Joke Collection Website - Bulletin headlines - Whether Xigu 13 Block will be demolished or not?
Whether Xigu 13 Block will be demolished or not?
Demolition, the specific time will have to wait for the demolition announcement.
Demolition Law of the People's Republic of China
Chapter 1 General Provisions
Article 1 is for the purpose of regulating house expropriation and compensation activities on state-owned land and safeguarding public This regulation is formulated in accordance with the "Property Rights Law" and the "Decision of the Standing Committee of the National People's Congress on Amending the "Real Estate Management Law of the People's Republic of China and the City of the People's Republic of China" to protect the legitimate rights and interests of the expropriated person.
Article 2: For the needs of public interests, if the houses of entities or individuals on state-owned land are expropriated and the owners of the expropriated houses (hereinafter referred to as the expropriated persons) are compensated, the following provisions shall apply: these regulations.
Article 3 The needs of public interests as mentioned in these Regulations include: (1) The needs of the construction of national defense facilities; (2) The needs of public interests such as energy, transportation, water conservancy, etc. that are supported by the state and included in the planning. The needs of social undertakings; (3) The needs of public undertakings such as science and technology, education, culture, health, sports, environment and resource protection, cultural relics protection, welfare, and municipal public services that are supported by the state and included in the plan; (4) ) In order to improve the living conditions of low-income families with housing difficulties, the need for the construction of low-rent housing, affordable housing, etc. is implemented by the organization; (5) The need for the renovation of dilapidated old buildings is implemented by the organization in order to improve the living conditions of urban residents; (6) ) The needs for the construction of office buildings for state agencies; (7) The needs of other public interests stipulated by laws, administrative regulations and regulations.
Article 4 House expropriation and compensation shall follow the principles of democratic decision-making, due process, fair compensation, and open results.
Article 5 Local governments at or above the county level are responsible for house expropriation and compensation within their own administrative regions. The housing expropriation department specified by the local people's government at or above the county level shall specifically organize and implement the housing expropriation and compensation work. Relevant departments of local people's governments at or above the county level shall cooperate with each other in accordance with the provisions of these Regulations and the division of responsibilities specified by the people's government at the same level to ensure the smooth progress of house expropriation and compensation.
Article 6 The people's government at the higher level shall strengthen the supervision of the house expropriation and compensation work of the people's government at the lower level. The construction administrative departments and the construction administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in conjunction with the finance, land and resources and other relevant departments at the same level, strengthen guidance on the implementation of house expropriation and compensation.
Article 7 Any organization or individual has the right to report violations of these regulations to the relevant people's government, housing expropriation department and other relevant departments. Relevant people's governments, housing expropriation departments and other relevant departments that receive reports shall verify and handle the reports in a timely manner, and notify the whistleblower of the results.
Chapter 2 Expropriation Procedures
Article 8 If the local people's government at or above the county level expropriates houses for the needs of the public interest, the house expropriation shall be made in accordance with the provisions of these Regulations Decide.
Article 9: Before making a decision on house expropriation, the local people's government at or above the county level shall organize development and reform, urban and rural planning, land and resources, environmental protection, cultural relics protection, construction and other relevant departments to discuss the purpose and purpose of house expropriation. The scope of housing expropriation, implementation time and other matters will be demonstrated.
Article 10 The local people's governments at or above the county level shall, after organizing demonstrations by relevant departments, announce the purpose of house expropriation, scope of house expropriation, implementation time and other matters, and adopt demonstration meetings, hearings or other methods Solicit opinions from expropriated persons, the public and experts. The announcement time shall not be less than 30 days; however, if the housing expropriation scope is large, the announcement time shall not be less than 60 days. If the announced matters involve state secrets, the provisions of relevant confidentiality laws and administrative regulations shall be observed. Local people's governments at or above the county level shall promptly announce the adoption, non-adoption and reasons of the opinions of expropriated persons, the public and experts.
Article 11 After the announcement of the scope of house expropriation, the following activities shall not be carried out within the scope of house expropriation: (1) New construction, expansion, renovation of houses; (2) Change of house and land use; (3) Relocation Register a household or split a household. The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspending relevant procedures shall specify the period of suspension.
The maximum suspension period shall not exceed 1 year.
Article 12 After soliciting the opinions of the expropriated persons, the public and experts, if there is no major dispute, the local people’s government at or above the county level shall make a decision on house expropriation; if there is a major dispute, the local people’s government at or above the county level shall The government will make a decision on house expropriation after submitting it to the people's government at the next higher level for a ruling.
Article 13 If houses are expropriated due to the need to renovate dilapidated old buildings, the local people's government at or above the county level shall solicit the opinions of the expropriated persons on the basis of organizing demonstrations by relevant departments. If more than 90% of the expropriated people agree to renovate dilapidated houses, the local people's government at or above the county level can make a decision on house expropriation; if more than 90% of the expropriated people agree, no decision on house expropriation shall be made. Local people's governments at or above the county level shall promptly announce the solicitation of opinions.
Article 14 The local people's government at or above the county level shall announce the decision on house expropriation. The announcement shall specify the purpose of house expropriation, scope of house expropriation, implementation time, administrative reconsideration, administrative litigation rights and other matters. Local people's governments at or above the county level and their housing expropriation departments should promptly publicize and explain house expropriation decisions.
Article 15 If the expropriated person and the interested parties related to the house expropriation decision are dissatisfied with the house expropriation decision made by the local people's government at or above the county level, they may apply for administrative reconsideration in accordance with the law, or they may file a petition with the people in accordance with the law. Administrative proceedings were initiated in court.
Article 16 If house expropriation involves national defense facilities, cultural relics and historic sites, historical buildings, or religious activity sites, relevant laws and regulations must be observed. When a house with a mortgage is expropriated, the legitimate rights and interests of the mortgagee shall be protected in accordance with the law. Article 17 The house expropriation department shall establish and improve the house expropriation archives management system and strengthen the management of house expropriation archives and materials.
Chapter 3 Compensation
Article 18 The local people's government at or above the county level that makes the decision to expropriate houses shall compensate the expropriated persons in accordance with the provisions of these regulations.
Article 19 The compensation method can be monetary compensation, house property rights exchange, or a combination of monetary compensation and house property rights exchange. If houses are expropriated and residential construction is carried out due to the need for renovation of dilapidated old houses, the expropriated persons have the right to move back. In addition to the provisions of Article 29 of these Regulations, the expropriated person may choose the method of compensation.
Article 20 The amount of monetary compensation shall be determined based on the location, use, building structure, condition, building area and other factors of the expropriated house, and based on the real estate market appraisal price. The real estate market appraisal price of the expropriated house shall be determined by a real estate price appraisal agency with corresponding qualifications in accordance with the real estate appraisal specifications and relevant regulations, but shall not be lower than the market transaction price of similar real estate on the date when the house expropriation decision takes effect. The real estate price assessment agency shall be determined by the expropriated person through voting, drawing, etc.
Article 21 The real estate price evaluation agency shall determine the real estate market evaluation price of the expropriated house independently, objectively and fairly, and shall be responsible for the legality, authenticity and rationality of the evaluation report issued. The housing expropriation department shall provide the real estate price assessment agency with the investigation results specified in Paragraph 1 of Article 24 of these Regulations. No unit or individual may interfere with the compensation valuation work.
Article 22 If you choose to exchange the property rights of a house, you shall calculate the price of the expropriated house and the price of the house with the property rights exchanged in accordance with the provisions of Article 20 of these Regulations, and settle the price difference of the property rights exchange. Houses with property rights exchanged shall comply with national quality and safety standards.
Article 23 No compensation will be given to illegal buildings within the scope of house expropriation and temporary buildings that have exceeded the approved period and will be demolished in accordance with the law; appropriate compensation should be given to temporary buildings that have not exceeded the approved period.
Article 24 The house expropriation department shall organize an investigation and registration of the ownership, location, purpose, construction area, lease and usufruct rights of the houses within the scope of house expropriation, and the expropriated person shall cooperate . The investigators and the expropriated person shall confirm the investigation results. The investigation results shall be announced to all expropriated persons. The housing expropriation department shall, in accordance with the provisions of these regulations, formulate a compensation plan based on the investigation results and real estate market evaluation prices, and solicit the opinions of the expropriated persons.
Article 33: No unit or individual may embezzle, misappropriate, privately distribute, withhold, default, withhold or squeeze out compensation and other expenses.
Chapter 4 Legal Responsibilities
Article 34 If a local people's government at or above the county level commits any of the following acts in violation of the provisions of these Regulations, the superior people's government shall order it to make corrections and notify the Criticize; if losses are caused, they shall be liable for compensation in accordance with the law; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law: (1) The house is expropriated for reasons other than public interests; (2) The house is expropriated in violation of legal procedures (3) Failure to announce the house expropriation decision or the announcement time does not meet legal requirements; (4) Approval of a compensation plan that does not meet the regulations; (5) Compensation decision made in violation of the compensation plan; 6) Forced relocation in violation of legal conditions.
Article 35 If, in violation of the provisions of these Regulations, the housing expropriation department commits any of the following acts, the people's government at the same level shall order it to make corrections and issue a notice of criticism; if losses are caused, it shall be liable for compensation in accordance with the law; those directly responsible shall If a crime is constituted, the person in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be punished in accordance with the law.
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