Urgent Notice on Earnestly Conducting Housing Demolition and Relocation Work in Cities and Towns and Safeguarding Social Stability (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Urgent Notice on Earnestly Conducting Housing Demolition and Relocation Work in Cities and Towns and Safeguarding Social Stability" issued by the PRC State Council General Office on September 19, 2003. The Chinese text follows. Urgent Notice on Earnestly Conducting Housing Demolition and Relocation Work in Cities and Towns and Safeguarding Social Stability No. 42 (2003) To people’s governments in each province, autonomous region, and centrally administered city and all ministries, commissions, and organs under the State Council: Over the past several years, along with the rapid development of construction in cities and towns in all locales, the amount of housing demolition and relocation (Note 1) work has continuously grown and [the number of] contradictions encountered in the course of housing demolition have continuously been on the rise. By conducting a great deal of work carefully and meticulously, promoting the implementation of demolition in accordance with legal procedures, and strongly promoting the improvement of the appearance of cities and towns, the relevant departments in each locale have created important conditions for economic and social development. However, since the beginning of this year, inappropriate work methods and the failure of some work units to deliver demolition compensation or to implement demolition resettlement have resulted in an increasing number of disputes and collective petitions sparked by housing demolitions in cities and towns and even triggered some terrible incidents, influencing social stability and the normal order of production and life. Leading cadres of the State Council attach great importance to this and have issued important memorandums to subordinates on many occasions, demanding that the relevant locales and departments raise their consciousness, show concern for the interests of the masses, persist in administration according to the law, earnestly conduct housing demolition work in cities in towns, and safeguard social stability. In order to progressively improve demolition work in cities and towns, and with the consent of the State Council, urgent notice is given on the following relevant matters: 1. Fully recognize the importance of strengthening housing demolition management work in cities and towns. Strengthening housing demolition management in cities in towns is an important basis for accelerating the process of urbanization, promoting national economic and social development, and raising the living standards of the masses, and it reflects the fundamental and long-term interests of the masses. In the course of housing demolition for construction in cities and towns, strong adherence to policy has a major effect. Doing this work well affects not only economic and social development, but also general social stability. Governments and departments at each level must correctly handle the relationship between urban construction development and the protection of the basic interests of the masses, overcome acts of emphasizing the speed of construction while de-emphasizing demolition management, make conducting demolition management work an important part of their agendas, and, by strengthening management and administering in accordance with the law, achieve effective protection of the legal rights and interests of the masses and the orderly implementation of demolition work. Both guarantee the needs of development and be capable of preventing the occurrence of mass incidents and safeguarding social stability. 2. Strengthen housing demolition management, protect the legal rights and interests of the masses in practice. Each locale must strengthen the management of demolition and demolition appraisal work units, set demolition compensation strictly in accordance with market prices for real estate, and implement relevant systems of supervision and management. They must be strict in examination and approval and must not issue demolition permits to demolition projects without demolition plans or resettlement programs or that violate the city plan. Resolutely refuse to approve the implementation of demolition where compensation funds and resettlement plans have not been put into place and ensure the legal rights and interests of those subject to demolition. In the course of housing demolition work in cities and towns, pay special attention to handling demolition resettlement work for households facing “dual difficulties.” Link directed rectification and governance in the real estate market and severely punish work units that demolish in violation of laws and regulations, lower compensation or resettlement standards without authorization, or fail to address the reasonable demands of persons subject to demolition in a timely manner by increasing penalties, refusing to approve new demolition projects, suspending business for rectification, revoking demolition qualification credentials in accordance with the law, and adopting other measures. Management departments that do not administer in accordance with the law or that do not earnestly resolve demolition appeals must be criticized and educated and required to rectify and reform. If the circumstances are serious, they must be called to account. The “State Council Notice on Promoting the Continued Healthy Development of the Real Estate Market” (No. 18, 2003) must be earnestly implemented. By increasing the supply of low-cost, ordinary housing, strengthening construction and management of economically suitable housing, strengthening the system of low-cost rental housing, and by [adopting] other measures, perfect the housing supply system and ensure that qualified residents who are relocated are able to find housing of different grades and types. 3. Uphold the principle of administration in accordance with the law and improve work methods. Each locale must earnestly implement the “PRC Urban Planning Law” and “Urban Housing Demolition Management Regulations” and tighten up the standardization of demolition behavior in accordance with the law. With respect to construction projects examined and approved in accordance with plans and legal procedures, if persons subject to demolition have different opinions, persuasion work must be earnestly and patiently carried out. Where demolition compensation agreements cannot be reached, forced demolition may not be implemented until after adjudication has been conducted in accordance with the law. If agreement cannot be reached and a major demolition project is involved, the adoption of forced demolition measures must be strictly controlled and the aggravation of contradictions prevented. Where forced implementation is truly necessary, legal procedures must be strictly enforced and good preparations made. Where trouble is willfully stirred up in the course of legal demolition work, thought work must be painstakingly conducted and great efforts made to settle contradictions. The small minority who use demolition as an opportunity for unreasonable obstruction and even gather together to create disturbances, having a serious impact on social order, shall be dealt with in a timely manner in accordance with the law. Each locale must give full play to the regulation, control, and guidance functions of city plans and examine and approve construction engineering projects strictly in accordance with the approved city plan. With respect to those [projects] that involve demolition, prior to the examination and approval of plans, the appropriate forms of notice should be given, and the opinions of persons subject to demolition and others whose interests are affected should be heard. After construction engineering plans have been approved, construction units must not modify them without authorization. When modifications are needed, they must be examined and approved by planning departments. Before city planning administration departments approve the modifications, they must be publicized again. 4. Perfect corresponding policy measures, resolve remaining problems appropriately. Each locale must, in line with the principle of seeking truth from facts, adopt positive and effective measures and resolve in practice long-time, lingering problems [that arise in] the course of urban housing demolition. With respect to compensation for property of a residential nature that is within the scope of demolition, but that is already being used for business purposes pursuant to a legally obtained business license, each locale may give appropriate compensation according to the business situation, term of operation, tax, and other practical circumstances. With respect to housing within the scope of demolition that is incomplete for historical reasons related to formal procedures, remedial procedures should be adopted in accordance with the relevant laws and regulations in effect. With respect to policies that are unclear but that make reasonable demands, corresponding policies must be quickly formulated and problems solved within a set period. With respect to problems that are difficult to solve, painstakingly carry out interpretation work, actively create conditions, and strive for an early resolution. Where real estate development enterprises are not able to complete construction projects, leading to problems such as failing to provide demolition compensation funds or failing to make resettlement housing available, local governments must adopt effective measures, supervise and urge the development enterprise to speed up implementation, or first resolve the problem of demolition compensation and resettlement and then, in accordance with laws and regulations and the agreed upon demolition contract, call the development enterprise to account. 5. Strengthen organization and guidance and supervision and inspection work. Governments at each level must strengthen organization and guidance in practice and earnestly conduct housing demolition management work in cities and towns. In the near future, local governments in each locale must, in accordance with the spirit of this notice, engage in special study of problems in prior demolition work. In particular, areas dealing with the problem of a relatively large number of petitions must formulate corresponding measures and safeguard social stability in practice. Where [demolition] work has resulted in large numbers of collective petitions, the relevant leaders and individuals must be called to account. Television, broadcasting, publication, Internet, and other media must start from the general situation of safeguarding social stability, persist in correct guidance of public opinion, correctly publicize our country’s achievements in urban construction and the situation of housing demolition in cities and towns to the broad masses, and, with respect to some mistakes and problems that occur in the course of demolition work, avoid exaggeration and speculation that intensifies contradictions. Relevant organs of the State Council must, according to the division of duties, give proper guidance and supervision to housing demolition management work in cities and towns in each locale. The Ministry of Construction must, jointly with other relevant departments, dispatch supervision and inspection organizations and carry out supervision, inspection, and pressure for rectification and reform in areas where demolition problems are prominent and have influenced social stability. State Council General Office September 19, 2003 Translation Note 1: Demolition and relocation is hereinafter referred to simply as "demolition."