

The market evaluation price of the house to be demolished is evaluated by an institution with real estate evaluation qualification in accordance with the "Code for Real Estate Evaluation".

Twenty-second repayment of housing property rights exchange, repayment of the construction area is equal to the original construction area, it should be based on the same lot of commercial housing market price settlement structure and the new price difference; Repayment of the part of the construction area exceeding the original construction area shall be settled according to the market price of commercial housing in the same lot; Repayment of the part with the construction area less than the original construction area shall be settled according to the market price of commercial housing in the same lot, combined with the structure and new settlement.

After the above settlement, the expenses that should be replenished to the demolished people will be benefited by the house owner; The expenses that should be paid by residents shall be paid by the owner of the house.

Twenty-third houses through property rights exchange, planning, planning, construction and other ways to repay. Must comply with the provisions of relevant laws and regulations, comply with relevant national standards and norms, and pass the acceptance.

Twenty-fourth of the good location of the property right exchange to the poor location, the area of the property right exchange housing can be appropriately increased or subsidized, the specific standards are determined by the people's government of the city and county (Special Zone).

Twenty-fifth for non-residential housing placement, the use of property rights exchange, should be based on the market value of their respective houses to make up the difference, the specific standards are determined by the people's governments of cities and counties (special zones).

Twenty-sixth demolition of rental housing, the demolition and the lessee have a lease relationship, or the demolition and the lessee for housing, the demolition only to compensate the demolition.

If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolition compensation shall be subject to property right exchange. The original lease relationship shall be maintained and the original lease contract shall be revised accordingly. The rent of public non-residential houses shall be determined by both parties through consultation according to the market rent, and the rent of public residential houses shall be set by the government.

Twenty-seventh municipal engineering construction and public * * * building construction within the scope of demolition of residential houses and non-residential houses, monetary compensation or exchange of property rights in different places.

Article 28 If the mortgaged house is demolished and property rights are exchanged, the mortgagee and mortgagor shall re-sign the mortgage agreement. If the mortgagee and mortgagor fail to reach a mortgage agreement within the time limit stipulated in the announcement of the house demolition management department, the demolition shall be carried out with reference to Article 12 of these Measures.

If the mortgaged house is demolished and monetary compensation is implemented, the mortgagee and mortgagor shall re-set the mortgage or the mortgagor shall pay compensation after paying off the debt.

Twenty-ninth in the form of property rights exchange to repay the housing can not be solved immediately, the demolition should be taken to provide transitional housing turnover, or with the consent of the demolition of their own temporary transition. The transition period shall be clearly stipulated in the agreement, but the self-transition period shall not exceed two years.

Demolition of non-residential houses caused by the suspension of production and business, the demolition should be given appropriate subsidies in accordance with the local minimum wage standard.

Thirtieth demolition of housing users because of the relocation, relocation subsidies paid by the demolition. Moving subsidy standard: if a residential house is demolished, it shall be calculated according to the construction area of the demolished house per square meter 1- 10 yuan; Demolition of non-residential houses, according to the demolition of housing construction area of 5-20 yuan per square meter. The people's governments of cities and counties (special zones) can determine the specific amount within the scope of this standard.

Thirty-first demolition of housing users in the transition period to solve the transition housing, the demolition should pay temporary resettlement subsidies. Temporary resettlement subsidy standard: for the demolition of residential houses, it shall be calculated according to the construction area of the demolished houses per square meter per month 1- 10 yuan; Demolition of non-residential houses, according to the demolition of housing construction area per square meter per month 2-20 yuan. The people's governments of cities and counties (special zones) can determine the specific amount within the scope of this standard.

Within the prescribed transition period, the relocation of people to provide transitional housing turnover, do not pay temporary resettlement subsidies.

Thirty-second demolition, demolition of housing users should abide by the transition period agreement, the demolition shall not extend the transition period without authorization; Provided by the demolition of the housing turnover, the demolition shall not refuse to move to the resettlement housing and not vacate the housing turnover.

Article 33 If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy will be increased on the basis of the original temporary resettlement subsidy from the overdue month, and the increase standard is: if it is overdue for less than half a year, it will be increased by 25%; Overdue for half a year and less than one year, an increase of 50%; An increase of 75% if it is overdue for one year and less than two years; If it is overdue for two years and less than three years, it will increase by100%; Overdue for more than three years, the demolition must take measures to be placed, not placed, on the basis of the original temporary resettlement subsidy standard increased by 500%. ? Due to the responsibility of the demolition, the transitional period of the demolished house provided by the demolition is extended, and the temporary resettlement subsidy shall be paid according to the standard stipulated in the first paragraph of Article 31 of these Measures from the overdue month.

Thirty-fourth demolition to the planning and management departments, real estate management departments, land administrative departments in accordance with the law for housing and land use change registration, without the approval of the residential housing into non-residential housing, still according to the residential housing compensation and resettlement.

Chapter IV Punishment

Thirty-fifth in violation of the provisions of these measures, the housing demolition management department shall give administrative punishment in accordance with the relevant provisions of the Regulations on the Administration of Urban Housing Demolition.

Thirty-sixth demolition in violation of these measures, causing economic losses to the demolition, shall bear civil liability for compensation.

Thirty-seventh housing demolition management departments in accordance with the measures for the implementation of fines, fines should be issued by the provincial finance department printed receipt, and turned over to the state treasury in full.

Article 38 If the house demolition management department of the people's government at or above the county level issues the house demolition permit and other approval documents in violation of 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.

Thirty-ninth abuse, assault housing demolition staff, refuse or hinder the housing demolition staff to perform official duties, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Fortieth in the urban planning area, the demolition of villagers' houses should be carried out in accordance with the fact that one household can only own one homestead. The land quota and specific standards for villagers to build houses shall be implemented in accordance with the Regulations of Guizhou Province on Land Management and relevant regulations.

Forty-first city and county people's governments can formulate specific measures according to these measures and local conditions.

Article 42 These Measures shall come into force as of July 6, 2000.

Edit the decision of Guizhou Provincial People's Government on amending the Measures for the Administration of Urban House Demolition in Guizhou Province. The Decision of Guizhou Provincial People's Government on Amending the Measures for the Administration of Urban House Demolition in Guizhou Province, which was adopted at the 55th executive meeting of the provincial people's government on June 6, 2002, is hereby promulgated and shall come into force on February 0, 2002. Governor: Shi Xiushi.

Decision of the People's Government of Guizhou Province on Amending the Measures for the Administration of Urban House Demolition in Guizhou Province

According to the Regulations on the Administration of Urban House Demolition promulgated by the State Council on June 3, 20001year, the people's Government of Guizhou Province has decided to make the following amendments to the Measures for the Administration of Urban House Demolition in Guizhou Province:

First, the first paragraph of Article 2 is amended as: "These Measures shall be applicable to the implementation of house demolition on state-owned land within the urban planning area of this province, which requires compensation and resettlement for the people to be demolished".

Two, delete the "construction unit", "or individual" and "users of demolished houses and their attachments" in the first paragraph of Article 3.

Delete Article 5.

Article 6 is renumbered as Article 5, and one paragraph is added as the third paragraph: "The land administrative departments of the people's governments at or above the county level shall be responsible for land management related to urban house demolition in accordance with the provisions of relevant laws and administrative regulations".

3. Paragraph 1 of Article 8 is changed to Paragraph 1 of Article 7, which is amended as: "Units that need to demolish houses must apply to the house demolition management department of the people's government at or above the county level, and can only demolish houses after examination and approval."

One paragraph is added as the second paragraph: "To apply for a house demolition permit, the following materials shall be submitted:

(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;

(5) A certificate of compensation and resettlement funds issued by a financial institution handling deposit business ".

One paragraph is added as paragraph 4: "The house demolition management department shall examine the application within 30 days from the date of receiving the application; After review, if it meets the requirements, it will be issued with a house demolition permit. "

Paragraph 4 is changed to paragraph 6, in which "should" is changed to "must be within 30 days" and "three months" is changed to "90 days".

Four. Article 9 is renumbered as Article 8, and after the second paragraph, it is added: "The entrusted demolition unit must sign a contract with the demolished person in the name of the client and may not transfer the demolition business".

One article is added as Article 9: "Demolition of houses must be carried out by a construction enterprise with the professional contracting qualification of blasting demolition engineering. Before demolition, the demolition construction plan and safety measures must be drawn up, and the relevant procedures must be handled with the relevant local administrative departments. "

Item (3) of Article 13 is amended as "relocation period, relocation transition mode and transition period".

Six, delete fourteenth.

Article 15 is renumbered as Article 14, and the first paragraph is amended as: "If the compensation and resettlement for demolition have not been completed when the construction project is transferred, it shall be approved by the house demolition management department, and the relevant rights and obligations agreed in the original demolition agreement shall be transferred to the project assignee.

The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, inform the demolished person in writing and make an announcement. "

Sixteenth is changed to fifteenth, and the "ruling is approved by the competent department of house demolition" in the first paragraph is changed to "all people can apply to the competent department of house demolition for a ruling"; In the third paragraph, "15 days" is changed to "90 days".

7. One article is added as Article 16: "If the demolished person or lessee refuses to move within the relocation period after the demolition compensation and resettlement agreement is signed between the demolished person and the demolished person, 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 compulsory execution according to law. "

Eight. Article 17 is amended as: "If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government of the city or county (special zone) where the house is located shall instruct the relevant departments to forcibly move, or the house demolition management department shall apply to the people's court for compulsory relocation according to law".

In Article 18, "If the person subjected to execution refuses to be present at the scene or refuses to accept the financial assets and causes losses, the person subjected to execution shall bear the responsibility" is amended as: "The property moved out shall be transported to the designated place by the executing organ and delivered to the person subjected to execution, and the losses caused by the refusal of the person subjected to execution shall be borne by the person subjected to execution; Before delivering the property to the person subjected to execution, the executing organ shall properly keep the property at the expense of the person subjected to execution. "

Paragraph 3 of Article 20 is amended as: "Demolition of illegal buildings and temporary buildings exceeding the time limit shall not be compensated or resettled".

Nine, the first paragraph of Article 21 is amended as: "The compensation for demolition is property right exchange or monetary compensation".

The third paragraph is amended as: "The amount of monetary compensation shall be determined according to the location, use, construction area and other factors of the house to be demolished, and according to the appraised price of the real estate market".

The fourth paragraph is amended as: "The market evaluation price of the house to be demolished shall be evaluated by an institution qualified for real estate evaluation in accordance with the Code for Real Estate Evaluation".

10. Article 26 and Article 27 are merged into Article 26, which is amended as: "When the leased house is demolished, if the demolished person and the lessee dissolve the lease relationship, or if the demolished person resettles the lessee, the demolished person will only compensate the demolished person.

If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolition compensation shall be subject to property right exchange. The original lease relationship shall be maintained and the original lease contract shall be revised accordingly. The rent of public non-residential houses shall be determined by both parties through consultation according to the market rent, and the rent of public residential houses shall be set by the government. "

Eleven, twenty-eighth to twenty-seventh, in which "all resettlement" is amended as "monetary compensation or exchange of property rights in different places".

Twelve, delete thirty-first.

Thirty-third is changed to thirty-first, in which "temporary transitional subsidy" is changed to "temporary resettlement subsidy".

13. Article 35 is changed to Article 33. In the first paragraph, "the user of the demolished house who arranges temporary transition by himself extends the transition period" is amended as: "the user of the demolished house who arranges residence by himself extends the transition period due to the responsibility of the demolished person"; "Temporary transition fee", "temporary transition subsidy" and "transition fee" are changed to "temporary resettlement subsidy".

The second paragraph is amended as: "If the user of the demolished house who provides the revolving transitional house is required to extend the transitional period due to the responsibility of the demolished person, he shall pay the temporary resettlement subsidy according to the standard stipulated in the first paragraph of Article 31 of these Measures from the overdue month".

Article 36 is renumbered as Article 34, and "planning management department" is added before "real estate management department", in which "registration of change of house use" is amended as "registration of change of house and land use".

Fourteen, the fourth chapter "legal liability" is amended as "punishment", and articles 37, 38 and 40 are deleted.

One article is added as Article 35: "Anyone who violates the provisions of these Measures shall be given administrative punishment by the house demolition management department in accordance with the relevant provisions of the Regulations on the Administration of Urban House Demolition".

15. Article 43 is changed to Article 38 and amended as: "If the house demolition management department of the people's government at or above the county level issues the house demolition permit and other approval documents in violation of regulations, fails to perform the supervision and management duties after issuing the house demolition permit and other approval documents, or fails to investigate and deal with the 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 and constituting a crime, criminal responsibility shall be investigated according to law. "

Sixteen, Article 44 is changed to Article 40 and amended as: "In the urban planning area, a villager's house is demolished, and a household can only own one homestead for resettlement. The land quota and specific standards for villagers to build houses shall be implemented in accordance with the Regulations of Guizhou Province on Land Management and relevant regulations ".

In addition, the text and order of some articles have been adjusted and revised accordingly.

This decision shall come into force as of February 6, 2002.

The "measures" management of urban housing demolition in Guizhou Province shall be revised according to this decision and re released.