The "Interim Measures" of Zhenjiang city collective land housing demolition management has been adopted by the municipal government executive meeting on March 30, 2006, and are hereby issued to you, please implement it carefully.
April 2006 10
Interim Measures of Zhenjiang Municipality on the Administration of Collective Land and House Demolition
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the provisions of the Land Administration Law of the People's Republic of China and the Regulations for the Implementation of the Land Administration Law of the People's Republic of China in order to standardize the management of collective land house demolition, safeguard the legitimate rights and interests of the parties involved in the demolition and ensure the smooth progress of urban construction. "Jiangsu Province Land Management Regulations" and "Jiangsu Province Urban Housing Demolition Regulations", combined with the actual situation of this Municipality.
Article 2 Within the urban area of this Municipality, these Measures shall apply to the demolition of houses and their attachments on collective land due to urban construction and development, and the compensation and resettlement of the house owners (hereinafter referred to as the demolished).
These Measures are also applicable to houses originally built on collective land on the remaining state-owned land and houses newly built, renovated or transformed on the original homestead according to law after revocation.
Where the state and province have other provisions on compensation and resettlement for land acquisition and demolition of major infrastructure projects, such provisions shall prevail.
The third municipal administrative department of land and resources is responsible for the land management related to house demolition on collective land; The municipal construction administrative department is responsible for the management of house demolition and resettlement housing construction on collective land.
City housing demolition management agencies (hereinafter referred to as the city demolition management agencies) specifically responsible for collective land housing demolition compensation and resettlement management.
The relevant functional departments of the district and town people's governments, sub-district offices and municipal governments where collective land houses are demolished shall, in accordance with their respective responsibilities, coordinate in the relevant work of compensation and resettlement for house demolition.
Chapter II Demolition Management
Article 4 After the municipal planning department issues the construction land planning permit (including the land map), the municipal demolition management institution shall, according to the application of the land-using unit (hereinafter referred to as the demolition), notify the relevant departments in writing to suspend the following matters:
(a) the newly approved homestead and other construction land;
(two) approval of new construction, renovation and expansion of houses and their attachments;
(three) to approve the change of housing and land use;
(4) the place where the household registration is moved into and registered;
(5) Issuing business licenses for industry and commerce;
(six) other matters stipulated by laws and regulations.
If the above matters are handled without authorization during the suspension period, the house demolition will not be recognized.
Fifth residents with construction land planning permits (including maps) and other relevant information, to the municipal administrative department of land and resources for land use, land use approval documents obtained in accordance with the law, before the implementation of the demolition.
Article 6 The municipal demolition management institution shall, jointly with the district people's government where the house to be demolished is located, review and announce the implementation plan of compensation and resettlement for house demolition submitted by the demolition, and the municipal demolition management institution shall issue a notice of house demolition and resettlement to the demolition. The implementation plan of housing demolition compensation and resettlement shall include the following contents:
(a) the scope of demolition;
(two) the use, area and ownership of the house within the scope of demolition;
(three) the implementation steps of demolition and safety protection and environmental protection measures;
(four) the implementation of demolition funds, resettlement houses and temporary transitional measures;
(five) the way and duration of the demolition;
Seventh residents should entrust a unit with the qualification of demolition to carry out the demolition, and sign a demolition entrustment contract with it. The demolition entrustment contract shall be reported to the municipal demolition management institution for the record within 15 days from the date of signing.
The entrusted demolition implementation unit shall not transfer the demolition business.
Eighth assessment agencies engaged in housing demolition assessment business must be announced by the municipal housing management department in conjunction with other relevant departments with the corresponding real estate assessment qualifications.
When evaluating the house to be demolished, the evaluation institution shall notify the demolished person. If the person being taken does not cooperate after receiving the notice, the assessment agency can make an assessment, and its assessment behavior is effective.
Ninth people should be taken in accordance with the implementation plan of housing demolition compensation and resettlement, responsible for the implementation of housing demolition compensation and resettlement; Demolition should be in accordance with the provisions of these measures, compensation and resettlement for the demolition; The person to be demolished should obey the needs of urban construction and development and complete the relocation within the prescribed time limit.
Tenth in the demolition period stipulated in the notice of compensation and resettlement for house demolition, the demolition and relocation shall sign an agreement on compensation and resettlement for house demolition according to the compensation scheme for house demolition. The compensation and resettlement agreement for house demolition shall specify the compensation form, compensation standard, resettlement method, relocation period, temporary resettlement transition period, liability for breach of contract, etc.
City demolition management agencies shall provide a model text of the housing demolition compensation and resettlement agreement.
Article 11 After the signing of the compensation and resettlement agreement for house demolition, if the demolition parties dispute the compensation and resettlement agreement, they may apply to the Arbitration Commission for arbitration according to law, or bring a lawsuit to the people's court according to law.
Twelfth in violation of land management laws and regulations, obstruct the national construction of land requisition, the municipal land administrative department shall order the surrender of land; Those who refuse to hand over the land shall apply to the people's court for compulsory execution.
Chapter III Compensation and Resettlement for Demolition
Thirteenth the legal basis for house demolition should be based on the house ownership certificate, land ownership certificate or legal construction procedures held by the demolished person before receiving the construction land planning permit (including the land map).
Fourteenth the use of the house to be demolished shall be subject to the purpose stated in the house ownership certificate and the land ownership certificate; If the purpose of the house ownership certificate and the land ownership certificate is not specified or is inconsistent, the purpose specified in the legal construction procedures shall prevail.
Fifteenth the construction area of the house to be demolished shall be based on the actual construction area of the house within the scope of the house ownership certificate or the construction area specified in the legal building procedures; If the demolition party has any objection to the construction area of the house to be demolished, it may entrust a qualified real estate surveying and mapping agency to conduct actual measurement.
Sixteenth people who have been taken to obtain legal building procedures but the new house has not yet been built, the demolition should immediately stop the construction, and the part of the new house that has been built should be compensated by the demolition according to the evaluation results.
Article 17 If the planning permit for a construction project states that illegal buildings, overdue temporary buildings or temporary buildings are demolished unconditionally when urban construction is needed, and the old houses that have been demolished but have been newly built, the demolisher will not compensate the newly built, rebuilt, expanded and decorated parts of the houses and their attachments after receiving the planning permit for construction land (including maps), and the lessee who rents (borrows) the houses will be demolished.
Temporary buildings that have not been demolished within the approved period will not be resettled, and subsidies will be given according to the formula (replacement price × construction area+compensation for decoration and accessories )× (remaining years ÷ approved years). If the remaining life is less than 20%, it will be calculated as 20%.
Eighteenth residential housing demolition compensation and resettlement generally implement housing property rights exchange.
Nineteenth residential housing units to solve their own housing and make a written commitment, by the demolition of the application, you can extract compensation and resettlement funds according to the following calculation, the town (street offices) or village no longer give homestead arrangements.
The compensation and resettlement funds shall be the difference between the cost price of resettlement houses minus the replacement price of resettlement houses and the newly assessed price of demolished houses, multiplied by the property exchange area determined in accordance with the provisions of Article 21 of these Measures.
If the legal construction area of the demolished house is larger than the property right exchange area, compensation shall be given in accordance with the provisions of the second paragraph of Article 21 of these Measures.
Twentieth residential housing units to implement property rights exchange, the relocation of housing units to provide property rights exchange.
Twenty-first residential housing demolition to 1 household homestead or legal building procedures 1 household, demolition of multiple houses within the same scope, should be merged into 1 household to calculate the legal construction area of the original residential housing; After the legal construction area of the demolished residential house is publicized, the demolished person shall make compensation and resettlement in accordance with the following provisions with the compensation and resettlement agreement for house demolition:
(a) the legal construction area of the demolished residential house is less than 200 square meters (including 200 square meters), and the area of property rights exchange shall be determined according to its legal construction area. If the resettlement area is equal to the property right exchange area, it shall be settled according to the difference between the new evaluation price and the replacement price of the property right exchange house; If the resettlement area is less than the property right exchange area, it shall be settled according to the difference between the cost price of resettlement housing minus the replacement price of resettlement housing and the replacement price of demolished houses.
(two) the demolition of residential housing legal construction area of more than 200 square meters, the property exchange area increased by more than 50% of the construction area, but the property exchange area of each household shall not exceed 250 square meters; The part with legal construction area greater than the area of property right exchange shall be compensated within the new evaluation price of not less than 120% and not more than 200%; The part of the demolition resettlement housing construction area equal to or less than the area of property rights exchange shall be settled in accordance with the settlement method specified in the preceding paragraph.
The part where the construction area of resettlement housing is greater than the property right exchange area 10 square meter (including 10 square meter) shall be settled at the cost price of resettlement housing; If it exceeds 10 square meter, it shall be settled according to the market price of the resettlement house.
Twenty-second residential housing demolition, demolition should be taken to pay temporary resettlement subsidies, relocation subsidies and fixed facilities relocation costs. If you really can't move it, you should pay the initial installation fee at the current price.
Twenty-third people who have been taken to perform the compensation and resettlement agreement for house demolition on schedule within the specified relocation period can be given relocation rewards. The measures and standards for the issuance of awards are announced at the same time as the demolition announcement.
Twenty-fourth demolition of non residential houses does not implement property rights exchange, monetary compensation for the demolition. If the house ownership certificate of the demolished person is marked as the house for industrial and mining enterprises and other non-commercial operating houses, the demolished person shall compensate the demolished person according to 1 to 1.2 times the cost price of the resettlement house; If the house ownership certificate of the demolished person is stated as a commercial house, the demolished person shall compensate the demolished person according to the cost price of the resettlement house 1.2 to 1.5 times.
Twenty-fifth demolition of non residential houses, the demolition should be taken to pay relocation subsidies and fixed equipment relocation costs.
Twenty-sixth due to the demolition of enterprises to suspend business, production and other losses, the demolition should be taken to pay a one-time subsidy.
Twenty-seventh residential houses that have been demolished before the implementation of these measures have obtained industrial and commercial business licenses and have been continuously operated for more than 1 year (a tax bill for continuous operation for one year before the demolition is required), and the construction area actually used for operation is given a one-time subsidy according to the new evaluation price.
Specifically: if it exceeds 1 year but less than 2 years, it will increase the new evaluation price by 20%; More than 2 years and less than 3 years, an increase of 40%; More than 3 years and less than 4 years, an increase of 60%; More than 4 years and less than 5 years, an increase of 80%; Over five years, the growth rate is 100%.
After the implementation of these measures, if the demolished person fails to go through the formalities for changing the use of the house and land according to law after obtaining the industrial and commercial business license, the demolition shall be compensated according to the use specified in the certificate of ownership of the house and land, and no subsidy shall be granted.
Twenty-eighth people were taken to solve the transitional housing. The demolisher shall pay temporary resettlement subsidies and relocation subsidies to the demolished person.
The transition period of demolition shall generally not exceed 18 months from the day when the demolished person vacates the house.
Due to the responsibility of the demolition to extend the transition period, from the overdue month, the demolition should give twice the temporary resettlement subsidies to the resettlement housing delivery month.
Twenty-ninth demolition parties signed a house demolition compensation and resettlement agreement, the demolition should be delivered to the demolition within the time limit agreed in the agreement. The demolisher shall, according to the order in which the demolished people deliver the houses, issue the "Selection Certificate of Demolition and Resettlement Houses" in turn and be notarized by the notary office. Resettlement should adhere to the principle of "openness, fairness and justice", strictly follow the serial number sequence of the "Certificate of House Selection for Demolition and Resettlement", and choose the house according to the nearest apartment with the property right exchange area, and the floor price difference is not calculated at the time of settlement.
Article 30 If the relocation compensation and resettlement is implemented due to the special circumstances of urban construction projects or in the outer suburbs of cities that meet the urban planning, the relocated people will be compensated by adding 30% to the new evaluation price according to the replacement price of the legal construction area of the relocated people, and the construction land cost will be paid for the relocated people according to the cost standard of obtaining the homestead, instead of paying the original homestead land acquisition compensation.
Thirty-first demolition involves the demolition of military facilities, churches, temples, cultural relics and other facilities, as well as the demolition of non-production and business houses and their ancillary facilities used for public welfare undertakings, which shall be handled in accordance with the provisions of relevant laws and regulations.
Thirty-second houses to be demolished shall be demolished by the demolition construction enterprises with the qualification of demolition, and the residual value of the houses shall be owned by the demolished people. Illegal houses shall be demolished by the residents themselves without compensation within the time limit specified in the demolition notice.
Thirty-third housing demolition compensation and resettlement fees shall be subject to the supervision of the municipal demolition management institutions.
Chapter IV Management of Resettlement Housing Construction
Thirty-fourth municipal construction administrative departments are responsible for the construction and management of resettlement houses. Municipal Development and Reform Commission, planning, land resources, housing management, prices, finance and other departments and the people's governments of Jingkou and Runzhou District shall, according to their respective functions and duties, assist in the construction and management of resettlement houses.
Thirty-fifth residents are specifically responsible for raising funds for resettlement housing construction, project bidding and demolition and resettlement work.
Thirty-sixth demolition unified resettlement housing construction units to buy resettlement housing for resettlement. When the demolition resettlement house is delivered for use, it shall provide the "residential instruction manual" and "residential quality guarantee" to the demolished person.
Thirty-seventh set up a special account for resettlement housing construction funds. Demolition should be carried out in accordance with the construction cost of the required resettlement housing, and deposited in a special account in advance, subject to the supervision of the municipal construction administrative department and the municipal finance department.
Article 38 The supporting infrastructure of resettlement sites, including roads, water supply and drainage, greening, street lamps and other facilities, shall be built by the residents, and the municipal construction administrative department shall take the lead in organizing relevant departments and the town people's government and sub-district offices where the resettlement houses are located to build before delivery.
Chapter IV Supplementary Provisions
Thirty-ninth collective land demolition resettlement housing construction management and housing demolition work to implement the territorial responsibility system, formulated by the municipal construction administrative department in conjunction with the relevant departments of the city, after the approval of the Municipal People's government.
Fortieth compensation assessment, relocation subsidies, temporary resettlement subsidies, etc. The new price, decoration and accessories of the demolished houses shall be implemented with reference to the documents (2004) No.83 and (2004) No.89 of the municipal construction administrative department.
Forty-first Zhenjiang New District collective land housing demolition and resettlement, in accordance with the relevant provisions of the municipal government. Danyang City, Yangzhong City, jurong city City and Dantu District may refer to these measures.
Forty-second approach by the city demolition agencies responsible for the interpretation of.
Article 43 These Measures shall come into force as of June 6, 2006. Demolition projects that have been implemented before the implementation of these measures shall still be implemented in accordance with the original provisions.
Zhenjiang Municipal People's Government
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