What are the contents of Order No. 87 and Order No. 124 of the Demolition Law? Thank you all, I need it urgently

(No. 124)

The "Measures for the Administration of House Demolition on Collective Land in Beijing" was adopted at the 9th Executive Meeting of the Municipal People's Government on May 27, 2003, and is hereby issued. Announced and effective from August 1, 2003.

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 "People's Congress of the People's Republic of China and the National The Land Management Law and other relevant laws and regulations are formulated based on the actual situation of this city.

Article 2 When 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, houses are to be demolished, and it is necessary to This method shall apply to the compensation and resettlement of the demolishers.

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 term “demolitionist” as mentioned 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 term “demolished persons” as mentioned in these Measures refers to the units or individuals that own the demolished houses.

Article 4 The Municipal Land, Resources and Housing Administration Bureau (hereinafter referred to as the Municipal Land, Resources and Housing Administration Bureau) is in charge of the management of house demolition on collective land in this city; the district and county Land, Resources and Housing Administration Bureau (hereinafter referred to as the Municipal Land, Resources and Housing Administration Bureau) is in charge of the management of house demolition on collective land in this city; (referred to as the district or county land and housing management bureau) is responsible for the management of collective land house demolition 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, carry out house demolition within their respective administrative areas. management work.

Article 6 The demolisher shall compensate and resettle 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) Newly approved housing sites and other construction land;

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

( 3) Handle household registration and household division, except for those who must register or split a household due to reasons such as marriage, birth, return to the country, military retirement and job change, approval to join immediate relatives from other provinces or cities, release from prison, or release from reeducation through labor; < /p>

(4) Issuance of industrial and commercial business license;

(5) Housing and land leasing;

(6 ) Change housing and land use.

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 shall 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 user really needs to extend the suspension period, it must 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 When 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 documents;

(2) Planning approval documents;

(3) Demolition implementation plan;

< p> (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 notify the demolisher, demolition scope, and relocation The time limit and other conditions shall be announced to the demolished persons.

Article 10 When land acquisition and demolition of houses on homestead sites are carried out, 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 reported to the district or county land and housing management Implemented after approval by the Bureau.

For houses that occupy land to be demolished, the demolition implementation plan shall be drawn up by the demolisher, and shall be implemented after being reviewed by the township (minority township) or town people's government and reported to the district or county land and housing management bureau for filing; including the reconstruction of old villages The demolition 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 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 If within the relocation period announced by the district or county land and housing management bureau, the demolisher and the person being demolished do not reach a demolition compensation and resettlement agreement, the district or county land and housing management bureau shall make a decision upon the application of one or both parties.

If the demolition party refuses to move after the expiration of the relocation period stipulated in the ruling, the district or county land and housing management bureau shall apply to the people's court for compulsory execution if it belongs to land acquisition and demolition of houses on the homestead site; if it belongs to land acquisition and demolition, For houses, the parties concerned shall file a civil lawsuit with the People's Court in accordance with the law. Chapter 3 Demolition Compensation and Resettlement

Article 13 For the demolition of houses on homestead sites, monetary compensation or housing resettlement can be implemented. In areas where conditions permit, separate homestead sites can 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 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 Administration 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 The payment shall be made, and the difference shall be settled with the market assessment price of the resettlement house; except for the resettlement of the demolished persons in 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, which shall be discussed and approved by the villagers meeting or villager representative meeting and reported to After approval by the township (minority township) or town people's government, resettlement can be based on the construction area of ??the demolished houses, or can be resettled 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 demolishers, may demolish houses on homestead sites, and in areas where conditions permit, separate approval may be made in accordance with the provisions of land management laws, regulations and rules. The demolished persons will build their own houses on the homestead site, and the demolished houses will be compensated based on the replacement value of the house.

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 site 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 the legally approved homestead land that exceeds the control standards; however, the portion of the legally approved homestead land that exceeds the control standards before 1982 can be compensated in accordance with the district and county people's administration. 丨Appropriate compensation will be provided according to government regulations.

The control standards for the homestead area of ??each household are determined in accordance with Article 6 of the District and County People's Government in accordance with the "Several Provisions of the Beijing Municipal People's Government on Strengthening the Management of Housing Land Used by Rural Villagers" Implementation of determined standards.

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 the building construction has been approved by the planning administrative department Documents shall be determined according to the approved building area.

If the houses that have been built on the homestead site before the implementation of these measures 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, they shall Provide appropriate compensation. 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 The decision shall be made by the economic organization or village committee and shall be reported to the township (minority township) or town people's government for approval before implementation.

After the implementation of these measures, houses newly built, renovated, or expanded 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 follow the district or county people’s policies. Appropriate subsidies will be provided according to government regulations. However, this is 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 on the homestead site to engage in production and business activities and hold industrial and commercial business licenses, the demolishers shall, in addition to providing compensation and resettlement in accordance with the provisions of these measures, Economic losses caused by suspension of production and business operations should also be appropriately compensated. Among them, the economic loss compensation standards for land acquisition and demolition of houses are stipulated by the district and county people's governments; the economic loss compensation standards for land acquisition and demolition of houses are stipulated by the township (minority township) and town people's governments and reported to the district and county people's governments. Government filing.

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 demolished on land 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. compensate. Chapter 4 Legal Responsibilities

Article 25 Anyone who violates the provisions of Article 7 of these Measures and carries out house demolition without obtaining a house demolition permit shall be ordered to do so by the municipal or district or county land and housing management bureau. Stop demolition and impose 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, it shall not perform the work after issuing the house demolition permit and other approval documents. Supervision and management responsibilities, or failure to investigate and deal with illegal acts, administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible persons in accordance with the law; if the circumstances are serious, causing heavy losses to public property, the interests of the country and the people, it constitutes a crime , be held criminally responsible in accordance with the law.

Chapter 5 Supplementary Provisions

Article 27 The construction of water conservancy and hydropower projects, the construction of green isolation areas, the relocation of farmers in poor mountainous areas, and the resettlement due to geological disasters involve collective This method does not apply to land and house demolition.

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.