Chapter I General Provisions
Chapter II Management of Demolition and Relocation
Chapter III Compensation and Resettlement for Demolition and Relocation
Chapter IV Assessment of Demolition and Relocation
Chapter V Penalties
Chapter VI Appendices
People's Governments of the counties and districts, municipal commissions and offices and bureaus, and municipal departments and units directly subordinate to the city:
Herewith the Lianyungang City, urban housing demolition and relocation management regulations" issued to you, please conscientiously implement.
April 1, 2003
Lianyungang City Housing Demolition and Relocation Management Regulations
Chapter I General Provisions
Article 1 In order to strengthen the management of urban housing demolition and relocation, safeguard the legitimate rights and interests of the parties involved in the demolition and relocation to ensure that the construction project is carried out smoothly, according to the State Council "Regulations on the Management of Urban Housing Demolition and Relocation" (hereinafter referred to as the State Council Regulations) and "Jiangsu Province Urban Housing Demolition and Relocation Management Regulations". Jiangsu Province, urban housing demolition and relocation management regulations" (hereinafter referred to as provincial regulations) and other relevant laws and regulations, combined with the actual situation in the city, the formulation of these provisions.
Second in the city's urban planning area on state-owned land for the implementation of housing demolition and relocation, and the need for compensation, resettlement of the demolished people, the application of these provisions.
Article 3 The demolition and relocation of urban housing must be in line with urban planning, conducive to the transformation of old urban areas and ecological environment improvement, and the protection of cultural relics and monuments.
Article 4 The demolition and relocation agent shall, in accordance with these provisions, compensate and resettle the demolished and relocated persons; the demolished and relocated persons shall complete the relocation within the relocation period.
The demolition and relocation person referred to in these provisions is the unit that has obtained the House Demolition and Relocation License.
The demolition and relocation unit referred to in these provisions, refers to the specific organization and implementation of demolition and relocation work.
The person being demolished and relocated referred to in these provisions means the owner of the house being demolished and relocated.
Article 5 Lianyungang City Housing Demolition and Relocation Office is the municipal people's government of urban housing demolition and relocation of management (hereinafter referred to as the municipal housing demolition and relocation of management), is responsible for the implementation of the supervision and management of urban housing demolition and relocation work.
The people's governments of the districts and the city, district planning, construction, land, real estate, prices, industry and commerce, taxation, public security and other relevant departments should be in accordance with the relevant laws and regulations and the provisions of this regulation, cooperate with each other, to ensure that urban housing demolition and relocation of management work is carried out smoothly.
Chapter II demolition management
Article 6 The demolition of housing implementation of the "housing demolition license" system. Demolition and relocation of housing units to obtain "housing demolition and relocation license" before the implementation of demolition and relocation.
Article 7 An application for a Permit for House Demolition and Relocation shall be submitted to the Municipal Housing Demolition and Relocation Management Department with the following information:
(1) Construction Land Use Planning Permit (with a red line map);
(2) Approval Document for the Right to Use State-Owned Land;
(3) Demolition and Relocation Plan and Demolition and Relocation Program.
The municipal housing demolition and relocation management department shall, within 15 days from the date of receipt of the application, review the application; after review, to meet the conditions and housing demolition and relocation of compensation and resettlement of funds deposited in full into the municipal housing demolition and relocation of funds set up by the municipal housing demolition and relocation of the bank account and the demolition of the management fee in accordance with the provisions of the issuance of the "Housing Demolition and Relocation Permit".
"House demolition and relocation permit" issued within 10 days, the demolition shall hold "house demolition and relocation permit" to the municipal real estate management department for the proposed demolition of housing ownership certificate cancellation registration procedures.
Article 8 The funds for compensation and resettlement for house demolition shall be used exclusively for compensation and resettlement for demolition and relocation, and shall not be diverted for other purposes.
The municipal housing demolition and relocation management department is responsible for the unified management of housing demolition and relocation compensation and resettlement funds, unified settlement, and accept the supervision of the municipal financial and audit departments. Specific measures by the municipal housing demolition and relocation management department to develop separately.
Article IX municipal housing demolition and relocation management department in the issuance of "housing demolition and relocation license" at the same time, shall be "housing demolition and relocation license" contained in the demolition and relocation of the demolition and relocation of people, demolition and relocation of the scope of demolition and relocation of the demolition and relocation of the period of time, and other matters, in the form of housing demolition and relocation of the announcement shall be published.
The municipal housing demolition and relocation management department, the demolition and relocation of people and demolition units should be timely to the demolished and relocated people to do a good job of publicity and explanation.
Article 10 the demolition and relocation shall be carried out in the "housing demolition and relocation permit" to determine the scope of demolition and relocation and demolition period, shall not change the scope of demolition and relocation and demolition period.
Article 11 The demolition and relocation may be entrusted to the demolition and relocation of qualified demolition and relocation units to carry out the demolition and relocation; with the appropriate conditions, may also be demolished and relocated.
The municipal housing demolition and relocation management department shall not act as the demolition and relocation agent, and shall not accept the demolition and relocation entrustment.
Staff engaged in demolition and relocation must undergo professional training by the municipal housing demolition and relocation management department, pass the examination, and obtain the "demolition and relocation induction certificate" before engaging in demolition and relocation work.
The service fee standard for commissioned demolition and relocation shall be set by the municipal price authority.
Article 12 The demolition and relocation entrusted by the demolition and relocation, shall be entrusted to the demolition and relocation unit issued a power of attorney, and enter into a demolition and relocation entrustment contract. The demolition shall, within 15 days from the date of conclusion of the demolition entrusted contract, the demolition entrusted contract shall be reported to the municipal housing demolition and relocation management department for the record.
The entrusted demolition unit shall not transfer the demolition business.
Article 13 After the scope of demolition and relocation is determined and announced, all units and individuals within the scope of demolition and relocation shall not carry out the following activities:
(1) new construction, expansion, alteration and renovation of housing;
(2) change of use of housing and land;
(3) rental of housing.
The municipal housing demolition and relocation management department shall, in respect of the matters listed in the preceding paragraph, notify the relevant departments in writing to suspend the relevant procedures. Suspension of the written notice shall contain the suspension period. Suspension period shall not exceed a maximum of 1 year; demolition of people need to extend the suspension period, must be approved by the municipal housing demolition and relocation management department, the extension of the suspension period shall not exceed 1 year.
Article 14 the demolition and relocation of people and the demolition and relocation of people shall, in accordance with the provisions of the demolition and relocation compensation agreement.
The agreement on compensation and resettlement for demolition and relocation shall set forth the following matters:
(1) the method of compensation and the amount of compensation;
(2) the location of the house in which the property rights are to be exchanged and its floor area;
(3) the period of relocation;
(4) the method of transition and its period of time;
(5) the amount of the difference in price between the house in which the property rights are to be exchanged and the manner of payment;
(6) the amount of the difference in price between the house in which the property rights are to be exchanged and its
(vi) the liability for breach of contract and dispute resolution;
(vii) other terms and conditions that the parties consider necessary.
In the case of demolition of a leased house, the demolisher shall enter into a demolition compensation and resettlement agreement with the person to be demolished and the lessee of the house.
Article 15 After the conclusion of the agreement on compensation and resettlement for demolition and relocation, the demolition and relocation of the demolished person or house lessee refuses to move within the relocation period, the demolition and relocation of the demolition and relocation of the demolished person may apply for arbitration to arbitration institutions, or may also be sued to the people's court in accordance with law. During the litigation, the demolition and relocation of people may apply to the people's court for prior execution in accordance with the law.
Article 16 the demolition and relocation of the demolition or demolition, the demolition and relocation of the demolition and relocation of the tenant and the housing tenant fails to reach the demolition and relocation of compensation and resettlement agreement, upon application by the parties concerned, the municipal housing demolition and relocation of the management of the department to rule. If the municipal housing demolition and relocation management department is the person to be demolished and relocated, the municipal people's government shall adjudicate. The ruling shall be made within 30 days from the date of receipt of the application.
Parties who are not satisfied with the ruling may file a lawsuit with the people's court within 3 months from the date of delivery of the ruling. Where the demolisher grants monetary compensation to the demolished person or provides demolished and relocated housing or transitional housing in accordance with these provisions, the execution of the demolition and relocation shall not be stopped during the litigation.
Article 17 If the demolished person or housing tenant fails to relocate within the relocation period stipulated in the ruling, the Municipal People's Government shall instruct the relevant departments to compel the demolition and relocation, or the Municipal Housing Demolition and Relocation Administration shall apply to the People's Court to compel the demolition and relocation in accordance with law.
Before the implementation of compulsory demolition and relocation, the demolition and relocation shall apply to the notary public for the preservation of evidence on matters relating to the demolished house.
Article 18 of the municipal construction projects require the demolition of housing, in accordance with the first demolition to vacate the land, and then deal with the principle of disputes. The person to be demolished and relocated, the housing tenant shall be in accordance with the demolition and relocation announcement deadline requirements, to ensure that the demolition and relocation on schedule.
The municipal construction projects referred to in these provisions, refers to the municipal roads, urban bridges and culverts, urban flood control, drainage facilities, urban green space, squares, gas, heat, water supply and other municipal infrastructure construction projects approved by the municipal government.
Article 19 The house demolition and relocation construction must be undertaken by the enterprises with guaranteed safety conditions and the qualification of building construction enterprises. Demolition and relocation of construction companies in the contract demolition business must develop demolition programs and safety measures, according to the relevant provisions of the security deposit, and by the municipal housing demolition and relocation of the management department of the examination and approval before the implementation of the demolition business. Specific measures by the municipal housing demolition and relocation management department to develop.
Article 20 has not yet completed the demolition compensation resettlement of the construction project transfer, shall be agreed by the municipal housing demolition and relocation management department, the original demolition compensation resettlement agreement contained in the relevant rights and obligations are transferred to the project transferee. Project transferor and transferee shall notify the demolished person in writing, and shall be announced within 30 days from the date of signing the transfer contract.
Article 21 The demolition and relocation person shall, within 30 days after the demolition of the house, hold the original certificate of ownership of the house to the municipal housing ownership registration authority for the cancellation of registration.
The municipal housing demolition and relocation management department shall establish and improve the demolition and relocation file management system, and strengthen the management of demolition and relocation of archival materials.
Chapter III Compensation and Resettlement for Demolition and Relocation
Article 22 The demolition and relocation shall be in accordance with the provisions of this regulation, the demolished and relocated people to give compensation.
Demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; demolition of temporary buildings not exceeding the approved period shall be compensated appropriately according to the replacement price of their floor area in combination with the remaining period (except where otherwise provided by the planning department).
Article 23 The method of compensation for demolition and relocation may be in the form of monetary compensation or in the form of property rights exchange of the same value as the amount of monetary compensation.
Except as provided in the second paragraph of Article 29 of these Regulations, the person to be demolished and relocated may choose the method of compensation for demolition and relocation.
Article 24 The amount of monetary compensation is assessed and determined according to the location, use, floor area and other factors of the house being demolished and relocated by the demolition and relocation of the person being demolished and relocated. Specific measures shall be separately formulated by the municipal price and housing demolition and relocation management department in accordance with the relevant provincial regulations.
The building area of the demolished house shall be subject to the certificate of ownership of the house. If the demolished person cannot provide the certificate of ownership of the house, he may apply to the municipal real estate management department for the registration of ownership, and the municipal real estate management department shall make a decision on granting or not granting the registration within 7 days from the date of receipt of the application and notify the person concerned in writing. Municipal real estate management department to meet the conditions for registration shall be issued within 10 days from the date of receipt of the application for housing ownership certificate.
Article 25 of the implementation of housing property rights exchange, the demolition of the demolition and the demolished shall be based on the provisions of the first paragraph of Article 24 of the provisions of the calculation of the amount of compensation for the demolished house and the price of the house exchanged (new residential housing according to the price approved by the competent department of the price), to settle the difference in the price of the property rights exchange.
The demolisher shall provide housing that conforms to national quality and safety standards for demolition and resettlement. The implementation of relocation, shall be a one-time resettlement.
The transitional period for demolition and relocation shall not exceed 18 months from the date on which the demolished person or the tenant of the house vacates the house. The demolisher, the demolished person or the lessee of the public housing shall abide by the agreement on the transition period.
In the event that the transitional period is extended due to the responsibility of the demolisher, from the month of the overdue period, unless otherwise agreed by the parties concerned, the demolisher shall pay the demolished person or the lessee of the public housing tenant an additional temporary resettlement subsidy in accordance with the following provisions:
(1) If the demolished person or the lessee of the housing tenant resolves the transitional housing on his own, and the extension time is less than 12 months, the payment of an additional temporary resettlement subsidy is one times; If the extension period exceeds 12 months, the temporary relocation subsidy shall be doubled from the month of the extension;
(ii) if the transitional housing is provided by the demolisher, the temporary relocation subsidy shall be paid in accordance with the standard for the extension period of 12 months or less; if the extension period exceeds 12 months, the temporary relocation subsidy shall be doubled from the month of the extension.
If a legal residential house approved for construction is demolished less than five years from the date of its completion to the date of issuance of the demolition permit, the demolisher shall increase the amount of compensation for the house by 15% for the person to be demolished.
Article 26 Where a house for public welfare purposes is demolished, the demolisher shall rebuild it in accordance with the provisions of the relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Demolition of primary and secondary school buildings or kindergartens, shall obtain the approval of the administrative department of education, and in accordance with the planning requirements and the principle of building before demolition to build a new school building, kindergarten, the expansion part of the necessary costs borne by the demolished. Due to national key construction projects, the demolition of primary and secondary schools, kindergartens need to be built while demolition, the city housing demolition and relocation management department in conjunction with the education department and the demolished to make appropriate arrangements for the enrollment of students, the demolition shall be compensated in accordance with the provisions of the demolition.
Demolition of private primary and secondary school buildings or kindergartens, the demolition can also choose to monetary settlement.
Article 27: Where the demolition involves military facilities, churches, temples, cultural relics and monuments and other houses, they shall be handled in accordance with the provisions of the relevant laws and regulations.
Article 28 If the person to be demolished has only one housing unit and the amount of monetary compensation received is less than the minimum standard of compensation, the demolition and relocation agent shall compensate the person to be demolished and relocated in monetary terms in accordance with the minimum standard of compensation for demolition and relocation.
If the person to be demolished and relocated is still unable to solve the housing problem after receiving monetary compensation in accordance with the preceding paragraph of this Article, the demolition and relocation agent shall use the monetary compensation to purchase a second-hand house with a floor area of about 50 square meters in a different place for resettlement. Resettlement of housing beyond the monetary compensation for the purchase of the area of the part of the demolished shall be assessed at the market price to pay off the difference in price.
The minimum standard of compensation for demolition is 40,000 yuan for the first class area, 35,000 yuan for the second class area and 30,000 yuan for the third class area.
Article 29 Demolition and relocation of publicly owned rental residential housing that carries out the rent standards set by the government shall be carried out by the lessee after the lessee purchases and terminates the lease relationship at 90% of the replacement price of the demolished housing, and the demolition and relocation shall be carried out by the demolition and relocation agent for compensation and resettlement of the lessee.
The demolished person and the lessee of the house on the dissolution of the lease relationship fails to reach an agreement, the demolition shall be carried out by the demolition of the demolished person of the property rights of the house in exchange. Property rights exchange of housing by the original housing tenant, the demolished person shall re-establish a housing lease contract with the original housing tenant.
Demolition caused by changing the terms of the lease contract, should be subject to the needs of urban construction to make corresponding changes.
Demolition of real estate management department directly under the control of public housing from residential housing to change the use of non-residential housing, public housing tenants to choose monetary compensation, the property owner shall be similar to the district of residential housing in the district compensation price of 1.5 times the monetary compensation.
Article 30 The formation of a lease relationship due to the national policy on private housing renovation shall be subject to monetary compensation, and the demolition and relocation agent shall, in addition to the monetary compensation for the demolished person, also pay the lessee of the housing and then pay the district compensation price as a subsidy for the purchase of his/her house.
Article 31 The demolition of unclear property rights or housing management department of the house, the demolition shall put forward the compensation and resettlement program, reported to the municipal housing demolition and relocation of the management department for examination and consent to the implementation of the demolition. Compensation for demolition and relocation shall be paid by the demolition and relocation person to the municipal real estate department in accordance with the relevant provisions. Before the demolition, the demolition and relocation of the demolition and relocation of the house shall be demolished to the notary public for the preservation of evidence on matters relating to the house.
Article 32 The demolition and relocation of houses with mortgages or houses on land with mortgages shall be carried out in accordance with the state laws on guarantees.
Article 33 The demolition and relocation agent shall pay moving subsidies to the demolished person or the lessee of public housing.
Where monetary compensation is practiced, the demolisher shall pay a one-time payment of six months' temporary relocation subsidy.
Where property rights exchange is practiced, the demolition and removal agent shall pay the temporary resettlement subsidy if the demolished person or the lessee of the house arranges his own residence during the transitional period; if the demolished person or the lessee of the house uses the transitional house provided by the demolition and removal agent, the demolition and removal agent shall not pay the temporary resettlement subsidy.
The standards for the moving subsidy and the temporary relocation subsidy shall be formulated separately by the municipal housing demolition and relocation management department and the price management department.
Article 34 If the demolition and relocation of non-residential housing results in the cessation of production or business, the demolition and relocation agent shall give a one-time comprehensive subsidy. Specific standards by the municipal housing demolition and relocation management department and price management department to formulate.
Chapter IV Demolition and relocation assessment
Article 35 The institutions engaged in housing demolition and relocation assessment shall have the prescribed real estate appraisal qualifications.
The municipal real estate, housing demolition and relocation and price management departments shall annually publish a list of demolition and relocation appraisal organizations to the public for the choice of the demolisher and the demolished.
Article 36 The demolition and relocation assessment shall take into account the following factors related to the demolished house:
(1) location: the baseline price of the location of the demolished house, as well as the house's surroundings, transportation and commercial services, convenience, public **** utility facilities supporting the status of the location of the adjustment factors. Location benchmark price by the municipal price management department in conjunction with the city housing demolition and relocation and other management departments to develop, reported to the municipal people's government for approval and publication, and timely adjustments in accordance with market conditions.
(2) use: the use indicated on the certificate of housing ownership shall prevail, and if the use is not indicated on the certificate of housing ownership, the use recorded in the property rights file shall prevail, but for those who have obtained the industrial and commercial business license and have been in continuous business for more than 1 year, they can be assessed with reference to the business premises.
The residential housing demolition and relocation compensation valuation is based on the higher of the valuation results of the Comprehensive Appraisal Method and the Market Comparison Method for residential housing as the final appraisal price.
Non-residential housing (subject to the use indicated in the housing ownership certificate or the use recorded in the property rights records) is valued for demolition compensation by the comprehensive appraisal method and the market comparison method (or the income method), and the average of the results of the two valuation methods is taken as the final appraisal price. The comprehensive appraisal method is used for the valuation of residential houses converted into non-residential houses.
If a residential house has been converted into a non-residential house and is actually used for legal business operation, and the following conditions are met, 90% of the street-level store business premises will be appraised with reference to the Comprehensive Appraisal Method for Non-Residential Houses, and 10% of the premises will be appraised with reference to the Comprehensive Appraisal Method for Residential Houses. For non-street front business premises, 50% of the premises will be assessed with reference to the Comprehensive Appraisal Method for Non-residential Premises and 50% will be assessed with reference to the Comprehensive Appraisal Method for Residential Premises.
1. Self-employment in private houses
(1) There is a certificate of ownership of the house, a certificate of the right to use state-owned land, and the place of business is within the scope of the legal building;
(2) The property tax and the annual rent of the land of the house for non-residential use have been paid continuously for more than three years according to the law;
(3) There is a valid industrial and commercial business license and tax registration certificate of the owner of the property, the owner of the property, the owner of the ****, or a member of the immediate family of the owner who lives in the same household for more than three years. registration certificate for more than 3 years.
2. Private rental business
(1) with the first paragraph of the conditions of private self-employment in the first 1, 2;
(2) have a business housing lease certificate, certificate of other rights of the land (state-owned land-use right rental license);
(3) have a valid industrial and commercial business license and tax registration certificate consistent with the "Housing Lease Contract" household name.
If a residential house that does not meet the above conditions has been converted into a non-residential house for use and is actually engaged in legal business, 40% of the business premises along the street shall be assessed with reference to the Comprehensive Assessment Method for Non-Residential Houses, and 60% of the business premises shall be assessed with reference to the Comprehensive Assessment Method for Residential Houses. For non-street front business premises, 20% shall be assessed with reference to the Comprehensive Appraisal Method for Non-residential Premises and 80% shall be assessed with reference to the Comprehensive Appraisal Method for Residential Premises.
(3) Building area: the building area as stated in the certificate of ownership of the house; if the building area of the house is smaller than the land use area, the area of compensation for the district shall be calculated in accordance with the land use area;
(4) Decoration: the compensation for the decoration shall be calculated in accordance with the grade and price of the decorative materials, depreciation period and other factors;
(5) Other factors: the building structure, the form of structure, the degree of newness, the floor area, the number of floors, and other factors. (v) Other factors: the form of the structure, the degree of newness, the floor, the height, the direction and so on.
Article 37 The institution to appraise the real estate market price of the demolished house shall be selected by the demolisher and the demolished person*** together; if the demolisher and the demolished person fail to reach an agreement, the municipal housing demolition and relocation management department shall draw lots to determine the appraisal institution that meets the conditions, and the municipal housing demolition and relocation management department shall announce the time and place of the drawing at the place where the house is demolished and relocated 3 days prior to the drawing of lots.
The cost of real estate market assessment of the demolished house by the appraisal organization shall be borne by the demolisher.
Article 38 If the demolisher or the demolished person has any objection to the appraisal result, he may request the appraisal organization to give an explanation or clarification within 5 working days from the date of delivery of the appraisal result. The appraisal organization shall make the explanation or clarification within five working days. If there is still any objection after the explanation or justification, the objecting demolisher or the demolished person may entrust other appraisal organizations in compliance with these provisions to reassess the appraisal.
If the reassessment result is within the permissible error of the original assessment result, the original assessment result shall be valid, and the cost of reassessment shall be borne by the client. If the reassessment result and the original appraisal result are beyond the permissible error range, the municipal housing demolition and relocation management department will select experts in the expert database by drawing lots for appraisal. If the appraisal adopts the original appraisal result, the cost of reassessment and expert appraisal shall be borne by the principal of reassessment and the organization of reassessment *** together; if the appraisal adopts the result of reassessment, the cost of reassessment and expert appraisal shall be borne by the relative of the principal and the original appraisal organization *** together.
The permissible margin of error referred to in the preceding paragraph shall be ±3% of the appraised amount of the house being demolished.
The expert appraisal costs referred to in the preceding paragraph shall be borne in accordance with the proportion of 10% for the demolisher or the person to be demolished and 90% for the appraisal organization.
The appraisal organization shall charge the appraisal fee according to the standard set by the municipal price management department.
Article 39 The demolition and relocation of the demolition and relocation of the place shall be announced within 5 days after the end of the assessment results.
Chapter V Penalties
Article 40 If a person violates these provisions and carries out demolition and relocation without obtaining a Permit for House Demolition and Relocation, the municipal housing demolition and relocation management department shall, in accordance with Article 34 of the State Council Regulations, order the demolition and relocation to be stopped, give a warning, and impose a fine of RMB 20 yuan per square meter of the floor area of the house that has been demolished or relocated to a fine of RMB 50 yuan or more per square meter of the building area of the house.
Article 41 Where a demolisher violates these provisions and obtains a Permit for House Demolition and Relocation by deception, the municipal housing demolition and relocation management department shall revoke his Permit for House Demolition and Relocation in accordance with the provisions of Article 35 of the Regulations of the State Council, and shall impose a fine of not less than 1% and not more than 3% of the funds used for compensation and resettlement.
Article 42 Where a demolition and relocation agent violates these provisions in any of the following acts, the municipal housing demolition and relocation administration department shall, in accordance with the provisions of Article 36 of the Regulations of the State Council, order the demolition and relocation to be stopped, give a warning, and may also impose a fine of not more than 3% of the funds for compensation and resettlement for the demolition and relocation; if the circumstances are serious, the Housing Demolition and Relocation Permit shall be revoked:
(1) Failing to Implementing housing demolition and relocation;
(ii) entrusting the implementation of demolition and relocation of units not qualified for demolition and relocation;
(iii) unauthorized extension of the deadline for demolition and relocation.
Article 43 If a demolition and relocation unit entrusted with a demolition and relocation business is transferred in violation of these provisions, the municipal housing demolition and relocation management department shall, in accordance with the provisions of Article 37 of the State Council Regulations, order rectification, confiscate the illegal income, and impose a fine of not less than 25% and not more than 50% of the demolition and relocation service fee agreed upon in the contract.
Article 44 Where a party to a demolition or relocation commissions an unqualified appraisal organization to carry out a demolition or relocation appraisal in violation of these regulations, the housing demolition and relocation administration department shall order rectification.
Article 45 Where an appraisal organization colludes with a party to demolition and relocation to intentionally lower or raise the real estate market appraisal price of the demolished house, the appraisal result shall be invalid, and the municipal housing demolition and relocation management department shall impose a fine of 5,000 yuan or more than 50,000 yuan or less according to the provisions of Article 25 of the Provincial Regulations; where there is any illegal income, the illegal income shall also be confiscated; where the circumstances are serious, the appraisal qualification shall be suspended or canceled. Assessment qualification; constitutes a crime, shall be investigated for criminal responsibility according to law. If it causes losses to others, it shall be liable for compensation according to law.
Article 46 of the housing demolition and relocation management departments and other relevant departments of the staff, dereliction of duty, beyond or abuse of power, favoritism, bribery, violation of the legitimate rights and interests of the parties involved in the demolition and relocation of the person in charge of directly responsible personnel and personnel directly responsible for the department or the competent department or the competent department of the superior to be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Chapter 6 Supplementary Provisions
Article 47 If the demolition and relocation of houses is carried out on foreign-owned land in the urban planning area of the city and compensation and resettlement of the people to be demolished and relocated is required, reference shall be made to the implementation of these provisions.
Article 48 The people's governments of the counties may make reference to these provisions to formulate specific management measures.
Article 49 These provisions shall be interpreted by the municipal housing demolition and relocation management department.
Article 50 These provisions shall come into force on April 5, 2003. April 4, 2002, the municipal government issued the "Lianyungang City, urban housing demolition and relocation of management regulations" (Lianzheng Fa [2002] No. 56) shall be repealed simultaneously.
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