Chapter Ⅰ General Provisions

　　Article 1 These Regulations are formulated for the purposes of strengthening the administration of the housing demolition and relocation in cities，protecting the lawful rights and interests of the parties to the demolition and relocation，and ensuring the smooth progress of construction projects．

　　Article 2 These Regulations are applicable to the situation that the housing demolition and relocation are carried out on State—owned lands within planned urban areas and compensation and resettlement are required for the relocatees．

　　Article 3 The housing demolition and relocation in cities must comply with the city planning，benefit the reformation of old urban districts and the improvement of ecological environment，and protect cultural relics and historic sites．

　　Article 4 A demolisher shall，as provided in these Regulations，compensate and resettle the relocatees； the relocatees shall complete the removal within the time limit therefor．

　　For the purpose of these Regulations，demolisher refers to any unit that has acquired the permit for housing demolition and relocation．

　　For the purpose of these Regulations，relocatee refers to any owner of a house to be demolished．

　　Article 5 The competent construction administrative department of the State Council shah supervise and administer the housing demolition and relocation in cities throughout the country．

　　The departments responsible for administering the housing demolition and relocation of the local people’s governments at or above the county level （hereinafter referred to as the administrative departments of housing demolition and relocation） shall supervise and administer the housing demolition and relocation within their respective administrative areas． The departments concerned of the local people’s governments at or above the county level shall，as provided in these Regulations，cooperate with each other to ensure the smooth progress of the administrative work with regard to housing demolition and relocation．

　　The competent land administrative departments of the people’s governments at or above the county level shall be responsible for the land administration relating to housing demolition and relocation in cities in accordance with the provisions of relevant laws and administrative regulations．

　　Chapter Ⅱ Administration of Housing Demolition and Relocation

　　Article 6 The unit carrying out house demolition and relocation shall not carry out the work of any demolition and relocation until it has acquired the permit for housing demolition and relocation．

　　Article 7 Any unit that applies for the permit for housing demolition and relocation shall submit the following documents to the administrative department of housing demolition and relocation of the people’s government of the city or county where the house to be demolished is located：

　　（1） the document of approval for construction project；

　　（2） the permit for the planned use of land for construction；

　　（3） the document of approval for the right to the use of State—owned land；

　　（4） the plan and program for demolition and relocation；

　　（5） the certification issued by a financial institution undertaking deposit business to certify the compensation and resettlement capital for demolition and relocation．

　　The administrative department of housing demolition and relocation of the people’s government of the city or county shall examine the items in the application within thirty days from the date of receipt of the application； upon examination，the permit：or housing demolition and relocation shall be issued to the unit satisfying the requirements．

　　Article 8 At the time of issuing the permit for housing demolition and relocation，the administrative department of housing demolition and relocation shall publish，in the form of an announcement of housing demolition and relocation，the items such as the demolisher，the scope of demolition and relocation and the time limit for demolition and relocation，as specified in the permit for housing demolition and relocation．

　　The administrative department of housing demolition and relocation and the demolisher shall do a good job in making prompt publicity and explanation to the relocatees．

　　Article 9 The demolisher shall carry out the housing demolishing and relocation within the scope of and the time limit for the housing demolition and relocation as defined in the permit for housing demolition and relocation．

　　Where it is necessary to extend the time limit for housing demolition and relocation，the demolisher shall，no later than fifteen days before the expiry of the time limit for demolition and relocation，make an application for the extension of the time limit for demolition and relocation to the administrative department of housing demolition and relocation； the said department shall give a reply within ten days from the date of receipt of the application．

　　Article 10 A demolisher may carry out demolition and relocation by itself； it may also commission the demolition and relocation to a unit that is qualified for demolition and relocation．

　　The administrative department of housing demolition and relocation shall neither act as a demolisher nor accept any commission for demolition and relocation．

　　Article 11 Where the demolition and relocation is to be carried out under commission，the demolisher shall issue a letter of commission to the unit that is commissioned to carry out demolition and relocation，and shall conclude a commission contract for demolition and relocation． The demolisher shall，within fifteen days from the date of conclusion of the commission contract for demolition and relocation，report the said contract to the administrative department of housing demolition and relocation for the record．

　　The unit that is commissioned to carry out demolition and relocation shall not assign the business of demolition and relocation to anybody else．

　　Article 12 After the scope of demolition and relocation has been defined，no unit or individual within this scope may engage in the following activities：

　　（1） building new houses，expanding or reconstructing old ones；

　　（2） changing the purpose of using houses or land；

　　（3） having the houses leased．

　　With regard to the items set forth in the preceding paragraph，the administrative department of housing demolition and relocation shall notify in writing the departments concerned to suspend from undergoing relevant formalities． The time limit for suspension shall be clearly specified in the written notice of suspension． The time limit for suspension shall，at the maximum，be no longer than one year；where the demolisher requires an extension of the time limit for suspension，the extension shall be subject to the approval by the administrative department of housing demolition and relocation，and the extended time limit for suspension shall be no longer than one year．

　　Article 13 The demolisher and the relocatee shall，as provided in these Regulations，conclude an agreement for compensation and resettlement on demolition and relocation in terms of the means for compensation，the amount of compensation，the area of the house for resettlement，the place for resettlement，the time limit for removal，the transitional means for removal，and the time limit for transition as well as other matters．

　　Where a leased house is to be demolished，the demolisher shall conclude an agreement for compensation and resettlement on demolition and relocation with the relocatee and the lessee of the house．

　　Article 14 Where it is necessary to demolish a house managed under commissions by the administrative department of housing demolition and relocation，the agreement on compensation and resettlement for demolition and relocation must be notarized by a notary institution and evidence—preservation must be undergone．

　　Article 15 After the conclusion of the agreement on compensation and resettlement for demolition and relocation，if the relocatee or the lessee of the house refuses to remove within the time limit for removal，the demolisher may，according to law，make an application for arbitration to an arbitration committee or bring a lawsuit before a people’s court． During the period of legal proceedings，the demolisher may，according to law，make an application to the people’s court for advance execution．

　　Article 16 Where the demolisher and the relocatee，or the demolisher，the relocatee and the lessee of the house，fail to reach an agreement on compensation and resettlement for demolition and relocation，this matter shall，upon the application of any party，be ruled on by the administrative department of housing demolition and relocation． Where the administrative department of housing demolition and relocation is the relocatee，this matter shall be ruled on by the people’s government at the same level．The ruling shall be given within thirty days from the date of receipt of the application．

　　If the party concerned disagrees with the ruling，it may bring a lawsuit before a people’s court within three months from the date of service of the ruling． Where the demolisher has already，as provided in these Regulations，given monetary compensation or provided houses for resettlement or transitional use to the relocatee，the execution of demolition and relocation shall not be stopped during the period of legal proceedings．

　　Article 17 Where the relocatee or the lessee of the house fails to remove within the time limit for removal as defined in the ruling，the people’s government of the city or county of the place where the house is located shall instruct the department concerned to carry out compulsory demolition and relocation，or the administrative department for housing demolition and relocation shall，according to law，apply to the people’s court for compulsory demolition and relocation．

　　Before the execution of the compulsory demolition and relocation，the demolisher shall undergo evidence—preservation with a notary institution with regard to the relevant matters of the house to be demolished．

　　Article 18 Where any military installation，church，temple，cultural relic and historic site，or the house of any foreign embassy （consulate） in China is involved in demolition and relocation，the matter shall be dealt with in accordance with the provisions of relevant laws and regulations．

　　Article 19 Where a construction project that the compensation and resettlement for demolition and relocation has not yet finished is to be assigned，the assignment shall be subject to the approval of the administrative department of housing demolition and relocation，and the rights and obligations set forth in the original agreement on compensation and resettlement for demolition and relocation shall be transferred accordingly to the assignee． The assignor and the assignee of the project shall notify in writing the relocatee，and shall make an announcement within thirty days from the date of conclusion of the contract for assignment．

　　Article 20 The funds to be used by the demolisher for the purpose of the compensation and resettlement for housing demolition and relocation shall be fully expended for the compensation and resettlement for housing demolition and relocation，and shall not be diverted to any other purposes．

　　The administrative department of housing demolition and relocation of the local people’s government at or above the county level shall strengthen the supervision over the use of the funds for compensation and resettlement for housing demolition and relocation．

　　Article 21 The administrative department of housing demolition and relocation shall establish and invigorate the management system of achieves of demolition and relocation，and shall strengthen the management of the documents of demolition and relocation that are kept on file．

　　Chapter Ⅲ Compensation and Resettlement for Demolition and Relocation

　　Article 22 The demolisher shall，as provided in these Regulations，compensate the relocatee．

　　No compensation shall be given for any unlicensed construction or temporary construction to be demolished beyond the approved time limit，while appropriate compensation shall be given for temporary construction to be demolished within the approved time limit．

　　Article 23 Compensation for demolition and relocation may be given by the means of money or exchange of property right to the house．

　　Except as provided in Paragraph 2 of Article 25 and Paragraph 2 of Article 27 of these Regulations，the relocatee may choose the means of compensation for demolition and relocation．

　　Article 24 The amount of compensation given in the means of money shall be determined at the valuation price in the real estate market on the basis of the factors such as the location，usage，and building area of the house to be demolished．

　　The specific measures thereof are to be made by the people’s governments of provinces，autonomous regions or municipalities directly under the Central Government．

　　Article 25 Where the property right to the house is to be exchanged，the demolisher and the relocatee shall，as provided in Article 24 of these Regulations，calculate the amount of compensation for the demolished house and the price of the house to be exchanged，and shall settle up the price difference in the exchange of property right．

　　Where the accessories of a non—public—service house are to be demolished，no property right may be exchanged，and the demolisher shall give compensation by the means of money．

　　Article 26 Where a public—service house is to be demolished，the demolisher shall，as provided in pertinent laws and regulations and as required in the city planning，rebuild another one or give compensation in the means of money．

　　Article 27 Where a leased house is to be demolished and the relocatee terminates the lease relation with the lessee of the house，or resettle the lessee，the demolisher shall give compensation to the relocatee．

　　Where the relocatee and the lessee of the house fail to reach an agreement on the termination of the lease relation，the demolisher shall have the property right to the house exchanged for the relocatee． The house to which the property right is exchanged shall be leased by the original lessee of the house，and the relocatee and the original lessee of the house shall conclude a new contract for house—leasing．

　　Article 28 Houses provided by the demolisher for resettlement shall meet the standards of the State for quality and safety．

　　Article 29 Where a house to which the property right is not clear shall be demolished，the demolisher shall make a plan for compensation and resettlement，and the demolition and relocation may be conducted only after the plan has been examined and approved by the administrative department of housing demolition and relocation． Before the demolition and relocation，the demolisher shall undergo evidence—preservation with a notary institution with regard to the relevant matters of the house to be demolished．

　　Article 30 The demolition of a mortgaged house shall be conducted in compliance with the laws of the State on guaranty．

　　Article 31 The demolisher shall give subsidies for removal to the relocatee or the lessee of the house．

　　During the time limit for transition，where the relocatee or the lessee of the house arranges the lodging by himself，the demolisher shall give subsidies for temporary resettlement； where the relocatee or the lessee of the house lives in the house for transitional use provided by the demolisher，it is not necessary for the demolisher to give subsidies for temporary resettlement．

　　The rates of subsidies for removal and temporary resettlement shall be determined by the people’s governments of provinces，autonomous regions or municipalities directly under the Central Government．

　　Article 32 The demolisher shall not extend the time limit for transition without authorization．The occupier of the house for transitional use shall have it vacated and returned on time．

　　Where the time limit for transition is extended due to the responsibility of the demolisher，an increase shall be made，starting from the month in which the time limit expires，to the subsidies for temporary resettlement given to the relocatee or the lessee of the house who arranges the lodging by himself； and the subsidies for temporary resettlement shall be given to the occupier of the house for transitional use starting from the month in which the time limit expires．

　　Article 3 Where the demolition of a houses which is not used as a dwelling house leads to suspension of production or business，the demolisher shall give due compensation．

　　Chapter Ⅳ Penalty Provisions

　　Article 34 Where，in violation of the provisions of these Regulations，any demolition and relocation is carried out without acquiring the permit for housing demolition and relocation，the demolition and relocation shall be ordered to stop and a warning shall be given by the administrative department of housing demolition and relocation，and a fine of not less than 20 yuan but not more than 50 yuan for each square meter of building area of the demolished houses shall be concurrently imposed．

　　Article 35 Where，in violation of the provisions of these regulations，the demolisher acquires the permit for housing demolition and relocation by means of deception，the permit shall be revoked by the administrative department of housing demolition and relocation，and a fine of not less than 1 per cent but not more than 3 per cent of the funds for compensation and resettlement for housing demolition and relocation shall be imposed concurrently．

　　Article 36 Where，in violation of the provisions of these regulations，the demolisher commits any of the following acts，the demolition and relocation shall be ordered to stop and a warning shall be given by the administrative department of housing demolition and relocation，and a fine of not more than 3 per cent of the funds for compensation and resettlement for housing demolition and relocation may be imposed concurrently； where the circumstances are serious，the permit for housing demolition and relocation shall be revoked：

　　（1） failing to carrying out housing demolition and relocation within the scope defined in the permit for housing demolition and relocation；

　　（2） commissioning the demolition and relocation to a unit which is not qualified for demolition and relocation；

　　（3） extending the time limit for demolition and relocation without authorization．

　　Article 37 Where，in violation of the provisions of these Regulations，a unit which is commissioned to carry out housing demolition and relocation transfers the business of demolition and relocation，it shall be ordered to make corrections and have its illegal income confiscated by the administrative department of housing demolition and relocation，and shall be fined not less than 25 per cent but not more than 50 per cent of the service fees for demotion and relocation agreed upon in the contract．

　　Article 38 Where an administrative department of housing demolition and relocation of the local people’s government at or above the county level approves and issues the permit for housing demolition and relocation and other documents of approval in violation of the provisions of these Regulations，or fails to perform its duties of supervision and administration after the approval and issuance of the permit for housing demolition and relocation and other documents of approval，or fails to investigate and deal with illegal acts，the chief person holding direct responsibilities and other persons directly responsible for the violation shall be given disciplinary sanctions according to law； where the circumstances are serious，thus causing heavy losses to public properties or interests of the State and people，criminal responsibilities shall be investigated according to law if a crime is constituted．

　　Chapter Ⅴ Supplementary Provisions

　　Article 39 Where the housing demolition and relocation are to be carried out on State—owned lands beyond planned urban areas and the compensation and resettlement to be required for the relocatees，the matters therein shall be governed with by these Regulations．

　　Article 40 These Regulations shall be effective as of November 1，2001． The Regulations on Administration of Housing Demolition and Relocation in Cities promulgated by the State Council on March 22，1991 shall be repealed simultaneously．

　　【注释】
　　*Adopted at the 40th Executive Meeting of the state Council on June 6，2001，promulgated by Decree No． 305 of the State Council of the People’s Republic of China on June 13，2001，and effective as of November 13，2001