Factory demolition

How to identify a resettled person

Identification of the dismantler:

The objects of demolition and resettlement are the users. The user may be the owner of the house, or other actual users such as the tenant of the house. The user has the right to require the demolisher to provide resettlement, and it is the legal obligation of the demolisher to provide demolition and resettlement to the user. Demolition and resettlement are generally carried out through an agreement between the demolisher and the person being demolished. They reach an agreement on the resettlement method, location, standards, etc., which are stipulated in the demolition agreement.

However, if the two parties cannot reach an agreement on resettlement matters, either party can apply for a ruling from the competent authority; once the competent authority makes a ruling, it becomes a specific administrative act. The resettlement can be done in a one-time manner, or the demolishers can use turnover houses (or pay temporary resettlement subsidies and let the demolished people solve the problem themselves), and make a temporary transition first to ease the settlement of resettlement houses. If the resettlement housing cannot be solved at one time, the transition period should be clearly stated in the agreement, so that the demolition and resettlement can be divided into two types, one is one-time resettlement and the other is transitional resettlement. The new "Urban House Demolition Management Regulations" do not have specific resettlement objects as specified in the old "Urban House Demolition Management Regulations". As long as the owner of the demolished house is the owner, the resettlement arrangements must be confirmed in the resettlement agreement.

Articles 6, 7, and 8 of the "Measures for Determining the Population to be Resettled in Housing Exchange Based on the Standards of Housing Demolition Area in Shanghai" stipulate:

Those with a household registration in this city:

1. As of the date of issuance of the house demolition permit, those who have a permanent residence in the city and have actually lived in the house to be demolished for one year, and there is no other housing in the city or although there is a house, it is difficult to live, can be identified as the population to be resettled in the house to be demolished.

2. As of the issuance date of the house demolition permit, persons who have had a permanent residence in the city for less than one year in the house to be demolished, who live in the house to be demolished, who have no other housing in the city or who have housing but have difficulty living in the city, and who meet one of the following special circumstances, can be identified as the population to be resettled in the house to be demolished.

1) Minor children of the population to be resettled within the demolition area;

2) Cadres, employees and their relocating family members who need to be transferred back to the city due to work needs will settle down with their immediate relatives within the scope of demolition;

3) Those who move back to their home within the demolition area from outside the city due to retirement, retirement or resignation;

4) Seafarers, crew members, field exploration personnel, students and other personnel move back to their homes in the demolition area;

5) Residents in this city have their household registrations within the demolition scope canceled due to being drafted into the army or going abroad, but are later restored;

6) Residents in this city have their household registrations canceled within the scope of demolition due to serving sentences, being sent to reeducation, or being declared missing or dead by the People’s Court, etc., and then have their household registrations restored;

7) Other circumstances specified by the municipal government.

3. People who do not have permanent residence in the city within the scope of demolition can be identified as the population that should be resettled: on the date of issuance of the house demolition permit, people who do not have permanent residence in the city within the scope of demolition, have no other housing in the city or have housing but have difficulty living in the city, and meet one of the following special circumstances, can be identified as the population that should be resettled in the house to be demolished.

1) Minors with permanent residence in this city, and their parents are among the population to be resettled within the scope of demolition;

2) Seafarers, seafarers, field exploration personnel, students and other personnel whose household registration has moved out from the demolished houses and are still in the state of moving out at the time of demolition (excluding those who are already in other places);

3) Persons whose household registration has been canceled due to recruitment into the army;

4) Persons whose household registration has been canceled due to serving a sentence or being re-education through labor;

5) Persons whose household registration is not in this city have actually lived in the demolished house due to marriage for two years from the date of issuance of the house demolition permit, and their spouses are among the people to be resettled within the scope of demolition;

6) Other circumstances specified by the municipal government.

In specific demolition, each district has its own different policies and strategies. We should actively respond to the government's requirements based on the actual situation of the family and the policies of the national and municipal governments while safeguarding our own legitimate rights and interests.

The resettled persons include those with household registration in this city andFamilies who have actually lived there for one year but have difficulties in living,The minor children of the people who should be resettled within the demolition scope also belong to the resettled population.Persons whose household registration has been canceled due to being drafted into the army and who have difficulty living are also considered resettled persons.,The above are the answers to your questions, which you can consult.