Agreement on relocation and evacuation of migrants

Article 1 In order to strengthen the management of urban house demolition and safeguard the legitimate rights and interests of the parties involved in the demolition, these rules are formulated in accordance with the Regulations of the State Council on the Management of Urban House Demolition and combined with the actual situation of this province.

Article 2 Where houses and their attachments need to be demolished due to construction on the state-owned land in the urban planning area of this province, these Rules shall apply.

Article 3 The term "demolisher" as mentioned in these Detailed Rules refers to the construction unit or individual who has obtained the house demolition permit; The term "demolished person" as mentioned in these Measures refers to the owner or user of the demolished house and its appendages (including the custodian and manager of the state-owned house and its appendages authorized by the state).

Fourth urban housing demolition must conform to the urban planning, which is conducive to the transformation of old urban areas.

Fifth people must be taken in accordance with the provisions of these rules, 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.

Sixth provincial urban and rural construction department in charge of the province's urban housing demolition work.

The real estate administrative departments of the people's governments at or above the county level shall be in charge of urban house demolition within their respective administrative areas.

Seventh people's governments at or above the county level shall strengthen the leadership of urban housing demolition work. Planning, public security, industry and commerce, price, power supply, communications and other departments and sub-district offices shall, according to their respective responsibilities, cooperate with the competent departments of housing demolition to do a good job in the management of urban housing demolition.

Chapter II General Principles of Demolition Management

Article 8 Units or individuals that need to demolish houses must submit an application for demolition to the competent department of house demolition of the people's government at or above the county level with the approval documents stipulated by the state, the demolition and resettlement plan and the red line map of the scope of demolition approved by the urban planning department, and receive the Permit for Urban House Demolition in Hubei Province after approval. If the house demolition needs to change the land use right, the land use right must be obtained according to law.

The permit for urban house demolition in Hubei Province is uniformly issued by the Provincial Department of Urban and Rural Construction.

Ninth according to the comprehensive development of the old district reconstruction planning demolition area, unified demolition by the local people's government. Demolition work scattered, small-scale, can be taken by the demolition or commissioned by the demolition. Commissioned by the demolition, the client should be confirmed by the provincial urban and rural construction department and issued a certificate of housing demolition qualification units.

The competent department of house demolition shall not accept the entrustment of demolition.

Tenth after the demolition scope is determined, the competent department of housing demolition shall notify the public security, industry and commerce, street offices and other departments and units to suspend the formalities of household registration, household registration, business license and housing property rights certification within the demolition scope. If it is really necessary to enter the household because of childbirth, military retirement, marriage, and release from prison, it must be approved by the people's government at or above the county level.

Eleventh once the demolition permit is issued, the competent department of housing demolition shall announce the demolition, demolition scope, relocation period and other matters in the form of housing demolition announcement or other forms.

After the announcement, the competent department of house demolition shall do a good job in publicity and explanation in a timely manner.

Twelfth in the housing demolition notice within the time limit, the demolition and demolition should be in accordance with the provisions of these rules, signed a written agreement on compensation, resettlement and other issues. After the agreement is signed and reported to the competent department of house demolition for the record, the demolition can be implemented.

The agreement shall specify the compensation form, compensation amount, resettlement place, resettlement area, relocation transition mode and time limit, liability for breach of contract and other terms deemed necessary by both parties.

After the agreement is signed, you can go to the notary office for notarization.

Demolition of houses managed by the demolition department, the compensation and resettlement agreement must be notarized by a notary office, and the evidence must be preserved.

Thirteenth demolition and demolition can not reach an agreement within the time limit stipulated in the announcement of house demolition, which shall be decided by the competent department of house demolition that approved the demolition. If the person being demolished is the competent department of house demolition that approved the demolition, it shall be decided by the people's government at the same level.

If a party refuses to accept the decision, he may bring a suit in a people's court within 15 days from the date of receiving the award. During the litigation, if the demolisher has resettled the demolished person or provided the revolving house, the execution of the demolition shall not be stopped.

Fourteenth in the housing demolition notice or in accordance with the provisions of Article thirteenth of these rules, the demolition period, the demolition of people without justifiable reasons to refuse the demolition, the people's governments at or above the county level may order the demolition within a time limit. If the house is not demolished within the time limit, the people's government at or above the county level shall instruct the relevant departments to carry out compulsory demolition, or the competent department of house demolition shall apply to the people's court for compulsory demolition.

Fifteenth housing units departments have the right to inspect the demolition activities. The inspected shall truthfully provide information and materials. Inspectors have the responsibility to keep technical and commercial secrets for the inspected.

Sixteenth housing demolition departments should establish and improve the demolition files, strengthen the management of demolition files.

Seventeenth housing demolition departments (except for the full financial allocation of business expenses), can charge management fees to the demolition according to 0.5% to 0% of the compensation and resettlement expenses for housing demolition.

Management fee income in accordance with the relevant provisions of the management of extrabudgetary funds, the implementation of financial accounts storage, earmarking.

Eighteenth laws and regulations on the demolition of military facilities, communication facilities, cultural relics, religious sites and other provisions, from its provisions.

Chapter III Compensation for Demolition

Nineteenth demolition compensation should take the form of property rights exchange, pricing compensation or a combination of property rights exchange and pricing compensation.

Twentieth in the form of property rights exchange to repay the non residential housing, to repay the construction area and the original construction area is equal to the part, according to the replacement price settlement structure difference; Repayment of the part of the construction area exceeding the original construction area shall be settled at the price of commercial housing; The part that repays the construction area less than the original construction area shall be combined into a new settlement at the replacement price.

Article 21 For self-run and private residential houses repaid by property right exchange, the structural price difference shall be settled according to the unilateral construction cost of the house and the replacement price of the original house (if the new rate of the original house is less than 60%, the price difference shall be made up according to the standard of 60%); Over the original housing construction area, within the resettlement standard, according to the unilateral construction cost settlement, over the resettlement standard, according to the commercial housing price settlement; Less than the original housing construction area, according to the original housing replacement price settlement.

The location difference of property right exchange of residential houses can be compensated. Specific compensation measures shall be formulated by the municipal and county people's governments.

Due to the inseparable nature, if the total resettlement area does not increase by more than three square meters, it shall be settled according to the construction cost of the repaid house itself.

Demolition of residential houses directly managed by the housing management department shall return the property rights to the resettlement construction area.

Twenty-second pricing compensation, according to the original construction area of the house to be demolished, the replacement price is combined into a new settlement.

Twenty-third demolition of houses and their attachments used for public welfare undertakings, the demolition should be based on its original nature, original scale, in accordance with urban planning arrangements for reconstruction and repayment, or according to the replacement price compensation, compensation is still used for public welfare undertakings.

Article 24 The appraised price, newly appraised replacement price and unilateral cost of newly-built houses of demolished houses and their appendages shall be approved by the real estate administrative department of the people's government at or above the county level jointly with the price department, and adjusted appropriately every year according to the price changes.

Twenty-fifth demolition of rental housing, property rights should be exchanged, and the original lease relationship will continue. If the terms of the original lease contract change due to demolition, the contract shall be amended accordingly.

Twenty-sixth demolition of controversial houses, the demolition of compensation and resettlement program, submitted to the competent department of housing demolition at or above the county level for approval before the implementation of the demolition. Before the demolition, the competent department of house demolition shall organize the demolition to carry out survey records on the demolished houses, and go to the notary office for evidence preservation.

Twenty-seventh demolition of housing accessories, not the construction area as the unit of calculation, not the implementation of property rights exchange, the demolition of appropriate compensation.

Twenty-eighth demolition of illegal buildings and temporary buildings that have exceeded the approved period and have been used indefinitely for two years will not be compensated. Demolition of temporary buildings that have not been used for two years beyond the approved period shall be compensated at 10% to 50% of the replacement price according to the use time.

Twenty-ninth due to poor demolition work, so that urban communication cables, power supply lines, pipeline facilities suffered damage, the demolition should bear the responsibility of repair or compensation for direct economic losses.

Chapter IV Demolition and Resettlement

Thirtieth within the scope of demolition, citizens with formal household registration and housing property certificate or formal housing certificate, as well as organs, organizations, enterprises and institutions holding business licenses or holding public office, shall be resettled by the demolition person in accordance with the provisions of these rules.

If the resettlement housing cannot be solved at one time, the transition period shall be clearly stipulated in the agreement.

Thirty-first of the demolition of housing users resettlement sites, according to the overall nature of the construction project. Construction projects for residential or residential, should be placed on the spot.

The resettlement area 10% to 30% can be increased free of charge from good lots to poor lots.

Thirty-second demolition of non-residential houses, according to the original construction area of resettlement.

Thirty-third demolition of residential houses, according to the use of the area of resettlement. In principle, how much to relocate. According to the original area of resettlement is difficult, can refer to the local per capita living area level, increase the resettlement area.

Thirty-fourth private non-residential houses that are demolished and operated according to law and take this as their main source of livelihood shall be resettled according to the original construction area and the original nature of use; Private non-residential houses leased to others for use shall be placed as houses, and the lessee shall not place them; If a private house is approved to be converted into a non-residential house, the resettlement measures shall be stipulated by the people's government of the city or county.

Demolition of private houses owned by lonely old people and disabled people who make a living by renting houses, the demolition person shall arrange a way out for the owner of the house.

Thirty-fifth for the demolition of housing users to reduce or give up the construction area of resettlement housing. It can be encouraged by 50% of the civil construction cost of the house to be resettled.

Thirty-sixth demolition of housing users because of the demolition and relocation, relocation subsidies paid by the demolition. The moving subsidy standard is from 0/00 to 200 yuan per household; Temporary transition, double subsidies.

Within the prescribed transition period, if the users of the demolished houses arrange the housing transition by themselves, the demolisher shall pay the temporary resettlement subsidy according to the standard of 50 cents to 2 yuan per square meter per month for the used area of the demolished houses.

Thirty-seventh due to the responsibility of the demolition to extend the transition period agreed in the agreement, the demolition should be taken to extend the transition period of temporary subsidies. The extension of less than half a year, according to the demolition of housing use area per square meter per month subsidy of one to three yuan; If it is postponed for half a year or more, it will be subsidized by three to five yuan per square meter per month according to the demolition area.

Thirty-eighth demolition of non residential houses caused by the suspension of production or business, resulting in economic losses, the demolition of appropriate subsidies. Subsidy standards shall be formulated by the municipal and county people's governments.

The subsidy standards stipulated in this article, Article 36 and Article 37 may be adjusted by the municipal and county people's governments according to price changes.

Chapter V Punishment

Thirty-ninth demolition of one of the following acts, given a warning by the competent department of housing demolition, ordered to stop the demolition, and according to the seriousness of the total investment of construction projects more than five thousandths of a fine;

(a) without obtaining a permit for house demolition or demolition without authorization according to the provisions of the permit;

(two) entrust a unit without qualification certificate to carry out house demolition;

(3) raising or lowering the standard of compensation and resettlement without authorization, and expanding or narrowing the scope of compensation and resettlement.

(four) beyond the demolition period without justifiable reasons.

Fortieth people who have been taken in violation of the agreement refused to vacate the revolving room, the house demolition department shall give a warning to the people who have been taken, order them to return the revolving room within a time limit, and may impose a fine of 100 yuan to 500 yuan; Failing to return the revolving house within the time limit, a fine of less than five times shall be imposed according to the above standards.

According to the provisions of this article and Article 39, all the fine income shall be turned over to the state treasury, and no unit or individual may intercept or divide it among themselves. (Note: Article 40 is amended as follows:

If the demolished person refuses to vacate the revolving room in violation of the agreement, the house demolition department shall give a warning to the demolished person, order him to return the revolving room within a time limit, and may impose a fine of more than 100 yuan 1000 yuan; If the revolving house is not returned within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution. )

Article 41 If a party refuses to accept the decision on administrative punishment, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the administrative organ at the next higher level that made the decision on punishment. If a party refuses to accept the reconsideration, he may bring a lawsuit to the people's court within 15 days from the date of 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.

Forty-second insults, beatings, housing units in charge, hinder the housing units in charge of performing official duties, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Forty-third housing units in charge of dereliction of duty, abuse of power, corruption, given administrative sanctions by their units or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Chapter VI Supplementary Provisions

Forty-fourth people's governments at or above the county level may formulate specific implementation measures according to these rules.

Forty-fifth the problems in the application of these rules shall be interpreted by the Provincial Department of Urban and Rural Construction.

Forty-sixth countries in the province to build large-scale projects involving urban resettlement, where there are provisions in the State Council, according to the provisions of the State Council.

Article 47 These Rules shall come into force as of the date of promulgation.