Senator Marco Rubio, Cochairman
Urban Housing Demolition and Relocation Management Regulations (CECC Full Translation)
: June 4, 2001
The following is a translation prepared by the Congressional-Executive Commission on China of the "Urban Housing Demolition and Relocation Management Regulations" issued by the PRC State Council on June 6, 2001. The Chinese text follows.
Urban Housing Demolition and Relocation Management Regulations
State Council Order No. 305
Issued on June 6, 2001 and effective as of November 1, 2001
Chapter I - General Principles
These regulations are formulated in order to strengthen the management of urban housing demolition and relocation, safeguard the legal rights and interests of demolition and relocation parties, and preserve the smooth progress of construction projects.
These regulations are applicable where demolition and relocation is implemented on state owned land in city planning areas and where compensation and resettlement for demolition and relocation subjects [hereinafter, “demolition subjects”](Note 1) is necessary.
Urban housing demolition and relocation must conform to the city plan, benefit the transformation of old city areas and improvement of the environment, and preserve cultural relics and historic sites.
The entity conducting demolition [hereinafter “demolition entity”](Note 2) shall provide compensation and resettlement for demolition subjects in accordance with the provisions of this regulation; demolition subjects shall complete relocation within the time limits for relocation.
“Demolition entity,” as used in these regulations, refers to the work unit that obtains the housing demolition and relocation permit.
“Demolition subject,” as used in these regulations, refers to the owner of the housing to be demolished and relocated.
The competent construction administration departments of the State Council carry out supervision and management over urban housing demolition and relocation work throughout the country.
Local people’s government offices at the county level and above that are responsible for managing housing demolition and relocation work (hereafter referred to as “demolition and relocation management offices”) carry out supervision and management over urban demolition and relocation work within their administrative districts. The relevant offices of people’s governments at the county level and above shall coordinate with each other and guarantee the smooth progress of housing demolition and relocation management work according to these regulations.
Land administration bureaus of people’s governments at the county level and above are responsible for land administration work related to urban housing demolition and relocation in accordance with the provisions of the law and administrative regulations.
Chapter II - Demolition and Relocation Management
After a work unit that will demolish and relocate housing obtains a housing demolition and relocation permit, it may carry out demolition and relocation.
Those applying for a demolition and relocation permit shall provide the following materials to the housing demolition and relocation management office of the people’s government for the locality where the housing is located:
(1) Construction project approval documents;
(2) Construction land use plan permit;
(3) State owned land use rights approval document;
(4) Demolition and relocation plan and program;
(5) Proof that the financial institution handling deposit work has issued payment for demolition and relocation compensation and resettlement.
The housing demolition and relocation management department of the city or county people’s government shall conduct examination and investigation into the application within 30 days of receiving it and issue a housing demolition and relocation permit if the application meets the requirements.
Housing demolition and relocation management departments shall, at the same time that they grant the housing demolition and relocation permit, record the demolition entity, the scope of the demolition and relocation, the time limit for demolition and relocation, etc. on the permit and shall publish [such information] in the form of a public housing demolition and relocation announcement.
Demolition entities shall carry out housing demolition and relocation within the demolition and relocation scope and the time limits set forth in the housing demolition and relocation permit.
Where it is necessary to extend the time limit for demolition and relocation, the demolition entity shall make an extension application to the housing demolition and relocation management office at least 15 days before the demolition and relocation time limit expires. Housing demolition and relocation management offices shall issue a reply within ten days of receiving the demolition and relocation extension application.
Demolition entities may conduct demolition and relocation on their own, or may commission a work unit with demolition and relocation qualifications to carry out the demolition and relocation.
Demolition and relocation management offices may not act as demolition entities and may not accept commissions to conduct demolition and relocation.
A demolition entity that commissions demolition and relocation shall provide a power of attorney to the work unit commissioned with demolition and relocation and sign a demolition and relocation commission contract. Demolition entities shall report demolition and relocation commission contracts for filing with the housing demolition and relocation management office within fifteen days of signing such contracts.
Commissioned demolition and relocation work units may not transfer their demolition and relocation obligation.
After the scope of demolition and relocation is set, work units and individuals within the scope of demolition and relocation are prohibited from conducting the following activities:
(1) Building, expanding, or remodeling housing;
(2) Changing the use of the housing or land;
(3) Renting housing.
Housing demolition and relocation management offices shall notify the relevant offices in writing that they should temporarily suspend handling procedures related to the matters listed in the prior clause. The notice to temporarily suspend procedures should clearly state the time period for suspension. The time period for suspension may not exceed one year. If a demolition entity must extend the period of suspension, it must obtain the approval of the housing demolition and relocation management office, and the period of extension may not exceed one year.
Demolition entities and demolition subjects shall sign a compensation and resettlement agreement covering the form of compensation and the compensation amount, the location and area of resettlement housing, time limits for relocation, form and time periods for intermediate stage relocation, etc., according to the provisions of these regulations.
Where rented housing is to be demolished and relocated, the demolition entity shall sign a compensation and resettlement agreement with the demolition subject and with the housing tenant.
Where housing managed for others by the housing demolition and relocation management office must be demolished and relocated, the demolition and relocation compensation and resettlement agreement must be notarized by a notarization organ and the evidence must be preserved.
If, after a demolition and relocation compensation and resettlement agreement has been signed, the demolition subject or housing tenant refuses to relocate within the time limit for relocation, the demolition entity may apply for arbitration with an arbitration committee and may also file suit in a people’s court according to the law. During the litigation, the demolition entity may apply, in accordance with the law, to the people’s court for implementation of [the demolition].
If a demolition entity and demolition subject, or a demolition entity, demolition subject, and housing tenant cannot conclude a demolition and relocation compensation and resettlement agreement, the housing demolition and relocation management office may adjudicate upon application by a party. If the housing demolition and relocation management office is the demolition subject, then the people’s government at the same level shall adjudicate. An adjudication decision shall be issued within thirty days of the receipt of the application.
If a party is not satisfied with an adjudication decision, it may file suit in a people’s court within thirty days of receiving the adjudication decision. Where demolition entities have already provided monetary compensation or demolition and relocation resettlement housing and transition housing according to these regulations, the implementation of demolition and relocation shall not be suspended during the time of the lawsuit.
Where demolition subjects or housing tenants do not relocate within the time limit for relocation provided in the adjudication decision, the city or county people’s government in the place where the housing is located shall charge the relevant departments with carrying out forced demolition and relocation, or the housing demolition and relocation management office shall apply to the people’s court according to law for a forced demolition and relocation.
Before forced demolition and relocation is implemented, demolition entities shall have a notarization organ preserve evidence of the relevant items in the housing to be torn down.
Demolition and relocation that relates to military installations, churches, temples, cultural relics and historic sites, or foreign embassy or consulate housing, shall be handled in accordance with the relevant laws and regulations.
The agreement of the housing demolition and relocation management office must be obtained for the transfer of incomplete demolition and relocation compensation and resettlement construction projects, and all of the rights and obligations of the original compensation and resettlement agreement shall be transferred to the assignee. The project transferor and transferee shall notify the demolition subject in writing and make a public announcement within thirty days of signing the transfer contract.
The compensation and resettlement funds of demolition entities that implement housing demolition and relocation shall be used for compensation and resettlement for housing demolition and relocation and may not be diverted for other uses.
The housing demolition and relocation management office of local people’s governments at the country level and above shall strengthen supervision over the use of compensation and resettlement funds.
Housing demolition and relocation management offices shall establish and strengthen demolition and relocation file management systems and strengthen management of demolition and relocation file materials.
Chapter III - Demolition and Relocation Compensation and Resettlement
Demolition entities shall provide compensation to demolition subjects in accordance with the provisions of these regulations.
Compensation shall not be provided for the demolition of illegal structures or temporary structures that exceed approved time limits. Appropriate compensation shall be given for demolition of temporary structures that do not exceed approved time limits.
Compensation for demolition and relocation may take the form of monetary compensation and also an exchange of housing property rights.
Except as provided in article 25, clause 2 and article 27, clause 2 of these regulations, the demolition subject may choose the form of demolition and relocation compensation.
The amount of monetary compensation shall be determined according to the location, use, building area, and other factors [related to] the demolition subject’s housing as well as an evaluation of the market price.
Where a housing rights exchange is implemented, the demolition entity and the subject shall calculate the compensation amount and the price of exchange housing and settle on the price difference for the property to be exchanged in accordance with the provisions of article 24 of these regulations.
Where appendages to housing that is not needed for the public good are demolished, property exchange is not undertaken and the demolition entity shall provide monetary compensation.
Where housing that is needed for the public good is demolished and relocated, the demolition entity shall rebuild in accordance with the provisions of the relevant laws and regulations and the needs of the urban plan, or provide monetary compensation.
Where rented housing is demolished and relocated, the demolition subject and housing tenant shall extinguish their rental relationship, or the demolition subject shall provide resettlement for the housing tenant and the demolition entity shall provide compensation to the demolition subject.
If the demolition subject and the housing tenant cannot reach agreement on extinguishing the rental relationship, the demolition entity shall implement a housing rights exchange with the demolition subject. The housing for exchange shall be rented to the original housing tenant, and the demolition subject shall sign a new housing rental contract with the housing tenant.
Demolition entities shall provide housing that conforms to state housing safety standards for use in demolition and relocation resettlement.
In the case of demolition and relocation of housing where the property rights are unclear, the demolition entity shall propose a compensation and resettlement plan and shall implement demolition and relocation after reporting to the housing demolition and relocation management office for examination and approval. Before demolition and relocation, the demolition entity shall have a notarization organ preserve evidence of the relevant items for demolition and relocation.
Where a creditor has priority rights over housing that is to be demolished, demolition shall be implemented in accordance with the relevant security laws of the state.
Demolition entities shall pay a relocation subsidy to demolition subjects or housing tenants.
During the relocation period, where demolition subjects or housing tenants arrange for lodging on their own, the demolition entity shall pay a temporary resettlement subsidy. Where the demolition subject or housing tenant uses transfer housing provided by the demolition entity, the demolition entity does not pay a temporary resettlement subsidy.
The standards for relocation subsidies and temporary resettlement subsidies shall be provided by the people’s governments of provinces, autonomous regions, and centrally administered municipalities.
Demolition entities may not extend the transition period without authorization. Persons making use of transfer housing shall vacate such housing on schedule.
If the demolition entity is responsible for extending the transfer period, it shall increase the temporary resettlement subsidy for demolition subjects or their housing tenants that arrange their own lodging for each month that it exceeds the [original] time limit. For persons making use of transfer housing, it shall pay a temporary resettlement fee for each month that it exceeds the [original] time limit.
Where production or business is suspended because non-residential buildings are to be demolished and relocated, the demolition entity shall pay appropriate compensation.
Chapter IV - Punitive Provisions
Where a housing demolition and relocation permit is not obtained and demolition and relocation is carried out without authorization in violation of these regulations, the housing demolition and relocation management office shall order a suspension of demolition and relocation, issue a warning, and levy fines of between 20 and 50 yuan for each square meter of housing that has already been demolished.
Where a demolition entity fraudulently obtain a housing demolition and relocation permit in violation of these regulations, the housing demolition and relocation management office shall revoke the housing demolition and relocation permit and may levy a fine equal to from one to three percent of the demolition and relocation compensation and resettlement fund.
Where demolition entities violate the provisions of these regulations in any of the following circumstances, the housing demolition and relocation management office shall order the suspension of the demolition and relocation, issue an warning, and may levy fines equal to three percent or less of the demolition and relocation compensation and resettlement fund. If the circumstances are serious, they may revoke the demolition and relocation permit.
(1) The demolition and relocation is not carried out in accordance with the scope set in the housing demolition and relocation permit;
(2) A work unit without qualifications for demolition and relocation is commissioned to carry out the demolition and relocation;
(3) Demolition and relocation time limits are extended without authorization.
Where commissioned demolition and relocation work units transfer their demolition and relocation obligations in violation of these regulations, the housing demolition and relocation management office shall order the [original unit] restored, confiscate illegal income, and levy fines equal to between 20 and 50 percent of the demolition and relocation service fee agreed upon in the contract.
Where housing demolition and relocation management offices of local people’s governments at the county level and above issue housing demolition and relocation permits and other approval documents in violation of these regulations, or fail to carry out supervisory duties or punish illegal acts after issuing housing demolition and relocation permits and other approval documents, the supervisors and other personnel directly responsible shall be subject to administrative discipline in accordance with the law. Where the circumstances are serious, resulting in severe losses to public property or state or personal interests, and constitute a crime, criminal responsibility shall be pursued in accordance with the law.
Chapter V - Supplementary Articles
Where housing demolition and relocation is carried out on state owned land outside of city planning zones and the demolition subjects require compensation and resettlement, these regulations shall be consulted.
These regulations become effective as of November 1, 2001. At that time, the “Urban Housing Demolition and Relocation Management Regulations” promulgated by the State Council on March 22, 1991 shall be abolished.
Translation Note 1: The parenthetical does not appear in the original regulation. The term "bei chaiqian ren" is translated in shortened form as "demolition subject" purposes of readibility.
Translation Note 2: The parenthetical does not appear in the original regulation. The term "chaiqian ren" is translated in shortened form as "demolition entity" for purposes of readibility.
第三十八条县级以上地方人民政府房屋拆迁管理部门违反本条例规定核发房屋拆迁许可证以及其他批准文件的，核发房屋拆迁许可证以及其他批准文件后不履行监督 管理职责的，或者对违法行为不予查处的，对直接负责的主管人员和其他直接责任人员依法给予行政处分；情节严重，致使公共财产、国家和人民利益遭受重大损 失，构成犯罪的，依法追究刑事责任。