Legal information

Article introduction: 35 common problems in demolition, see how many do you know?

Maybe you often hear Order 590 during consultations, but you may not understand what Order 590 is at first. Today we tell you that State Council Order No. 590 is the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land". This regulation is a national law and regulation officially promulgated and implemented on January 21, 2011. Most of the questions you encounter during demolition are clearly stipulated in this regulation. The Yingting Demolition Team has carefully compiled it for you. As for the detailed terms, you can check it yourself or follow us.

Order No. 590 can answer 35 common questions during demolition. Do you understand it?

1. For what reasons can the houses and land of individuals and companies be expropriated?

See Article 8 of Order 590

2. Do we need to provide compensation for the expropriation of houses and land of individuals and enterprises?

See Article 2 of Order 590

3. Who has the right to levy?

See Article 4 of Order 590

4. Can profits be made during the collection process? Who will take responsibility?

See Article 6 of Order 590

5. Who will supervise and supervise the collection work?

See Article 7 of Order 590

6. Can anyone acquire land if they want to? How do I need to get approval to collect it?

See Article 9 of Order 590

7. Should the opinions of the expropriated persons be solicited during expropriation?

See Article 10 of Order 590

8. What should we do if most residents involved in the renovation of old cities are not satisfied with the compensation?

See Article 11 of Order 590

9. When should the compensation be paid?

See Article 12 of Order 590

10. What should be stated in the tax collection announcement?

See Article 13 of Order 590

11. What should the expropriated person do if he is dissatisfied with the expropriation decision?

See Article 14 of Order 590

12. Can the expropriated person refuse legal expropriation?

See Article 15 of Order 590

13. Will there be compensation for rushing to build houses after the demolition notice comes out?

See Article 16 of Order 590

14. What compensation items should the expropriated persons (including enterprises) receive when their houses are expropriated?

See Article 17 of Order 590

15. Do the people whose houses have been expropriated have the right to ask for affordable housing?

See Article 18 of Order 590

16. How much compensation is reasonable and legal if the house is expropriated?

See Article 19 of Order 590

17. Who has the right to assess the value of a house?

See Article 20 of Order 590

18. Does the expropriated person have the right to choose whether the expropriated house and land require money or a house?

See Article 21 of Order 590

19. My house has been expropriated. Can I still want to relocate to a nearby house?

See Article 21 of Order 590

20. If an enterprise is expropriated, can it ask for compensation for losses due to suspension of production and business in addition to compensation for land and housing?

See Article 23 of Order 590

21. Which illegal buildings will not be compensated?

See Article 24 and Article 16 of Order No. 590

22. What are the minimum contents that a demolition compensation agreement must include?

See Article 25 of Order 590

23. Can I sue if the demolition agreement is not fulfilled?

See Article 25 of Order 590

24. What should I do if I don’t sign within the contract period?

See Article 26 of Order 590

25. What should the expropriated people do if they are not satisfied with the compensation?

See Article 26 of Order 590

26. Is it legal to let someone move without receiving compensation?

See Article 27 of Order 590

27. Is it legal to cut off water, electricity, and circuits without signing, or to force someone to sign?

See Article 27 of Order 590

28. What will happen if the expropriated person does not sign or sue?

See Article 28 of Order 590

29. Who has the right to carry out forced demolition if the person being demolished does not sign?

See Article 28 of Order 590

30. What constitutes a legal forced demolition?

See Article 28 of Order 590

31. Can the compensation status of each family be announced?

See Article 29 of Order 590

32. What should we do if demolition personnel abuse their power or neglect their duties?

See Article 30 of Order 590

33. Using threats of violence or cutting off water, electricity or gas to force people to signPay responsibility?

See Article 30 and Article 32 of Order No. 590

34. What should I do if there is corruption, misappropriation, private division, expenditure reduction, or default in compensation?

See Article 33 of Order 590

35. How to punish appraisal companies for false appraisals?

See Article 34 of Order 590

What issues are not covered? Please leave a comment below.

Yingting reminds you:

1. According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.

2. At the same time, please pay attention to the following legal deadlines to avoid missing the opportunity to protect your rights.

(1) Article 9 of the Administrative Reconsideration Law stipulates that if citizens, legal persons or other organizations believe that a specific administrative act infringes upon their legitimate rights and interests, they may file an application for administrative review within 60 days from the date of becoming aware of the specific administrative act; however, exceptions are made where the application period prescribed by law exceeds 60 days. If the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is removed.

(2) Article 44 of the Administrative Litigation Law stipulates that for administrative cases within the scope of the People's Court, citizens, legal persons or other organizations may first apply to the administrative agency for reconsideration. If they are not satisfied with the reconsideration decision, they may then file a lawsuit with the People's Court; they may also file a lawsuit directly with the People's Court. Laws and regulations stipulate that one must first apply to the administrative agency for reconsideration. If one is dissatisfied with the reconsideration decision and then files a lawsuit in the People's Court, the provisions of laws and regulations shall apply. Article 45 stipulates that citizens, legal persons or other organizations that are dissatisfied with the review decision may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision. If the review authority fails to make a decision within the time limit, the applicant may file a lawsuit with the People's Court within fifteen days from the expiration of the review period. Except as otherwise provided by law. Article 46 stipulates that if a citizen, legal person or other organization directly files a lawsuit with the People's Court, it shall do so within six months from the date when it knows or should know that the administrative action has been taken. Except as otherwise provided by law. Except for cases filed over real estate, the People's Court will not accept cases filed more than five years from the date of administrative action.