Administrative Regulations on the Demolition and Relocation of Urban Housing (2001)
Administrative Regulations on the Demolition and Relocation of Urban Housing (2001)
Administrative Regulations on the Demolition and Relocation of Urban Housing (2001)
Order of the State Council [2001] No. 305
June 13, 2001
The Administrative Regulations on the Demolition and Relocation of Urban Housing, which was adopted on the 40th executive meeting of the State Council on June 6, 2001, shall come into effect as of November 1, 2001.
Premier: Zhu Rongji
Attachment: Administrative Regulations on the Demolition and Relocation of Urban Housing
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of strengthening the administration of demolition and relocation of urban housing, protecting the legitimate rights and interests of the parties concerned to the demolition and relocation and ensuring the construction projects proceed smoothly.
Article 2 The demolition and relocation of housing on the state-owned land within the range of urban planning, for which it is necessary to compensate and resettle the demolition and relocation, shall apply to these Regulations.
Article 3 The demolition and relocation of urban housing shall be in line with the urban planning, shall be conducive to the reconstruction of the old areas in cities, to the improvement of ecological environment as well as to the protection of places of cultural relics and historic interests.
Article 4 A party that demolishes a house shall compensate and resettle the relocatees in accordance with these Regulations. A relocatee shall finish the removal within the relevant time limit.
For the purpose of these Regulations, the term party that demolishes a house refers to an entity which has obtained a house demolition and relocation permit.
The term relocatee refers to the owners of the houses to be demolished.
Article 5 The construction administrative department of the State Council shall be responsible for the supervision and administration of the urban housing demolition and relocation work throughout the country.
The departments responsible for the urban housing demolition and relocation work of the people's government at the county level or above (hereinafter referred to as the housing demolition and relocation administrative departments) shall exercise supervision and administration over the urban housing demolition and relocation within their respective administrative area. The relevant departments of the people's governments at the county level or above shall, in pursuance of these Regulations, coordinate efforts with each other so as to ensure the administration of urban housing demolition and relocation proceed smoothly.
The land administrative departments of the people's governments at the county level or above shall, pursuant to the relevant laws and administrative regulations, be responsible for the land administration work relating to urban housing demolition and relocation.
Chapter II Administration of Demolition and Relocation
Article 6 No urban housing demolition and relocation entity may demolish any urban housing until it obtains a housing demolition and relocation permit.
Article 7 To apply for a housing demolition and relocation permit, an applicant shall submit the following materials to the housing demolition and relocation administrative department of the people's government of the city or county where the houses are located:
1. The approval document on the construction project;
2. The permit for planning the use of land in construction;
3. The approval document on the right to use the state-owned land;
4. A demolition and relocation plan and demolition and relocation scheme; and
5. A demolition and relocation compensation and resettlement fund certification issued by the financial institution taking in deposits.
The housing demolition and relocation administrative department of the people's government of a city or county shall, within 30 days after it receives an application, examine the application. If the applicant meets the relevant requirements upon examination, it shall issue a housing demolition and relocation permit to the applicant.
Article 8 When the housing demolition and relocation administrative department issues a housing demolition and relocation permit, it shall simultaneously, in the form of a housing demolition and relocation announcement, publicize the matters, namely the party that demolishes a house, relocatees, range of demolition and relocation, and time limit for the demolition and relocation, etc., which are indicated in the housing demolition and relocation permit.
The housing demolition and relocation administrative department and the relocatees shall properly publicize and explain the relevant matters to the relocatees.
Article 9 The party that demolishes a house shall dismantle the houses within the demolition and relocation range and time limit for the demolition and relocation as determined in the housing demolition and relocation permit.
If it is necessary to extend the time limit for the demolition and relocation, the party that demolishes a house shall, 15 days prior to the expiry of the time limit, file an application with the housing demolition and relocation administrative department for postponing the demolition and relocation.
......