Measures of the Shenzhen Special Economic Zone on House Demolition
Measures of the Shenzhen Special Economic Zone on House Demolition
Measures of the Shenzhen Special Economic Zone on House Demolition
Order of Shenzhen People's Government [1994] No.21 (Revision)
January 29, 1994
Chapter I General Provisions
Article 1 In order to make appropriate settlements of house demolition, relocation, compensation, placement in urban construction and ensure smooth progress of such construction, these measures are hereby formulated in accordance with the related law, regulations of the state and Regulations Governing Urban House Demolition and Relocation of the State Council as well as in the light of the specific conditions of the Shenzhen Special Economic Zone.
Article 2 These measures shall apply to the demolition, relocation, compensation, and placement caused by pull-down of houses as a result of requisition and reentry of land by the municipal, district departments of land administration (hereinafter referred to as land department) or requisition of land by other land-using units.
Article 3 The Shenzhen Municipal Bureau of Land Planning (hereinafter referred to as the municipal land bureau) shall be responsible for administration, coordination, and supervision of house demolition and relocation in the entire city.
The district land departments shall be responsible for arranging house demolition and relocation within their respective jurisdiction and accept the professional direction and supervision of the municipal land bureau.
Article 4 When demolishing houses on the requisitioned and reentered land, the land departments shall follow the principle of centralized arrangement, lawful operation, reasonable compensation, appropriate placement that are guided by urban planning.
Article 5 Any unit and individual shall submit to the needs of the state construction and shall not obstruct and stand in the way of requisition, demolition, and relocation.
Article 6 Compensation for demolition and relocation shall be settled by negotiation. If an agreement cannot be reached by negotiation, the land department shall make a decision on compensation and placement for requisition or reentry of land. From the date of issuing of the decision notice, the land ownership shall be transferred to the state or regained by the state.
Chapter II Administration of Demolition
Article 7 To demolish a house, an approval from the land department shall be required and Permit for House Demolition shall be obtained. Without such approval and permission, any unit and individual shall not be allowed to demolish any house without authorization.
Article 8 When the land departments requisitioning or reentering land, the district land department in the related locality shall submit a working plan to the municipal land department for its approval and issuance of Permit for House Demolition. After having received Permit for House Demolition, the district land department shall issue a notice of house demolition.
When demolishing a house within the planned limits of Nanyou, Shekou, Huaqiao City, the Shatoujiao Bonded District, and the Futian Bounded District, the land-using unit shall obtain Permit for House Demolition from the district land department of the related locality and make arrangements for demolishing on its own.
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