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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATION OF DISMANTLEMENT CHAPTER III COMPENSATION AND RESETTLEMENT FOR DISMANTLEMENT CHAPTER IV PUNISHMENT PROVISIONS CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This regulation is formulated for the purposes of strengthening the administration of dismantlement of urban houses, protecting the legitimate rights and interests of the parties concerned to the dismantlement and ensuring the construction projects proceed smoothly. Article 2. The dismantlement of houses on the state-owned land within the range of urban planning, for which it is necessary to compensate and resettle the dismantles, shall be governed by this Regulation. Article 3. The dismantlement of urban houses shall be in line with the urban planning, shall be conducive to the reconstruction of the old areas in cities, to the improvement of ecological environment as well as to the protection of places of cultural relics and historical interests. Article 4. A dismantler shall compensate and resettle the dismantled people in accordance with this Regulation. A dismantled people shall finish the removal within the relevant time limit. The term "distmantler" mentioned in this Regulation refers to an entity which has obtained a house dismantlement permit. The term "dismantled people" mentioned in this Regulation refers to the owners of the houses to be dismantled. Article 5. The construction administrative department of the State Council shall be responsible for the supervision and administration of the urban house dismantlement work throughout the country. The departments responsible for the urban house dismantlement work of the people's government at the county level or above (hereinafter referred to the house dismantlement administrative departments) shall exercise supervision and administration over the urban house dismantlement within their respective administrative area. The relevant departments of the people's governments at the county level or above shall, in pursuance of this Regulation, coordinate efforts with each other so as to ensure the urban house dismantlement administration proceed smoothly. The land administrative departments of the people's governments at the county level or above shall, pursuant to the relevant laws and administrative regulations, be responsible for the land administration work relating to urban house dismantlement. CHAPTER II ADMINISTRATION OF DISMANTLEMENT Article 6. No urban house dismantlement entity may dismantle any urban houses until it obtains a house dismantlement permit. Article 7. To apply for a house dismantlement permit, an applicant shall submit the following materials to the house dismantlement administrative department of the people's government of the city or county where the houses are located: (1)The approval document on the construction project; (2)The permit for planning the use of land in construction; (3)The approval document on the right to use the state-owned land; (4)A dismantlement plan and dismantlement scheme; and (5)A dismantlement compensation and resettlement fund certification issued by the financial institution taking in deposits. The house dismantlement administrative department of the people's government of a city or county shall, within 30 days after it receives an application, examine the application. If the applicant meets the relevant requirements upon examination, it shall issue to the applicant a house dismantlement permit. Article 8. When the house dismantlement administrative department issues a house dismantlement permit, it shall simultaneously, in the form of a house dismantlement announcement, publicize the matters, i.e. the dismantler, dismantled peoples, range of dismantlement, and time limit for the dismantlement, which are indicated in the house dismantlement permit. The house dismantlement administrative department and the dismantled peoples shall properly publicize and explain the relevant matters to the dismantled peoples. Article 9. The dismantler shall dismantle the houses within the dismantlement range and time limit for the dismantlement determined in the house dismantlement permit. If it is necessary to extend the time limit for the dismantlement, the dismantler shall, 15 days prior to the expiry of the time limit, file an application with the house dismantlement administrative department for postponing the dismantlement. The house dismantlement administrative department shall give a reply to the applicant within 10 days after it receives the application. Article 10. The dismantler may dismantle the houses by itself or may authorize an entity with dismantlement qualifications to do so. No house dismantlement administrative department may act as a dismantler or accept the entrustment of dismantlement. Article 11. After the dismantlement range is determined, a dismantler shall issue an authorization to the entrusted dismantlement entity and shall conclude a dismantlement entrustment contract. The dismantler shall, within 15 days after the entry of the entrustment contract, submit this contract to the house dismantlement administrative department for archival purposes. No entrusted dismantlement entity may transfer any dismantlement business to others. Article 12. After the dismantlement range is determined, the entities and individuals within the dismantlement range shall not carry out any of the following activities: (1)new construction, expansion or rebuilding of any house; (2)change of the purpose of any house or land; or (3)lease of any building. The house dismantlement administrative department shall give the relevant department a written notice to suspend the handling of relevant formalities if any entity or individual carries out any of the activities mentioned in the preceding paragraph. The written notice of suspension shall state the time limit for the suspension, which shall not exceed 1 year at most. If the dismantler needs to extend the time limit for suspension, it shall be subject to the approval of the house dismantlement administrative department, but the extension shall not exceed 1 year. Article 13. In accordance with this Regulation, an agreement of compensation and resettlement for compensation shall be concluded between the dismantler and dismantled peoples, which shall stipulate the terms and amount of compensation, area and location of the house for resettlement, time limit for the removal, transition mode of dismantlement and removal, time limit for the transition. In the case of dismantlement of houses, the dismantler shall sign an agreement of compensation and resettlement for dismantlement with the dismantled peoples and tenants of houses. Article 14. If it is necessary to dismantle any house managed by the house dismantlement administrative department instead of others, the agreement of compensation and resettlement for dismantlement, shall be subject to the notarization by a notarization agency and shall be subject to the evidence preservation. Article 15. After the conclusion of an agreement of compensation and resettlement for dismantlement, if any dismantled people or tenant of refuses to move during the time limit for removal, the dismantler may file an arbitration application with the arbitration commission, or may initiate a lawsuit in the people's court. During the course of litigation, the dismantler may file an advance enforcement application with the people's court in accordance with the law. Article 16. If no agreement of compensation and resettlement for dismantlement, is reached between the dismantler and dismantled peoples, or between the dismantler and the dismantled peoples and tenants of houses, upon application of the parities concerned of the house, a decision shall be made by the dismantlement administrative department. If the house dismantlement administrative department is a dismantled people, a decision shall be made by the people's government at the same level. A decision shall be made within 30 days after it receives the application. If any party concerned refuses to accept the decision, it may bring a lawsuit in the people's court within 3 months after the date of service of the decision. If the dismantler has given the dismantled peoples monetary compensation or has provided them with resettlement or temporary-use houses, the dismantlement shall not be stopped during the period of litigation. Article 17. Where any dismantled people or tenant of house fails to move within the time limit for removal provided in the decision, the people's government of the city or county where the house is located shall order the relevant department to enforce the dismantlement, or the house dismantlement administrative department shall file an application with the people's court for enforcing the dismantlement. Before a forced dismantlement is carried out, the dismantler shall carry out evidential preservation with a notary organ regarding the relevant information about the houses to be dismantled. Article 18. If the dismantlement involves any military facilities, church, temple, cultural relics, historic site, foreign embassy (consulate) based in China, it shall be handled pursuant to the relevant laws and regulations. Article 19. With regard to the transfer of a construction project for which the compensation and resettlement of dismantlement has not been finished, the pertinent rights and obligations stipulated in the original agreement of compensation and resettlement for dismantlement shall, upon approval of the house dismantlement administrative department, be transferred to the transferee accordingly. The project transferor and transferee shall make a written notification to the dismantled peoples and shall publish an announcement within 30 days after the date of signing of the transfer contract. Article 20. A dismantler's compensation and resettlement fund for dismantlement of houses shall be totally used for the compensation and resettlement for dismantlement of houses, which shall not be used for any other purpose. The house dismantlement administrative department of the local people's government at the county level or above shall intensify the supervision over the use of compensation and resettlement funds. Article 21. A house dismantlement administrative department shall establish a sound archives management system so as to intensify the management of the archival materials of dismantlement. CHAPTER III COMPENSATION AND RESETTLEMENT FOR DISMANTLEMENT Article 22. A dismantler shall compensate the dismantled peoples in pursuance of this Regulation. No compensation may be made for the dismantlement of any illegal building, or temporary building of which the approved time period has expired. An appropriate compensation shall be made for the dismantlement of any temporary building of which the approved time period has not expired. Article 23. The dismantlement compensation may be made in money or by exchanging of the property rights of houses. Except for the cases mentioned in Paragraph 2 of Article 25 and Paragraph 2 of Article 27 of this Regulation, the dismantled peoples may choose the way of dismantlement compensation. Article 24. The amount of monetary compensation shall be determined on the basis of evaluated market price while taking account of the location, purpose, building area of the houses to be demolished and other factors. Article 25. When exchanging the property rights of houses, the dismantler and the dismantled peoples shall, under Article 24 of this Regulation, calculate the compensation amount of the houses to be dismantled and the price of the houses for the exchange and shall settle the price difference in the exchange of property rights. With regard to the dismantlement of the annexes of a non-public-utility building, the compensation shall be made in money by the demolisher instead of exchanging property rights. Article 26. With regard to the dismantlement of houses used for public utilities, the dismantler shall rebuild the houses or make monetary compensations in accordance with the provisions of the laws and regulations, and the requirements of the city planning. Article 27. Where any leased house is to be dismantled, the dismantler shall compensate the dismantled people for rescinding the leasehold relations between the dismantled people and the tenant or for its resettling the tenant. Where no agreement could be reached between a dismantled people and the tenant of a house with regard to the rescission of the leasehold relations, the dismantler shall exchange property rights with the dismantled people rather than make a monetary compensation. The house exchanged for the house to be dismantled shall be rented by the original tenant and the dismantled people shall conclude a new house lease contract with the original tenant. Article 28. The houses used by a dismantler for resettlement shall meet the quality and safety standards of the state. Article 29. Where any house of which the property right is ambiguous is to be dismantled, the dismantler shall put forward a compensation and resettlement plan and submit it to the house dismantlement administrative department for examination and approval. After it has been granted an approval, it may dismantle the house. Prior to the dismantlement, the dismantler shall handle the relevant matters relating to the evidence preservation in a notarization agency. Article 30. The dismantlement of any mortgaged house shall comply with the guaranty law of the state. Article 31. The dismantler shall pay subsidies to the dismantled peoples or tenants of the houses to be dismantled for removal and other expenses. Within the period of transition, if the dismantled peoples or the tenants arrange their dwelling places by themselves, the demolisher shall pay them temporary resettlement subsidies. If the dismantled peoples or tenants use the temporary-use houses provided by the dismantler, the dismantler need not pay them temporary resettlement subsidies. The rates for the removal subsidies and temporary resettlement subsidies shall be decided by the people's government of each province, autonomous region or municipality directly under the Central Government. Article 32. No dismantler may extend the transition time period randomly. The user of a temporary-use house shall vacate the temporary-use house in time. If the transition time period is extended for the dismantler's reason, the dismantler shall, from the month when the transition time period expires, increase the temporary resettlement subsidies to the dismantled peoples or tenants who arrange dwelling places by themselves, begin to pay temporary resettlement subsidies to the users of temporary-use houses. Article 33. With regard to the suspension of production or business caused by dismantlement of non-residential houses, the dismantler shall offer appropriate compensations. CHAPTER IV PUNISHMENT PROVISIONS Article 34. Anyone who fails to obtain a house dismantlement permit but dismantles houses by violating this Regulation shall be ordered to stop the dismantlement, shall be given a warning and shall be fined not less than 20 yuan but not more than 50 yuan per sq.m. of the building area of the dismantled houses by the house dismantlement administrative department. Article 35. Where any dismantler, in violation of this Regulation, obtains a house dismantlement permit by deceitful means, the house dismantlement administrative department shall revoke its house dismantlement permit and impose upon it a fine of not less than 1% but not more than 3% of the compensation and resettlement fund for dismantlement. Article 36. Where a dismantler commits any of the following acts in violation of this Regulation, the house dismantlement administrative department shall order it to stop the dismantlement and give a warning and may impose upon it a fine of less than 3% of the compensation and resettlement fund for dismantlement. If the circumstances are serious, the house dismantlement permit shall be revoked: (1)Failing to comply with the dismantlement range indicated in the house dismantlement permit; (2)Entrusting an entity without dismantlement qualifications to carry out the dismantlement; or (3)Extending the dismantlement time limit randomly. Article 37. Where an entrusted dismantlement entity transfers the dismantlement business to others by violating this Regulation, the house dismantlement administrative department shall order it to make corrections and impose upon it a fine of not less than 25% but not more than 50% of the dismantlement service fee stipulated in the contract. Article 38. Where a house dismantlement administrative department of the local people's government issues any house dismantlement permits and other approval documents by violating this Regulation, or fails to perform the supervisory and administrative duties after it issues any house dismantlement permits and other approval documents, or fails to investigate and punish any offence, the directly liable person-in-charge and other directly liable persons shall be given an administrative sanction. If the circumstances are serious, if the public property, and interests of the state and people suffer from heavy losses and if any crime is constituted, the directly liable person-in-charge and other directly liable persons shall be subject to criminal liabilities. CHAPTER V SUPPLEMENTARY PROVISIONS Article 39. The dismantlement of houses on the state-owned land outside the urban planned areas, for which it is necessary to compensate and resettle the dismantled peoples shall be governed by this Regulation. Article 40. This Regulation shall come into force as of November 1, 2001. The Regulation on the Administration of Dismantlement of Urban Houses promulgated by the State Council on March 22, 1991 shall be abolished simultaneously. |
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