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Implementation Opinions on Disclosure of House Demolition Compensation and Resettlement Results
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Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：629
Regarding the issuance of the "Results of Compensation and Resettlement for House Demolition"
Notice of "Public Implementation Opinions"
Shanghai Housing Management Demolition [2010] No. 192
All district and county housing security housing bureaus, supervision bureaus, and all house demolition units:
The "Implementation Opinions on the Disclosure of House Demolition Compensation and Resettlement Results" are now issued to you. Please comply with them carefully. Please provide timely feedback on relevant situations and problems encountered during implementation.
Shanghai Housing Security and Housing Administration
Shanghai Municipal Supervision Bureau
June 12, 2010
Implementation Opinions on Disclosure of House Demolition Compensation and Resettlement Results
In order to further promote "sunshine demolition" and enhance the transparency and credibility of house demolition, the following opinions are hereby put forward on making public the results of compensation and resettlement for house demolition and strengthening the supervision and management of house demolition:
1. The meaning of results disclosure
The disclosure of house demolition compensation and resettlement results (hereinafter referred to as result disclosure) refers to the demolition party’s disclosure of the final compensation and resettlement results of the demolished persons (or house lessees) as well as the relevant elements and operating processes that make up the compensation and resettlement results.
The results of house demolition compensation and resettlement refer to the total monetary compensation, resettlement houses (number of units, address, area, price), and other compensation costs.
Relevant factors refer to the certificate status of the demolished house, building area, assessed price, identification of living difficulties, and factors that have an impact on the compensation and resettlement results according to the demolition plan.
The operation process refers to the ownership investigation of the demolished houses, registered population survey, construction area identification, housing difficulty identification, demolition assessment, contract signing, ruling and other links.
2. Basic requirements for disclosure of results
(1) The demolisher formulates a plan for disclosing the results
The demolishers and house demolition units are responsible for the disclosure of results.
For any demolition base that applies for a house demolition license, the demolisher must add provisions for disclosure of results in the demolition plan, including the method and content of disclosure of results, etc., report to the district and county housing management bureau for approval, and file with the district and county supervision department and the sub-district office (township and town people's government) where the demolition base is located.
(2) Method of disclosing results
Demolishers and house demolition units should set up a results disclosure column in the demolition base, and publish the results of house demolition compensation and resettlement in the result disclosure column; demolition bases with conditions can establish a result disclosure query system, and publish the results of house demolition compensation and resettlement in the query system. One household will be signed and one household will be made public, so that the dynamics of demolition compensation and resettlement can be reflected in real time.
The demolished persons (or house lessees) and direct stakeholders within the scope of demolition can check the results of house demolition compensation and resettlement.
(3) Explanation and correction of results disclosed
The demolishers and house demolition units should promptly investigate and respond to the questions raised by the demolished persons (or house lessees) during the process of publicizing the results; if there are errors in the disclosed content, they should promptly correct them and provide explanations.
3. Supervision and management of results disclosure
(1) Establish a public trust evaluation system
The demolition base should establish a demolition review group composed of the local sub-district office (township and town people's government), residents' committee (villagers' committee), lawyers, National People's Congress deputies, CPPCC members, etc., and can include representatives recommended or elected by the people being demolished (or house lessees) to participate. The demolition evaluation team shall evaluate and supervise the preliminary investigation of the demolition base, the formulation of the demolition plan, the public implementation of the results, the mediation and resolution of conflicts, etc. The evaluation results shall also be made public.
(2) Accept audit supervision
Demolition persons and house demolition units must be audited by the audit department, so that the public results are consistent with the audit results. District and county housing management bureaus and supervision departments must take serious action if the public results are inconsistent with the audit results.
(3) Implementing special inspections with results disclosed
District and county housing management bureaus and supervision departments should conduct special inspections and establish inspection files on the determination of building area, determination of housing difficulties, public implementation of results, payment of compensation funds, use of resettlement housing, etc. Supervise the resolution of discovered problems in a timely manner; demolishers and house demolition units that have good publicity and implementation of results and are highly recognized by residents should be commended.
(4) Improve the system for receiving letters and visits
District and county housing bureaus and supervisory departments should strictly implement the State Council's "Regulations on Letters and Calls" and the "Regulations on Letters and Calls of Shanghai", and should promptly check and deal with the problems reported by letters and calls to prevent any illegal infringement of the interests of the demolished persons (or house lessees). For cases that have been reviewed and reexamined by the court's final judgment and petition responses, the results of the demolition base will be disclosed within the scope of the disclosure, and the relevant municipal functional departments will be requested to implement the petition closure system.
(5) Deeply promote information management
Municipal, district and county housing management bureaus should improve their information management systems, disclose information on demolishers, house demolition units, demolition workers, etc. online, and accept the supervision of demolished persons (or house lessees) and public opinion; promote electronic text agreements, eliminate "yin and yang contracts", and standardize demolition compensation and resettlement agreements; gradually promote the networking of municipal, district and county housing management bureaus and demolition bases to achieve "online signing."
(6) Implementing the Result Disclosure Responsibility System
Each district and county demolition headquarters (demolition office or district-based demolition coordination and promotion agency) shall have leadership responsibility for the disclosure of implementation results; district and county housing management bureaus and sub-district offices (township and town people's governments) should strengthen supervision and management of the entire process of results disclosure; district and county supervisory departments should fully perform their supervisory functions to ensure the smooth implementation of results disclosure.
4. Seriously investigate and deal with violations of regulations, disciplines and laws
District and county housing management bureaus and supervisory departments should intensify investigation and punishment, and strictly deal with the following violations of regulations and laws in accordance with relevant laws, regulations, party and government disciplines. If they constitute a crime, they will be transferred to judicial organs for criminal liability:
(1) Staff members responsible for leadership and supervision of house demolition take advantage of their authority and social relationships to seek improper benefits for themselves or others, or interfere with the public execution of the results, and the circumstances are serious;
(2) Demolition persons and house demolition units refuse to implement the disclosure of results or violate relevant requirements for disclosure of results, and commit illegal acts;
(3) Demolition workers have violated laws and regulations;
(4) The demolished person (or house lessee) provides false certification materials to seek improper benefits and causes consequences (the district and county housing management bureaus should include the bad credit records of the parties in the Shanghai Joint Personal Credit Information System in accordance with regulations for inquiry by relevant social entities);
(5) Staff members or personnel of state-owned enterprises and institutions disrupt the demolition order or obstruct the demolition work, and the circumstances are serious.
5. Implementation date and applicable explanations
These opinions shall come into effect from the date of promulgation.
Bases that have newly obtained house demolition permits after the implementation of these opinions must fully implement the disclosure of house demolition compensation and resettlement results.
The specific application issues of this opinion will be interpreted by the Municipal Housing Security and Housing Administration Bureau and the Municipal Supervision Bureau in accordance with their respective responsibilities.
Regarding the issuance of the "Results of Compensation and Resettlement for House Demolition"
Notice of "Public Implementation Opinions"
Shanghai Housing Management Demolition [2010] No. 192
All district and county housing security housing bureaus, supervision bureaus, and all house demolition units:
The "Implementation Opinions on the Disclosure of House Demolition Compensation and Resettlement Results" are now issued to you. Please comply with them carefully. Please provide timely feedback on relevant situations and problems encountered during implementation.
Shanghai Housing Security and Housing Administration
Shanghai Municipal Supervision Bureau
June 12, 2010
Implementation Opinions on Disclosure of House Demolition Compensation and Resettlement Results
In order to further promote "sunshine demolition" and enhance the transparency and credibility of house demolition, the following opinions are hereby put forward on making public the results of compensation and resettlement for house demolition and strengthening the supervision and management of house demolition:
1. The meaning of results disclosure
The disclosure of house demolition compensation and resettlement results (hereinafter referred to as result disclosure) refers to the demolition party’s disclosure of the final compensation and resettlement results of the demolished persons (or house lessees) as well as the relevant elements and operating processes that make up the compensation and resettlement results.
The results of house demolition compensation and resettlement refer to the total monetary compensation, resettlement houses (number of units, address, area, price), and other compensation costs.
Relevant factors refer to the certificate status of the demolished house, building area, assessed price, identification of living difficulties, and factors that have an impact on the compensation and resettlement results according to the demolition plan.
The operation process refers to the ownership investigation of the demolished houses, registered population survey, construction area identification, housing difficulty identification, demolition assessment, contract signing, ruling and other links.
2. Basic requirements for disclosure of results
(1) The demolisher formulates a plan for disclosing the results
The demolishers and house demolition units are responsible for the disclosure of results.
For any demolition base that applies for a house demolition license, the demolisher must add provisions for disclosure of results in the demolition plan, including the method and content of disclosure of results, etc., report to the district and county housing management bureau for approval, and file with the district and county supervision department and the sub-district office (township and town people's government) where the demolition base is located.
(2) Method of disclosing results
Demolishers and house demolition units should set up a results disclosure column in the demolition base, and publish the results of house demolition compensation and resettlement in the result disclosure column; demolition bases with conditions can establish a result disclosure query system, and publish the results of house demolition compensation and resettlement in the query system. One household will be signed and one household will be made public, so that the dynamics of demolition compensation and resettlement can be reflected in real time.
The demolished persons (or house lessees) and direct stakeholders within the scope of demolition can check the results of house demolition compensation and resettlement.
(3) Explanation and correction of results disclosed
The demolishers and house demolition units should promptly investigate and respond to the questions raised by the demolished persons (or house lessees) during the process of publicizing the results; if there are errors in the disclosed content, they should promptly correct them and provide explanations.
3. Supervision and management of results disclosure
(1) Establish a public trust evaluation system
The demolition base should establish a demolition review group composed of the local sub-district office (township and town people's government), residents' committee (villagers' committee), lawyers, National People's Congress deputies, CPPCC members, etc., and can include representatives recommended or elected by the people being demolished (or house lessees) to participate. The demolition evaluation team shall evaluate and supervise the preliminary investigation of the demolition base, the formulation of the demolition plan, the public implementation of the results, the mediation and resolution of conflicts, etc. The evaluation results shall also be made public.
(2) Accept audit supervision
Demolition persons and house demolition units must be audited by the audit department, so that the public results are consistent with the audit results. District and county housing management bureaus and supervision departments must take serious action if the public results are inconsistent with the audit results.
(3) Implementing special inspections with results disclosed
District and county housing management bureaus and supervision departments should conduct special inspections and establish inspection files on the determination of building area, determination of housing difficulties, public implementation of results, payment of compensation funds, use of resettlement housing, etc. Supervise the resolution of discovered problems in a timely manner; demolishers and house demolition units that have good publicity and implementation of results and are highly recognized by residents should be commended.
(4) Improve the system for receiving letters and visits
District and county housing bureaus and supervisory departments should strictly implement the State Council's "Regulations on Letters and Calls" and the "Regulations on Letters and Calls of Shanghai", and should promptly check and deal with the problems reported by letters and calls to prevent any illegal infringement of the interests of the demolished persons (or house lessees). For cases that have been reviewed and reexamined by the court's final judgment and petition responses, the results of the demolition base will be disclosed within the scope of the disclosure, and the relevant municipal functional departments will be requested to implement the petition closure system.
(5) Deeply promote information management
Municipal, district and county housing management bureaus should improve their information management systems, disclose information on demolishers, house demolition units, demolition workers, etc. online, and accept the supervision of demolished persons (or house lessees) and public opinion; promote electronic text agreements, eliminate "yin and yang contracts", and standardize demolition compensation and resettlement agreements; gradually promote the networking of municipal, district and county housing management bureaus and demolition bases to achieve "online signing."
(6) Implementing the Result Disclosure Responsibility System
Each district and county demolition headquarters (demolition office or district-based demolition coordination and promotion agency) shall have leadership responsibility for the disclosure of implementation results; district and county housing management bureaus and sub-district offices (township and town people's governments) should strengthen supervision and management of the entire process of results disclosure; district and county supervisory departments should fully perform their supervisory functions to ensure the smooth implementation of results disclosure.
4. Seriously investigate and deal with violations of regulations, disciplines and laws
District and county housing management bureaus and supervisory departments should intensify investigation and punishment, and strictly deal with the following violations of regulations and laws in accordance with relevant laws, regulations, party and government disciplines. If they constitute a crime, they will be transferred to judicial organs for criminal liability:
(1) Staff members responsible for leadership and supervision of house demolition take advantage of their authority and social relationships to seek improper benefits for themselves or others, or interfere with the public execution of the results, and the circumstances are serious;
(2) Demolition persons and house demolition units refuse to implement the disclosure of results or violate relevant requirements for disclosure of results, and commit illegal acts;
(3) Demolition workers have violated laws and regulations;
(4) The demolished person (or house lessee) provides false certification materials to seek improper benefits and causes consequences (the district and county housing management bureaus should include the bad credit records of the parties in the Shanghai Joint Personal Credit Information System in accordance with regulations for inquiry by relevant social entities);
(5) Staff members or personnel of state-owned enterprises and institutions disrupt the demolition order or obstruct the demolition work, and the circumstances are serious.
5. Implementation date and applicable explanations
These opinions shall come into effect from the date of promulgation.
Bases that have newly obtained house demolition permits after the implementation of these opinions must fully implement the disclosure of house demolition compensation and resettlement results.
The specific application issues of this opinion will be interpreted by the Municipal Housing Security and Housing Administration Bureau and the Municipal Supervision Bureau in accordance with their respective responsibilities.
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