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


中文版


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."


关于认真做好城镇房屋拆迁工作维护社会稳定的紧急通知

国办发明电〔2003〕42号

各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
近几年来,随着我国各地城镇建设的快速发展,城镇房屋拆迁工作量不断扩大,房屋拆迁中遇到的矛盾不断增加。由于各地有关部门做了大量艰苦细致的工作,促进 拆迁合法在序进行,有力推动了城镇面貌的改善,创造了经济和社会发展的重要条件。但是今年以来,由于一些单位拆迁补偿不到位、拆迁安置不落实,工作方法不 当,造成因城镇房屋拆迁引起的纠纷和集体上访有增加趋势,甚至引发恶性事件,影响正常的生产生活秩序和社会稳定。国务院领导同志对此高度重视,多次作出重 要批示,要求有关地方和部门提高认识,关心群众利益,坚持依法行政,认真做好城镇房屋拆迁工作,维护社会稳定。为进一步做好城镇房屋拆迁工作,经国务院同 意,现将有关事项紧急通知如下:

一、充分认识加强城镇房屋拆迁管理工作的重要性
加强城镇房屋拆迁管理是加快城镇化进程,促进国民经济和社会发展,提高群众生活质量重要的基础性工作,体现了人民群众的根本利益和长远利益。城镇建设中的 房屋拆迁工作政策性强, 影响面大,做好这项工作,不仅关系到经济和社会的发展,也关系到社会稳定的大局。各级政府和部门要正确处理城市建设发展与保护群众具体利益之间的关系,克 服重建设进度,轻拆迁管理的做法,把做好拆迁管理工作摆上重要议事日程,通过加强管理,依法行政,做到群众合法权益能够得到有效保护,拆迁工作能够有序进 行;既保证发展的需要,又能够防止引发社会群体性事件,维护社会稳定。

二、加强房屋拆迁管理,切实保护群众合法权益
各地要加强对拆迁单位和拆迁评估单位的管理,严格按照房地产市场评估价格确定拆迁补偿金额,并实行相应的监督管理制度。要严把审批关,对没有拆迁计划与拆 迁安置方案,或违反城市规划的拆迁项目,不得发放拆迁许可证;拆迁资金以及被拆迁人安置不落实的坚决不准实施拆迁,确保被拆迁人的合法权益。在城镇房屋拆 迁工作中要特别重视妥善处理好”双困”家庭的拆迁安置工作。要结合房地产市场专项整治,对违法违规拆迁、擅自降低补偿安置标准、不及时解决被拆迁人合理要 求的拆迁单位,加大处罚力度,采取不批准新的拆迁项目、停业整顿、依法吊销拆迁单位资格证书等措施严肃处理;对不依法行政,不认真解决拆迁投诉的管理部 门,要批评教育,责成整改,情节严重的要追究责任。

要认真贯彻《国务院关于促进房地产市场持续健康发展的通知》(国发〔2003〕18号),通过增加低价位普通商品住房供应、加强经济适用住房建设和管理、健全廉租住房制度等措施,完善住房供应体系,保证符合条件的拆迁居民能够进住到不同档次、不同类型的住房。

三、坚持依法行政原则,改进工作方法
各地要认真贯彻《中华人民共和国城市规划法》和《城市房屋拆迁管理条例》,严格依法规范拆迁行为。对于依据规划、依据法定程序审批的建设项目,被拆迁人如 有不同意见,要认真耐心地做好说服工作,对不能达成拆迁补偿安置协议的,要经依法裁决后才能实施强制拆迁。对不能达成协议且涉及面广的拆迁项目,要严格限 制采取强制性拆迁措施,防止矛盾激化;确需强制执行的,必须严格执行法律程序,做好预案。对在合法拆迁工作中无理取闹的,要耐心细致地做好思想工作,努力 化解矛盾;对极少数借拆迁之机,无理阻挠,甚至串联闹事,严重影响社会秩序的,要依法及时进行处理。

各地要充分发挥城市规划的调控和指导作用,严格依据经批准的城市规划审批建设工程项目。对涉及拆迁的,在规划审批前应以适当形式予以公示,充分听取 被拆迁人等利害关系人的意见。建设工程规划方案一经批准,建设单位不得擅自变更;确需变更的,必须经过规划部门审批;城市规划行政部门在批准其变更前, 应重新进行公示。

四、完善相关政策措施,妥善解决遗留问题
各地要本着实事求是的原则,采取积极有效的措施,切实解决城市房屋拆迁中久拖不决的遗留问题。对拆迁范围内产权性质为住宅,但已依法取得营业执照经营性用 房的补偿,各地可根据其经营情况、经营年限及纳税等实际情况给予适当补偿。对拆迁范围内由于历史原因造成的手续不全房屋,应依据现行有关法律法规补办手 续。对政策不明确但确属合理要求的,要抓紧制订相应的政策,限期处理解决;一时难以解决的,要耐心细致地做好解释工作,并积极创造条件,争取早日解决。对 因房地产开发企业没有能力完成建设项目导致拆迁补偿资金不落实、安置用房不到位的问题,地方政府要采取有效措施,督促开发企业抓紧落实;或先行解决拆迁补 偿安置问题,再根据法律法规和拆迁合同约定,追究开发企业的责任。

五、加强组织领导和督促检查工作
各级政府要切实加强组织领导,认真做好城镇房屋拆迁管理工作。近期各地政府要根据通知精神,针对当前拆迁工作中存在的问题进行专题研究。特别是拆迁问题上 访较多的地区,要制定相关措施,切实维护社会稳定。由于工作原因造成大量群体性上访的,要追究有关领导和直接责任人的责任。

电视、广播、报刊、网络等媒体要从维护社会稳定的大局出发, 坚持正确的舆论导向,向广大人民群众正百宣传我国城市建设的成果和城镇房屋拆迁工作情况,防止渲染、炒作拆迁工作中出现的一些失误和问题,激化矛盾。

国务院有关部门要按照职责分工,对各地城镇房屋拆迁管理工作予以指导和监督。建设部要会同有关部门派出督查组,对拆迁问题突出、影响社会稳定的地区进行监督检查,督促整改。

国务院办公厅
2003年9月19日