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Regulations of Jilin Province on the Administration of the Demolition and Removal of Urban Houses

£¨Adopted at the 29th Session of the Standing Committee

of the 9th People' s Congress of Jilin Province on March 28,2002£©

Chapter ¢ñ General Provisions

Article1. These regulations are formulated for the purposes of strengthening the administration of the demolition and removal of urban houses, protecting the legal rights and interests of the parties involved in the demolition and removal, safeguarding the smooth progression of urban constructions, in accordance with the Regulations on the Administration of Demolition and Removal of Urban of the State Council and in light of the actual circumstances of this Province.

Article2. These Regulations shall apply to the demolition and removal of the houses on the state-owned land within the city planning districts of the administrative division of this province, and to the demolished-removed personnel who should be necessarily compensated and helped to settle down.

Article3. The house demolition and removal must meet the requirements of city planning, be beneficial to the reform of old urban residential areas, the improvement of ecological environments, and the protection of cultural relics and historic sites.

Article4. The demolishing-removing personnel should compensate and help to settle down the demolished-removed personnel according to the provisions of these Regulations, and the demolished-removed personnel should finish the removal within the time limit of removal.

The demolishing-removing personnel referred to in these Regulations mean the units obtained the permit for house demolition and removal.

The demolished-removed personnel referred to in these Regulations mean the owners of the houses demolished and removed.

Article5. The provincial administrative competent departments of construction shall exercise the supervision and administration on the work of the demolition and removal of the urban houses in this whole province.

The departments responsible for the work of house demolition and removal of the municipal (prefectural), county (city) people' s governments (hereinafter referred to as the administrative departments of house demolition and removal) shall exercise the supervision and administration on the work of the demolition and removal of the urban houses within their own administrative devisions.

The relevant departments of the people' s governments at the county level and upwards must do well in the administrative working of the demolition and removal of urban houses according to their own duties.

Chapter ¢ò Administration of Demolition and Removal

Article6. The house demolition and removal shall implement the system of the permit for demolition and removal. Those failing to get the Permit for House Demolition and Removal shall be forbidden to implement the demolition and removal.

Article7. Those applying for and obtaining the Permits for House Demolition and Removal must apply to the administrative departments of house demolition and removal of the people' s governments at the county level and upwards, where the houses demolished and removed lcoate, and must submit the following materials:

(1)The plan for demolition and removal and the scheme of demolition and removal;

(2)The documents of approving the construction projects;

(3)The permit for the planning for the land used for construction;

(4)The documents of approving the right of making use of state-owned land; and

(5)The deposit certificate of a special account of funds for the demolition-removal compensation and settlement issued by the banking institutions which transact the deposit businesses.

Article8. The plan of demolition must including: the scope of demolition, ways, and the time limit of demolition and removal, the dates of start completion of projects.

Article9. The scheme of demolition and removal should include:

(1)The circumstances of the houses demolished and removed (the characters of houses, the tenure of use, the ownership of property right, the areas, the storey, the orientation, the district, the structure form, etc.);

(2)The budgetary estimate of all kinds of compensations and allowances;

(3)The settlement standards and places of the property rights exchanged for houses; and

(4)The temporary transitional ways and detailed measures.

Article10. The specified amount of deposit of the funds for the demolition-removal compensation and settlement should be not less than the total built-up area of the house to be demolished and removed times the guiding price for the evaluation in real-estate markets for the houses in the same section and of same tenure last year, the houses exchanged with property rights by the demolishing-removing personnel may be calculated at the market price.

Article11. The funds for compensation and settlement for carrying out the house demolition and removal by the demolishing-removing personnel should be totally used in the compensation and settlement of house demolition and removal, it shall be forbidden to divert them for other purposes.

The administrative departments of house demolition and removal of the people' s governments at the county level and upwards should strengthen the supervision over the utilization of the funds for the compensation and settlement of house demolition and removal.

Article12. The local administrative departments of house demolition and removal should verify and issue the Permit for House Demolition and Removal to those conforming with conditions; and shall not verify and issue to those failing to conform with conditions; and notice the applicants in a written form and explain the reasons within 30 days since the date of receiving the application for house demolition and removal. The demolition-removal areas verified in the Permit for House Demolition and Removal shall be forbidden to overstep the areas of the land used for construction verified by the permit for the planning for the land used for construction.

Article13. While issuing the Permit for House Demolition and Removal, the administrative departments and removal of house demolition and removal should publish the demolishing-removing personnel, the scopes of demolition and removal, the time limit of demolition removal and other items clearly recorded in the Permit for House Demolition and Removal by the form of the announcement of house demolition and removal. The demolishing-removing personnel should notice the demolished-removed personnel about the contents of the announcement timely.

Article14. The demolishing-removing personnel may entrust the units which have obtained the qualification of house demolition and removal to conduct the demolition and removal; and the demolishing-removing personnel with the qualification of house demolition and removal also may conduct it by themselves.

The administrative departments of house demolition and removal shall be forbidden to work as the demolishing-removing personnel or accept the entrustment of demolition and removal.

Article15. The working staffs of house demolition and removal should be familiar with the laws, regulations related to demolishing-removing affairs and with the policies of demolition and removal, and have the corresponding professional knowledge related to the work of house demolition and removal.

Article16. While publish the announcement of house demolition and removal, the local administrative departments of house demolition and removal should supply the evaluation organizations of real estate of two and upwards that have the evaluation qualification of house demolishing-removing personnel and the demolished-removed personnel for choosing; the house demolishing-removing personnel and the demolished-removed personnel may also choose other evaluation organizations of real estate that have the evaluation qualification to conduct the evaluation on the houses to be demolished and removed. The house demolishing-removing personnel and the demolished-removed personnel should make a choice within 5 days as of the date of promulgating the announcement of house demolition and removal.

In case the house demolishing-removing personnel and the demolished-removed personnel choose the same evaluation organization, they should sign the entrusted agreement in common, the fees for evaluation should be paid by the house demolishing-removing personnel. If the house demolishing-removing personnel or the demolished-removed personnel have contentious opinions to the evaluation results, they may entrust another evaluation organization of evaluation qualification to evaluate again, and the fees for evaluation shall be paid by the entrusting party. In case the two evaluation results are within the error scope stipulated by the province, the original one shall be implemented. And in case the evaluation results are beyond the error scope stipulated by the province, the litigants of demolition and removal may solve them through consultation; if the consultation fails to solve, the administrative departments of house demolition and removal shall, applied by the litigants, organize evaluation experts to give a ruling on the evaluation results.

In case the house demolishing-removing personnel and the demolished-removed personnel choose evaluation organizations seperately, they should sign seperately the entrusted agreements with the evaluation organizations they choose, the fees for evaluation shall be paid by the entrusting parties seperately. If the two evaluation results are both within the error scope stipulated by the province, the evaluation result given by the evaluation organization entrusted by the demolished-removed personnel shall be implemented. If the two evaluation results are both beyond the error scope stipulated by the province, the litigants of demolition and removal may solve them through consultation; if the consultation fails to solve, the administrative departments of house demolition and removal, applied by the litigants, shall organize evaluation experts to give a ruling on the evaluation results.

In case the house demolishing-removing personnel and the demolished-removed personnel have agreed unanimously through consultation on the amount of compensation for the houses to be demolished and removed, they may not evaluate the houses to be demolished and removed.

Article17. Within the allotted time limit for demolition and removal announced by the administrative departments of house demolition and removal, the demolishing-removing personnel shall sign an agreement on the compensation and settlement affairs of demolition and removal with the demolished-removed personnel about the amount of compenstation, the ways of payment, the time limit of payment, the settlement areas, the settlement places, the time limit of removal, the transitional ways of removal, the time limit of transition, the responsibilities of violating the agreement and the items considered to be necessary to clear by the litigants according to the stipulations in these Regulations.

The demonstrative text of the agreement on compensation and settlement of demolition and remvoal shall be printed uniformly by the provincial administrative competent department of construction.

Article18. If the house demolishing-removing personnel and the demolished-removed personnel, or the house demolishing-removing personnel, the demolished-removal personnel and the house lessee fail to reach an agreement on compensation and settlement of demolition and removal, the administrative departments of house demolition and removal shall, applied by the litigants, give a ruling. If the administrative apartments of house demolition and removal are also the demolished-removed personnel, it shall be ruled by the people' s governments at the same level. The ruling should be made within 30 days since the date of receiving the application.

If the litigants have contentious opinions to the ruling, they may bring a lawsuit in the people' s courts within 3 months since the date of receiving the written ruling. In case the house demolishing-removing personnel have paid for the monetary compensation or provided the houses for settlement or for turnover to the demolished-removed personnel according to these Regulations, the performance of the demolition and removal shall not be suspended during the lawsuit.

Article19. The house demolishing-removing personnel shall be forbidden to put on the behaviors against the demolished-removed personnel who haven' t removed or against the house lessee, which shall affect the normal production and life, such as stopping water supply, electricity supply, heating and gas supply within the time limit of demolition and removal announced by the administrative departments of house demolition and removal.

Article20. The demolished-removed personnel shall be forbidden to damage, remove the public establishments of the houses to be demolished and removed.

Article21. After signing the agreement on compensation and settlement of demolition and removal, the house demolishing-removing personnel should take back the certificates of the right of land utilization and of the house ownership uniformly, and go to the related departments to cancel their registrations. In regard to those public-owned houses, the owners of the house property rights should take back the certificates of house tenancy uniformly and cancel their registrations.

Article22. The house demolishing-removing personnel should sort out timely and well arrange the file materials of demolition and removal during house demolition and removal, and transfer them to the local administrative departments of house demolition and removal within 30 days since the date of completing the demolition and removal.

Article23. The house demolition and removal shall exercise the system of statistical forms for reporting, the house demolishing-removing personnel should fill in the statistical forms of house demolition and removal and report to the administrative departments of house demolition and removal regularly.

Chapter ¢ó Compensation and Settlement for the Demolition and Remvoal

Article24. The house demolition and removal may be conducted by means of monetary compensation, they may also be conducted by means of exchanging the property rights.

The house demolition and removal shall be forbidden to implement different standards for the compensation and settlement towards the demolished-removed personnel because of different construction items.

The demolished-removed personnel shall have the right to choose the means of compensation except the regulations stipulated otherwise by the state.

In regard to the demolished and removed sections used for building the same kind of commerical houses, the demolished-removed personnel choosing the monetary compensation shall enjoy priority in buying the same kind of commercial houses in the original sections.

Article25. The amount of monetary compensation shall be fixed by the evaluation organs of real estate, in accordance with the guiding prices for the evaluation in real estate markets by the local people' s governments when verifying and issuing the Permit for House Demolition and Removal, and in light of the factors such as the sections, uses, built-up areas, storeys, orientations, fixtures, environments, necessary establishments of the houses to be demolished and removed.

Article26. The people' s governments at the municipality (prefecture) and county (city) levels should formulate and promulgate the guiding prices for the evaluation in real estate markets of different districts once a year on the bases of the principles and measures of formulating the guiding prices for the evaluation in real estate markets which are fixed by the competent department of prices of the provincial people' s government together with the provincial administrative competent departments of construction. The competent departments of price of the local people' s governments should hold a hearing of testimony before formulating the guided price for the evaluation in real estate markets.

Article27. In regard to confirming the construction areas and uses of the houses to be demolished and removed, the indicated marked areas and uses, which are marked in the certification of house ownership issued by the administrative departments of houses, shall be the criterions; in regard to those failing to be marked in the certification of house ownership, the areas and uses marked on the card of household registration shall be the criterions.

Article28. The demolished-removed personnel, who choose the exchange of the right of houses property, shall have the right to demand that the built-areas of the houses for settlement supplied by the demolishing-removing personnel shall not be smaller than those of the houses to be demolished and removed. The demolishing-removing personnel and the demolished-removed personnel should square the price differences of the exchange of the right property in accordance with the amount of compensation of the houses to be demolished and removed, and with the prices of the houses supplied for settlement.

Article29. The used for the demolition-removal settlement houses must satisfy the provisions of relevant laws and regulations, and satisfy the relevant standards for technology and quality.

Article30. The competent administrative departments of construction should offer their written opinions when they examine the designing documents for working drawing, and discover that the layout and facilities of the houses used for the demolition-removal settlement are designed unreasonably and may infringe upon the interests of the demolished-removed personnel, and the administrative departments of houses demolition and removal shall supervise the revision. The demolishing-removing personnel shall be forbidden to change the revised designs without authorization.

Article31. The houses to be demolished and removed having any of the following circumstances within the time limit of demolition and removal stipulated in the announcement of demolition and removal, the demolishing-removing personnel shall submit the programme of resettlement compensation and settlement, report to the administrative departments of houses demolition and removal for approval, and shall go to a notary orgon to transact the perservation of evidences and then conduct the demolition and remvoal:

(1)Having not solved the dispute of the rights of properties or uses;

(2)The whereabouts of the person of property right is unknown; and

(3)The person-shared-house-together failing to be in agreement.

Article32. To demolish and remove the houses, which are bought or built by the demolished-removed personnel and also are subsidized of by the state or their work units, the demolishing-removing personnel shall give respective compensations according to the investment proportions of the relevant sides.

Article33. In regard to the demolished-removed personnel who live a special hard life and are unable to settle houses by themselves, the demolishing-removing personnel must give them a appropriate settlement. The detailed standards and measures should be formulated by the local people' s governments.

Article34. To demolish and remove the hired houses, if the demolished-removed personnel and the house lessee have removed their renting relationship, or the demolished-removed personnel have settled the house lessee, the demolishing-removing personnel shall give the compensation to the demolished-removed personnel.

If the demolished-removed personnel and the house lessee fail to reach an agreement on the settlement of renting relationship, the demolishing-removing personnel should offer the demolished-removed personnel a exchange of the property right of house. The houses exchanged the property right shall be leased by the original lessee. The demolished-removed personnel should sign a new lease contract with the house lessee.

If the houses to be demolished and removed belong to the direct administration ones or to the public ones administered by the units themselves (including uncomplete houses), the lessee shall enjoy the right to buy houses according to the policy of lodgings reform. The demolishing-removing personnel shall conduct the compensation and settlement to the lessee in accordance with the stipulations of these Regulations after the lessee have paid the fees for house purchase calculated according to the policy of lodgings reform to the owners.

Article35. The demolishing-removing personnel should pay the fees for removal to the demolished-removed personnel or to the house lessee.

During the transitional period, as for the demolished-removed personnel or the house lessee settle their lodgings by themselves, the demolishing-removing personnel should pay the temporary settlement subsidy, those needing to pass the winter, they should pay the heating subsidy. If the demolished-removed personnel agree to use the turnover houses supplied by the demolishing-removing personnel, the demolishing-removing personnel shall not pay for the temporary settlement subsidy, and if the demolishing-removing personnel have supplied the heating conditions, they shall not pay for the heating subsidy.

The standards for the fees for removal subsidy, heating subsidy and temporary settlement subsidy shall be stipulated by the local people' s governments.

Article36. The demolishing-removing personnel and the demolished-removed personnel should obey the agreement of the time limit of transitional period. The demolishing-removing personnel shall be forbidden to extend the time limit of transitional period without authorization. In regard to the turnover houses supplied by the demolishing-removing personnel, the users of them should return the turnover house timely.

Article37. As for the extended time limit of transitional period because of the demolishing-removing personnel' s responsibilities, and in regard to the demolished-removed personnel and the house lessee who settle the lodgings by themselves, the demolishing-removing personnel should, besides undertaking the responsibilities for violating the agreement, increase the payment for temporary settlement subsidy since the month exceeding the transitional period; in regard to those needing to pass the winter, they should pay for the heating subsidy.

Article38. In case of demolishing and removing the non-residential houses which cause the stop of production, the temporary stop of business and then cause economic losses, the demolishing-removing personnel shall give a suitable compensation to the demolished-removed personnel.

Article39. To demolish the unauthorized buildings and the temporary buildings exceeding the approved time limit shall not be given compensations; to demolish the temporary buildings unexceeding the approved time limit should be given suitable compensations.

Chapter ¢ô Legal Liabilities

Article40. Those in violation of the provisions of these Regulations and committing any of the following behaviors shall be instructed to stop the demolition and removal and given a warning by the administrative departments of house demolition and removal, and shall be cumulatively imposed a fine of 1% to 3% of the settlement funds for the compensation for demolition and removal; where the circumstances are serious, they shall be revoked the Permit for House Demolition and Removal:

(1)Failing to conduct the house demolition and removal within the demolished-removed scopes specified in the Permit for House Demolition and Removal;

(2)Entrusting the demolition and removal to the unit without the qualification for house demolition and removal; and

(3)Extending the time limit of demolition and removal without authorization.

Article41. Those in violation of the provisions of these Regulations and committing any of the following behaviors shall be penalized by administrative departments of house demolition and removal:

(1)Those failing to obtain the Permit for House Demolition and Removal shall be instructed to stop the demolition and removal, given a warning and shall be cumulatively imposed a fine of RMB£¤20 to 50 per square meter of the built-up areas demolished house;

(2)Those obtaining the Permit for House Demolition and Removal by fraudulent measures shall be revoked the Permit for House Demolition and Removal, and be cumulatively imposed a fine of 1% to 3% of the settlement funds for the compensation for demolition and removal; and

(3)As for the entrusted units of demolition and removal transferring the business of demolition and removal without authorization, they shall be instructed to correct, and confisated the illegal incomes, and be cumulatively imposed a fine of 25% to50% of the total fees for demolition-removal services specified by contracts.

Article42. The provincial competent administrative departments of construction may give a warning or the punishment of decreasing the level of qualifications to the evaluating organs of real estate which fail to evalute the houses to be demolished and removed in accordance with the standards for the evaluation of real estate; where the circumstances are serious, they shall be revoked the qualifications of the evaluating organs of real estate.

Article43. Those illegal behaviors of house demolition and removal should be given administrative sanctions according to law; as for the local administrative departments of house demolition and removal failing to give the punishment, the higher administrative departments of house demolition and removal may instruct them to give punishments; if they still fail to make the decision of administrative sanctions, the higher administrative departments of house demolition and removal may make the decision of administrative sanctions to the illegal behaviors directly.

Article44. As for the administrative departments of house demolition and removal and their working staffs violating these Regulations any having any of the following behaviors, their work units or higher administrative competent departments shall give administrative sanctions to the competent personnel in charge directly and other responsible persons; where a crime is constituted, the offenders shall be investigated into criminal responsibilities:

(1)Verifying and issuing the Permit for House Demolition and Removal and other documents of approval in violation of these Regulations;

(2)Failing to perform the duties of supervision and administration after verifying and issuing the Permit for House Demolition and Removal or other documents of approval;

(3)Failing to investigate into or punish the illegal behaviors of house demolition and removal; and

(4)Abusing their powers, illegally interfering the activities of house demolition and removal , indulging in malpractices.

Chapter ¢õ Supplementary Provisions

Article45. In regard to those conducting the house demolition and removal on the state-owned land but beyond the districts of city planning, and it is necessary to compensate and settle the demolished-removed personnel they shall be implemented using these Regulations as reference.

Article46. These Regulations shall become effective on April 10, 2002. Meanwhile the Regulations of Jilin Province on the Administration of Demolition, Removal and Settlement of Urban Houses promulated by the standing committee of the 7th People' s Congress of Jilin Province on May 10, 1992 shall be repealed.