The Decision of Dalian Municipal People's Government on Amending the Measures for the Administration of Urban Housing Demolition in Dalian has been adopted at the 47th executive meeting of Dalian Municipal People's Government on September 5, 2006, and is hereby promulgated and shall come into force as of April 6, 2007.
Mayor Xia Deren
Press release issued on 26 February 2007
Decision of Dalian Municipal People's Government on Amending the Measures for the Administration of Urban Housing Demolition in Dalian
The municipal government has decided to make the following amendments to the measures for the administration of urban house demolition in Dalian:
1. Paragraph 1 of Article 4 is amended as: Dalian real estate administrative department shall supervise and manage the urban house demolition work in the whole city, and its affiliated municipal house demolition management office shall be specifically responsible for the supervision and management of urban house demolition in Zhongshan District, Xigang District, Shahekou District, Ganjingzi District and Dalian High-tech Industrial Park (hereinafter referred to as the urban area).
2. Item (2) of Article 15 is amended as: to publicize and explain relevant policies, regulations and demolition matters to the demolished and the lessee.
Three. One paragraph is added to Article 19 as the second paragraph: "An administrative ruling shall be based on facts, take the law as the criterion, and adhere to the principles of fairness, impartiality and timeliness." . The relocation period stipulated in the administrative ruling shall not be less than 15 days.
The original second paragraph was the third paragraph.
4. Paragraph 1 of Article 20 is amended as: If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to move forcibly, or the house demolition management department shall apply to the people's court for forced relocation according to law.
One paragraph is added as the third paragraph of Article 20: Before compulsory administrative demolition, the house demolition management department shall invite relevant management departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures, compensation and resettlement standards of compulsory demolition.
5. Article 31 is amended as: If monetary compensation is applied to the demolition of residential houses, and the market evaluation price of the demolished houses in the inner city is lower than the minimum monetary compensation standard for the demolition of residential houses, compensation shall be given according to the minimum monetary compensation standard; If the market evaluation price of the demolished house is higher than the minimum monetary compensation standard for the demolished residential house, compensation shall be made according to the market evaluation price.
Demolition of residential housing, the demolition of people or housing tenants, the original housing construction area of each household is less than the demolition of residential housing construction area subsidy standards, the demolition should be given monetary subsidies in accordance with the increased construction area.
The minimum monetary compensation standard for urban demolition of residential houses and the construction area subsidy standard for residential houses to be demolished shall be formulated, adjusted and promulgated by the Dalian housing demolition management department in accordance with relevant laws, regulations, rules and policies, combined with the changes in the real estate market price.
Six, delete the first paragraph of article thirty-second. The second paragraph becomes Article 32, and is amended as: If a temporary building approved by the relevant department of the municipal government is demolished, which belongs to the user's self-occupation, has a fixed residence and has no housing in other places, it shall be properly resettled according to the subsidy standard for the fourth type of housing in the Subsidy Standard for Demolition of Residential Housing Construction Area, and the user shall bear the resettlement fee at 50% of the house price. If the user requests monetary compensation, the demolisher shall pay 50% of the four types of housing compensation standards in the Monetary Compensation Standard for Residential Housing Demolition.
7. One paragraph is added as the second paragraph of Article 33: If a house originally belonging to collective land but now located on state-owned land is demolished, the demolisher shall make compensation after evaluating and pricing the attachments of the house.
Eight. Article 36 is amended as: The price evaluation of the demolished house, the house with property right exchange and its appendages shall be jointly selected by the demolished person and the demolished person, and entrusted to a qualified real estate appraisal agency. Demolition and demolition can not be entrusted by the same election, and the housing demolition management department will organize a qualified real estate appraisal agency to randomly select or draw lots to determine.
The price assessment fee specified in the preceding paragraph shall be borne by the demolisher.
IX. Article 39 is amended as: If the demolition belongs to the private rental house returned by the house with the private saving policy, monetary compensation shall be implemented, and 100% of the monetary compensation shall be paid to the demolished person. The compensation for the lessee shall be implemented according to the standards stipulated in Article 38 of these Measures.
Ten, fortieth (two) in the temporary resettlement subsidies per household monthly 300 yuan is revised to 600 yuan per household.
Xi。 Article 41 is amended as: the relocation expenses of telephone (including Internet), cable TV and compensation for paid purchase of gas facilities caused by house demolition shall be borne by the demolished person.
Twelve, the first paragraph of Article 54 is amended as: the implementation of administrative punishment shall be implemented by the administrative law enforcement organs with relatively centralized power of administrative punishment; In areas where the power of relatively centralized administrative punishment is not implemented, it shall be implemented by the house demolition management department.
Thirteen. Article 56 is amended as: If the refusal or obstruction of the house demolition management personnel to perform their duties according to law constitutes a violation of public security administration, the public security organ shall punish them in accordance with the provisions of the Law on Public Security Administration Punishment; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
14. Attachment: According to the Notice of the General Office of Dalian Municipal People's Government on Adjusting the Urban Housing Zoning Standards and Housing Demolition Compensation Standards in Four Districts of Dalian (Zheng Da Ban Fa [2003] No.64), the urban housing zoning standards in Dalian were adjusted to the urban housing zoning standards in Dalian. According to the development and changes of urban economy, the housing demolition management department of Dalian revised and promulgated the "Standards for Housing Zoning in Inner City of Dalian" in time.
Fifteen, make corresponding changes to individual words in the text.
This decision shall come into force as of April 6, 2007. If the demolition has been announced before the implementation of this decision, it shall be implemented in accordance with the regulations at that time.
The "measures" of Dalian city housing demolition management being correspondingly amended according to this decision, re released.
Measures of Dalian Municipality on the Administration of Urban House Demolition
(200111DecreeNo. 15 of Dalian Municipal People's Government on October 28th was revised according to Decree No.86 of Dalian Municipal People's Government on February 26th, 2007, Decision of Dalian Municipal People's Government on Amending the Measures for the Administration of Urban Housing Demolition).
Chapter I General Principles
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of construction projects, these Measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and in light of the actual situation in Dalian.
Article 2 These Measures shall apply to the house demolition on the state-owned land in the urban planning area of Dalian, and it is necessary to compensate and resettle the people who have been demolished.
Article 3 The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the house demolition permit.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
The term "lessee" as mentioned in these Measures refers to the units and individuals that have a legal lease relationship with the owner of the house.
Article 4 The real estate administrative department of Dalian shall supervise and manage the urban housing demolition work in the whole city, and its subordinate municipal housing demolition management office shall be specifically responsible for the supervision and management of urban housing demolition in Zhongshan District, Xigang District, Shahekou District, Ganjingzi District and Dalian High-tech Industrial Park (hereinafter referred to as the inner city).
The people's governments of counties (cities), Lushunkou District and Jinzhou District, and the management committees of Dalian Economic and Technological Development Zone, Dalian Bonded Zone and Dalian Changxing Island Lingang Industrial Zone are responsible for the management of house demolition, and supervise and manage the house demolition work within their jurisdiction.
All relevant departments shall, in accordance with their respective responsibilities, cooperate with each other to ensure the smooth progress of the management of house demolition.
Land administrative departments shall be responsible for land management related to urban house demolition in accordance with the provisions of relevant laws and administrative regulations.
Fifth urban housing demolition must conform to the urban planning, which is conducive to improving the comprehensive functions of the city and adjusting the industrial structure, the transformation of the old city, the improvement of citizens' material and cultural living standards, the improvement of the urban ecological environment and the protection of cultural relics and historic sites.
chapter two
Demolition management
Article 6 The demolisher may only carry out house demolition after obtaining the house demolition permit.
Article 7 To apply for a house demolition permit, the following materials shall be submitted to the real estate administrative department where the house is located or the department in charge of house demolition management (hereinafter referred to as the house demolition management department):
(a) the approval document of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.
The house demolition management department shall, within 30 days from the date of receiving the application, review the application matters; Upon examination, if it meets the requirements, a house demolition permit will be issued.
Eighth housing demolition management departments in the issuance of housing demolition permits at the same time, should be specified in the housing demolition permit demolition, demolition scope, demolition period and other matters, in the form of housing demolition notice to be published.
Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
The demolition period is determined by the house demolition management department according to the demolition scale. Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the housing demolition management department for an extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.
Tenth city housing demolition, can implement the following two ways:
(a) with the demolition qualification, can carry out the demolition;
(two) do not have the qualification of demolition, demolition shall be entrusted with the qualification of units.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Eleventh units that undertake the task of demolition (hereinafter referred to as house demolition units) must be examined by the house demolition management department, obtain the qualification of demolition, and receive the qualification certificate of house demolition, otherwise they shall not undertake the task of house demolition.
Housing demolition construction management, according to the relevant provisions.
Twelfth personnel engaged in housing demolition business should go through the professional training and assessment of the housing demolition management department, and be familiar with the laws, regulations, policies and business knowledge related to demolition.
Thirteenth demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted house demolition unit, and conclude a demolition entrustment contract. The demolisher shall, within 05 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record.
The entrusted house demolition unit shall not transfer the demolition business.
Fourteenth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:
(1) Building, rebuilding, expanding and decorating houses;
(2) Changing the use of houses and land;
(3) renting a house.
The house demolition management department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.
Fifteenth demolition or entrusted house demolition, must strictly abide by the relevant provisions of the house demolition, after the announcement of house demolition, do the following work:
(a) to be taken and the lessee to send housing demolition notice;
(two) to explain and publicize the relevant policies and regulations and demolition matters to the demolished and the lessee;
(three) to verify the ownership certificate of the house to be demolished, the house lease relationship and other related documents;
(four) to select and entrust a real estate appraisal agency to evaluate the market price of the demolished house together with the demolished person.
Sixteenth demolition and demolition shall, in accordance with the provisions of these measures, conclude a written demolition compensation and resettlement agreement within the demolition period.
Demolition of rental housing, the demolition should be taken with the people, housing tenants to enter into a demolition compensation and resettlement agreement.
Article 17 If the house managed by the house demolition management department needs to be demolished, the demolition compensation and resettlement agreement concluded between the demolition person and the house demolition management department and the house lessee must be notarized by a notary office, and the evidence shall be kept.
Eighteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or the lessee refuses to move within the relocation period agreed in the agreement, the demolished person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.
Nineteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
Administrative adjudication should be based on facts, take the law as the criterion, and adhere to the principles of fairness, justice and timeliness. The relocation period stipulated in the administrative ruling shall not be less than 15 days.
If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of these measures, the demolition has given monetary compensation to the demolition or provided resettlement houses and revolving houses, and the implementation of demolition will not be stopped during the litigation.
Article 20 If the demolished person or the lessee fails to move within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to forcibly move, or the house demolition management department shall apply to the people's court for compulsory relocation according to law.
Before the implementation of administrative compulsory demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.
Before the implementation of administrative compulsory demolition, the house demolition management department shall invite relevant management departments, representatives of the demolition parties and representatives with social credibility to hold hearings on the basis, procedures, compensation and resettlement standards of compulsory demolition.
Twenty-first demolition or housing tenant relocation, must maintain the original appearance of the house, shall not damage the housing facilities, offenders should bear the responsibility for economic compensation.
Twenty-second demolition or housing tenant relocation within the prescribed time limit, the unit should be given two days off according to attendance.
Twenty-third when the demolition or relocation of the lessee, public security, education, postal services, telecommunications, construction, water, industry and commerce, radio and television and other departments and units. Should be timely for industrial and commercial enterprises or individual industrial and commercial households registered permanent residence migration, children transfer, mail delivery, telephone and cable television relocation, water and gas supply, change cancellation of registration or closure procedures.
Article 24 Houses involving military facilities, churches, temples, cultural relics, foreign institutions in Dalian, buildings and structures with special style and historical, cultural and scientific value confirmed by the people's governments at or above the municipal level, and houses with mortgages shall be handled in accordance with the provisions of relevant laws, regulations and rules.
Twenty-fifth has not yet completed the transfer of demolition compensation and resettlement construction projects, should be approved by the housing demolition management department and conclude a transfer contract, the original demolition compensation and resettlement agreement related rights and obligations will be transferred to the assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.
Article 26 The house demolition management department shall strengthen the supervision over the use of compensation and resettlement funds for house demolition, establish a system for the use of compensation and resettlement funds for house demolition that is mutually restricted by the house demolition management department, residents and financial institutions, and effectively protect the legitimate rights and interests of residents.
Twenty-seventh housing demolition management departments should establish and improve the demolition file management system, strengthen the management of demolition files.
Chapter III Compensation and Resettlement for Demolition
Twenty-eighth people should be taken in accordance with the provisions of these measures, to be taken to compensate.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the net value.
Twenty-ninth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.
In addition to the provisions of the second paragraph of article thirty-fourth, the second paragraph of article thirty-seventh, and the provisions of article thirty-ninth, the person who is taken can choose the compensation method for the demolition.
Thirtieth monetary compensation, according to the type, use, construction area and other factors of the house to be demolished, the amount of monetary compensation shall be settled at the assessed price of the real estate market.
Thirty-first residential housing demolition monetary compensation, urban housing market evaluation price is lower than the minimum standard of monetary compensation for residential housing demolition, according to the monetary compensation standard of demolition; If the market evaluation price of the demolished house is higher than the minimum monetary compensation standard for the demolished residential house, compensation shall be made according to the market evaluation price.
Demolition of residential housing, the demolition of people or housing tenants, the original housing construction area of each household is less than the demolition of residential housing construction area subsidy standards, the demolition should be given monetary subsidies in accordance with the increased construction area.
The minimum monetary compensation standard for urban demolition of residential houses and the construction area subsidy standard for residential houses to be demolished shall be formulated, adjusted and promulgated by the Dalian housing demolition management department in accordance with relevant laws, regulations, rules and policies, combined with the changes in the real estate market price.
Article 32 the demolition of temporary buildings approved by the relevant departments of the municipal government, belonging to users who live in their own homes, have a fixed residence and have no housing elsewhere, shall be properly placed in accordance with the subsidy standards of the four categories of housing in the Subsidy Standards for Demolition of Residential Housing Construction Area, and the users shall bear the resettlement expenses at 50% of the house price. If the user requests monetary compensation, the demolisher shall pay 50% of the four types of housing compensation standards in the Monetary Compensation Standard for Residential Housing Demolition.
Thirty-third residential housing temporary change of use, the demolition in accordance with the residential housing market assessment price standards to compensate.
Demolition of houses that originally belonged to collective land and are now located on state-owned land, and the attached objects of houses shall be compensated by the demolition after evaluation and pricing.
Article 34 Where the house property right exchange is implemented, the demolisher and the demolished person shall, in accordance with the provisions of Articles 30 and 31 of these Measures, calculate the amount of compensation and subsidies for the demolished house and the price of the house to be exchanged, and settle the price difference of the house property right exchange.
Demolition of attachments to non-public housing, not the implementation of housing property rights exchange, the demolition of appropriate monetary compensation.
Thirty-fifth residents should provide houses that meet the national quality and safety standards for the residents and resettlement people.
Thirty-sixth the demolition of houses and property rights exchange houses and their attachments price evaluation, should be jointly selected by the demolition and demolition and entrusted to a qualified real estate appraisal agency. Demolition and demolition can not be entrusted by the same election, and the housing demolition management department will organize a qualified real estate appraisal agency to randomly select or draw lots to determine.
The price assessment fee specified in the preceding paragraph shall be borne by the demolisher.
Thirty-seventh demolition of rental housing, demolition and housing tenant to terminate the lease relationship, or by the demolition and housing tenant reached a compensation and resettlement agreement, the demolition of compensation for the demolition.
If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship or compensation and resettlement, the demolished person shall exchange the property rights of the demolished person. The house with property right exchange is still leased by the original house lessee, and the person to be demolished shall re-conclude the house lease contract with the original house lessee.
Thirty-eighth demolition of public rental housing to implement the rent standards set by the government, the demolition of housing property rights exchange, the demolition of housing tenants, lease relations continue to maintain. If the demolished person chooses monetary compensation, the lease relationship will be terminated. For residential houses, 20% of monetary compensation shall be paid to the demolished person, and 80% and the increased construction area subsidy shall be paid to the lessee; For non-residential houses, 30% of monetary compensation is paid to the demolished person and 70% to the lessee.
Thirty-ninth demolition belongs to the implementation of the private rental housing policy, and monetary compensation should be implemented. The monetary compensation of 100% shall be paid to the demolished person. The compensation for the lessee shall be implemented according to the standards stipulated in Article 38 of these Measures.
Fortieth urban residential housing demolition, demolition should be in accordance with the following provisions to give users subsidies:
(a) the demolition or housing tenant moved out because of the demolition, a one-time payment of relocation subsidies, each household in 800 yuan. The demolished person or lessee takes the house ownership certificate and the house lease contract as the household unit;
(two) the implementation of housing property rights exchange, in the transition period stipulated in the agreement, the demolition or housing tenant to arrange their own accommodation, should pay temporary resettlement subsidies, each household monthly 600 yuan; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person will not pay the temporary resettlement subsidy;
(three) monetary compensation, a one-time payment per household 1000 yuan resettlement subsidies.
Forty-first people should be taken to bear the telephone (including network) transfer fee, cable TV transfer fee and paid access to gas facilities.
Forty-second demolition of non-residential houses, do not provide transitional resettlement of revolving houses, the relocation and transportation costs and equipment installation costs are paid by the demolition, and the equipment that can not be restored to use is compensated according to the evaluation price.
Demolition of non-residential houses (including houses that have been approved for temporary change of use), for the part of real estate that has been renovated with the consent of the owner of the house, the demolition person shall subsidize the decorator after depreciation according to the evaluation price of the original value of the decoration by the real estate appraisal agency, and the annual depreciation rate is 20%.
Forty-third demolition of production and business premises to implement property rights exchange, during the suspension of production and business, according to the annual per capita income standard published by the Municipal Bureau of Statistics 1.5 times, to the demolition unit to pay the living allowance of the directly affected workers. Monetary compensation, the demolition of a one-time payment of 3 months of living allowance.
Forty-fourth monetary compensation, the demolition monetary compensation agreement shall include the compensation method, compensation amount, subsidy amount, subsidy amount, payment method, relocation period, liability for breach of contract and the way to deal with breach of contract disputes.
In case of property right exchange, the demolition compensation and resettlement agreement shall include compensation and resettlement methods, subsidy amount, subsidy amount, resettlement housing area and location, price difference settlement method, relocation period, relocation transition method, transition period, liability for breach of contract, and settlement method of breach of contract disputes.
Forty-fifth the implementation of property rights exchange, the demolition of the demolition or housing tenant to take transitional resettlement, it should be clear in the demolition compensation and resettlement agreement. If the resettlement house is a multi-storey building, the transition period shall not exceed 2 years; If the resettlement house is a high-rise building, the transition period shall not exceed 3 years.
Demolition, demolition or housing tenant shall abide by the agreement on the transition period. The demolition shall not extend the transition period without authorization; If the demolisher provides the revolving room, the user of the revolving room shall vacate the revolving room within the prescribed time limit.
Article 46. If the demolition or lessee extends the transition period due to the responsibility of the demolition, the demolition or lessee who arranges his own residence shall increase the temporary resettlement subsidy from the overdue month. If the overdue period is within 1 year, an additional 50% will be charged every month. 1 year, with a monthly increase of 100%. Users of revolving houses shall pay temporary resettlement subsidies according to the monthly 200 yuan of each household from the overdue month.
Forty-seventh before the implementation of the demolition, the demolition must have funds commensurate with the amount of compensation and resettlement tasks, and deposit them in full into the special account of the financial institution that handles the deposit business.
Demolition and housing tenant can go through the formalities of monetary compensation and subsidy funds in financial institutions with the signed demolition compensation and resettlement agreement and legal and valid identity certificate.
Demolition should be based on the demolition progress, in accordance with the requirements of the housing demolition management department, in a timely manner to the special account of financial institutions to add compensation and resettlement funds. After the completion of all the demolition compensation and resettlement tasks, if there is still a balance of funds for demolition compensation and resettlement, financial institutions may return the balance to the residents according to the opinions of the housing demolition management department.
Housing demolition compensation and resettlement funds shall be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
Forty-eighth demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Forty-ninth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Chapter IV Punishment Rules
Fiftieth in violation of the provisions of these measures, without obtaining the permit for house demolition, unauthorized demolition, shall be ordered to stop the demolition, given a warning, and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the demolition housing construction area.
Fifty-first demolition in violation of the provisions of these measures, to obtain a permit for house demolition by deception, it shall revoke the permit for house demolition, and impose a fine of more than 3% and less than 0% of the compensation and resettlement funds.
Fifty-second demolition in violation of the provisions of these measures, one of the following acts, shall be ordered to stop the demolition, given a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Fifty-third commissioned units in violation of the provisions of these measures, the transfer of demolition business, shall be ordered to make corrections, confiscate the illegal income, and impose a fine of 25% to 50% of the demolition service fee agreed in the contract.
Fifty-fourth the implementation of administrative punishment shall be implemented by the administrative law enforcement organs with relatively centralized power of administrative punishment; In areas where the power of relatively centralized administrative punishment is not implemented, it shall be implemented by the house demolition management department.
The implementation of administrative punishment must use the confiscation receipt uniformly printed by the municipal finance department, and the confiscated funds should be turned over to the finance at the same level in time and in full.
Article 55 If the house demolition management department, in violation of the provisions of these measures, issues the house demolition permit and other approval documents, fails to perform the duties of supervision and management after issuing the house demolition permit and other approval documents, or fails to investigate and deal with the illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Fifty-sixth refuse or obstruct the house demolition management staff to perform their duties according to law, which constitutes a violation of public security management, and shall be punished by the public security organ in accordance with the provisions of the Law on Public Security Management Punishment; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Chapter V Supplementary Provisions
Fifty-seventh in the urban planning area of Dalian city, the implementation of housing demolition on foreign land, and the need for compensation and resettlement of the demolition, with reference to these measures.
Article 58 The Dalian Municipal People's Government shall be responsible for the interpretation of these Measures.
Article 59 These Measures shall come into force as of 200111. Da [1994] 106 "Provisions on Relevant Issues Concerning the Implementation of the Regulations on the Management of Urban Housing Demolition in Dalian" and Da [1999]88 "Measures for Monetary Resettlement of Housing Demolition in Shanty Areas and Key Projects in Dalian" shall be abolished at the same time.
Compensation, subsidies and subsidy standards for house demolition in counties (cities), Lushunkou District, Jinzhou District, Dalian Economic and Technological Development Zone, Dalian Bonded Zone and Dalian Changxing Island Lingang Industrial Zone shall be formulated by local people's governments and administrative committees with reference to these measures.
Attachment: Attachment to the standard for the classification of housing types in inner districts of Dalian:
Classification standard of residential types in Dalian
Special area:
Tianjin Street (Minsheng Street in the east and Shengli Square in the west) and Xiuzhu Street (Changjiang Road in the north and Tianjin Street in the south); Zhao Pu Street (north of Changjiang Road), Wu Hui Road (east of Jiefang Road and west of Youhao Street) and Zhongshan Road (east of Zhongshan Square and west of Youhao Street); Jiefang Road (south of Wu Hui Road); Longsheng Lane; Xinsheng street; Progressive street; Friendship street; Xinglong street; Ni Qing Street; Niqing Fourth Street; Zhongshan Square; Friendship Square; Victory Square; Rong Sheng Street.
A region:
It refers to three prosperous commercial centers and convenient living and residential areas in the city.
Specific scope:
1, with Zhongshan Square as the center and Wuwu Road in the east; West to Huaying Street; South to Wu Hui Road and Nanshan Road; North of Changjiang Road, except for special areas.
2. Centered on People's Square, east to Market Street; West to Old Street; South to Zhujiang Road and May 4th Road; North of Changjiang Road.
3. Take May 4th Square as the center, and go east to Long Live Street; West to Zhongchang East Fifth Street and Ruyi Street; South to huanghe road; North to Changjiang Road and Xinggong Street.
The second area:
Refers to the regional commerce, service industry and residential area with convenient traffic conditions, that is, the area within the city block and outside the first-class area.
Specific scope:
North to the railway line; West to Zhongchang Street, Gaizhou Street and Malan River; South to Shengli Road (Donglushan Lane 14); East to Siergou Market; Business district near Ganjingzi Department Store (the enclosed area of Wenti Street, Ganjingzi Road and Ganjingzi Street); Business district near Southwest Road Department Store (the enclosed area of Southwest Road, Huabei Road and Gong Xue Street); Jiefang Road (south of Xiuyue Street) and Bayi Road (west of the junction of changchun road and Bayi Road) are along the street.
Three types of areas:
Refers to community commercial service outlets and general living areas.
Specific scope:
Zhongshan District and Xigang District are all Class III districts except special, Class I and Class II districts. Shahekou District, Houjiagou, Liu Chun, Taishan, Heishijiao, Malanzi, Zhoushuizi, Jinjiajie, Jiao Fang, Jinnan Road, and Xinganjingzi in Ganjingzi District.
Four types of areas:
Areas outside the third category belong to the fourth category.
According to the development and changes of the urban economy, the housing demolition management department of Dalian revised and promulgated the "Standards for Dividing Housing Zones in the Inner City of Dalian" in a timely manner.
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