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Measures of the Shenzhen Special
Economic Zone on House Demolition
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(Promulgated
by the Shenzhen Municipal People' s Government on June 14,
1991, |
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Revised
and Re-promulgated on January 29, 1994, Re-revised at the 122th
Executive Meeting of the
Second Shenzhen Municipal People' s
Government on December 3, 1998) |
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Chapter I
General Provisions
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Chapter II
Administration of Demolition
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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. |
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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. |
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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. If it
is necessary, the land department may demolish a house within
the limits of the land for special
use, and assign the
land-using unit or other units to make arrangements for
demolishing. |
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Article 9 When
a land-using unit arranging demolition, it shall submit the
following documents, information
to apply for Permit
for House Demolition from the district land department of
the related locality: |
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(1)
the name of the owner of the house to be demolished, the
number of the family members, and the property documents
provided by the property department; |
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(2)
the location, area, structure, use, and value of the
house to be demolished; |
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(3)
the plan for compensation and placement, including the
sum of indemnity, the area and location of the residence for
placement, and temporary plan for placement. |
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Article 10 After
the confirmation of truthfulness of information, reasonableness |
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of
compensation, and appropriateness of placement by the district
land department through its examination
of what the land-using
unit provided in application, Permit
for House Demolition shall be issued and the notice of house
demolition shall be sent to the owner. The land department shall
make the demolition public in The
Newspaper of the Shenzhen Special Zone or through other
channels. |
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Article 11 The
owner shall, within three months after receiving the notice of
house demolition, negotiate with
the district land department or
the land-using unit, sign an agreement of compensation and
placement.
If there are any special stipulations in law and
regulations, the stipulations shall be followed. |
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The related compensation shall be made in compliance with
the standards stipulated in these measures and the annexes
of
these measures. If there are no stipulated standards, the land
department shall entrust the
municipal agency of realty
appraisal with evaluation. The adjustment of the standards
stipulated
by the annexes of these measures shall be made public
by the municipal department in charge of construction. |
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Article 12 If
an agreement has not been reached by the deadline for
negotiation, the district land department
shall make a decision
on compensation and placement for requisition and reentry of
land. From the
date of issuance of the decision, the land
originally owned by the village collectively shall be
requisitioned and become the state-owned land; the land
originally owned by a unit or individual shall be reentered
by
the government. If the owner has a disagreement on compensation
and placement, legal action
may be taken at the district
people' s court of the related locality within 30 days after
the date
of receiving the notice of the decision. In the
duration of action, demolition shall not be stopped in its
implementation. |
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The owner or user shall move out by themselves before the
deadline prescribed by the decision. If moving has not
been
completed after the deadline, the municipal, district people' s
governments shall instruct
the related departments to enforce
demolition, or the land department of the related locality shall
apply to the people' s court for enforcement. |
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If the owner has neither taken legal action nor accepted
compensation, the compensation shall be kept by the land
department without interest. |
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If the owner has not claimed the house ownership, the
house shall be kept by the housing department instead. |
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Article 13 From
the date of receiving the notice of house demolition from the
land department, the owner shall
not take the following acts: |
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(1)
reconstructing, extending, and renovating the house which
demolition has been notified; |
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(2)
selling, exchanging, and mortgaging the house which
demolition has been notified; |
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(3)
establishing or changing the tenancy of the house which
demolition has been notified. |
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Article 14 The
urban residents' committee or villagers' committee of the
locality |
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of
the house to be demolished according to the notice, the
department of public security, and the
unit that the owner is
affiliated with shall have a responsibility to assist, cooperate
with the
land department and land-using unit to have demolition
well done. |
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Article 15 The
land departments shall establish and improve the file system of
demolition, strengthen the management
of the files and data of
demolition. |
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Chapter III
Compensation and Placement
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Article 16 Compensation for house demolition shall be
made in accordance with different cases: |
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(1)
for an urban resident' s house, compensation for
demolition shall be a house of the same area, but may also be
cash compensation with the approval of the owner. If the land is
paid transfer land (i.e., the land
transferred by the municipal,
district land bureaus in exchange for payment), both parties of
compensation
shall settle the difference of the land prices. |
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(2)
for a villager in a rural area who has already been
assigned a house site within the planned limits of rural land,
compensation for the requisitioned old house shall be cash only,
without neither assigned land
nor house for compensation. |
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(3)
for the overseas Chinese, compatriots in Hong Kong,
Macao, and Taiwan themselves, compensation for their old houses
in rural areas may be houses, or cash if the owners agree. If
the owners have already been assigned
house sites, compensation
shall be cash. |
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(4)
for a unit (including collectively-owned, state-owned
enterprise and institutions, government agencies, organizations,
Chinese and foreign joint ventures, Chinese and foreign
cooperative enterprises, foreign-capital
enterprises, etc.),
compensation for a demolished house shall be a house of the same
structure
and area; if the land is the paid transfer land, both
parties of compensation shall settle the difference of the
land
prices (current value). If an agreement has been reached by both
parties of compensation through
negotiation, placement may be
done through exchange of land. |
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If
compensation is a house according to this article, placement
shall be done in |
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single
name contract system, both parties of compensation shall settle
the |
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difference
of prices based on different area, structure, and quality, and
make it clear in the agreement. |
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If
there has been no agreement reached by the deadline for
negotiation, the land |
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department
shall make a settlement decision, and compensation for house
demolition shall generally
be cash. |
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Article 17 For
compensation made through exchange of property, if the
difference between the indemnity house
and the original house in
quality or area is considerable, both parties shall settle the
difference
of prices on quality and area. If the area of the
indemnity house is larger than that of the demolished one, the
extra area shall be paid for by the owner to the land-using unit
at the price of commercial house
with low mark-up. |
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Article 18 If
the house planned to be built on the requisitioned land is for
the same use as the demolished
house, the owner shall have
on-site placement. |
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Article 19 For
the user of public residential house who is affected by
demolition, the municipal housing bureau
shall arrange a
placement according to the related rules on housing management. |
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Article 20 When
demolishing a house on the land for approved temporary use, the
original contract of the land
for temporary use shall be
terminated automatically. If the remaining term of the contract
is more
than 1 year, proper compensation shall be made for the
demolished house, but if there are other stipulations in
the
contract of the land for temporary use, the contract shall be
honored. |
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Article 21 If
there is temporarily no house available for compensation which
should be made by a house, an
appropriate, reasonable temporary
residence shall be arranged for the owner and user, the
resultant
expenses shall be paid by the land-using unit. |
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Article 22 The
relocation expenses caused by house demolition shall be paid by
the land-using unit to the owner
or user according to the actual
cost. The unit that the owner and user are affiliated with shall
give necessary time for relocation. The wages shall be paid
during the relocation time. |
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Article 23 If
a demolished house is in tenancy and compensated by another
house, the contract of tenancy shall
continue to be valid, both
parties of tenancy shall negotiate to change the related rights
and
obligations; if the compensation is cash, the contract of
tenancy shall be terminated automatically. |
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Article 24 When
demolishing a house with property disputes which have not been
settled during the period of
negotiating of compensation for
house demolition, the land department shall call in the owner of
the house to be demolished and the municipal agency of realty
appraisal to make a record of inspection before
demolition has
been started, and entrust a notary organization with
conservation of evidence. |
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Article 25 If
a demolished house falls into one of the following categories,
there shall be no compensation: |
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(1)
the house built in violation of rules; |
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(2)
the house on the land illegally occupied; |
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(3)
the house on the land reentered by the municipal land
bureau because of violation of the land use contract; |
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(4)
the reconstructed, extended, and renovated part in
violation of Item 1 of Article 13 of these measures; |
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(5)
the house on the land of which the term of use has
expired. |
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Article 26 If
the demolition of nonresidential house leads to stopping
production |
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or
business which has caused economic loss, the land-using unit
shall give appropriate subsidy. |
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Chapter IV
Legal Liability
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Article 27 If the land-using unit has done demolition
by itself without obtaining Permit
for House Demolition, it shall be regarded as the act of
demolition in violation of rules, the land department of the
related locality shall impose a fine of 50 RMB per square
meters, and order stopping demolition and complying
with the
required formalities by a deadline. |
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Article 28 If
the owner or user has failed to move out on their own by the
prescribed deadline in violation
of Article 12 of these
measures, the land department of the related locality shall
impose a fine
of less than 5,000 RMB. |
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Article 29 If
the land-using unit has raised the standard of compensation
without authorization in violation
of these measures, or
reported lower compensation in application for Permit
for House Demolition and made higher compensation later, the
land department of the related locality shall order correction.
If the correction has been rejected, the right to use the land
shall be revoked, all the resultant other
loss shall be assumed
by the unit itself, the executive in charge and the direct
responsible persons
shall be penalized with a disciplinary
sanction by higher authorities. |
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Article 30 For
those who instigate people to make troubles in order to obstruct
house demolition, they shall
be dealt with by the department of
public security according to Regulations
of the People' s Republic of China on Punishments in Public
Order and Security Administration. |
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Article 31 If
the staff of the land departments and land-using units seek
irregular profits for themselves
or other people through
dishonest means in their dealing with compensation and
placement, the supervisory
department over administration shall
impose disciplinary sanctions; if the case is serious enough to
constitute a crime, the judicial department shall investigate
into the criminal responsibility according to
law. |
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Article 32 If
the party concerned has refused to accept the district land
department' s decision on sanction,
an application for review
may be filed to the municipal land department within 15 days
from the
date of receiving the notice of sanction; if the review
decision has been refused, legal action may be taken at
the
people' s court within 15 days from the date of receiving the
review decision. The party concerned
may also take legal action
directly at the people' s court. |
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Chapter V
Supplementary Provision
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Article 33 If there is an agreement on compensation
for house demolition signed before these measures take effect,
the agreement shall be honored. |
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Article 34 The
standards of compensation for house demolition shall be
formulated by the municipal land department
and made public
after being reported to and approved by the municipal
government. |
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Article 35 These
measures shall come into force upon promulgation, the Baoan and
Longang districts shall refer
to these measures in
implementation. |
