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Article 1 (Purpose and Basis)
With the purpose of strengthening the use, supervision and administration of
the funds for compensation for the demolition, relocation and resettlement,
safeguarding the legitimate rights and interests of the parties concerned in the
demolition and relocation, ensuring the accomplishment of the work of demolition
and relocation and the handing over of the land for China 2010 Shanghai World
Expo as scheduled before the end of the year 2006, these¡°Provisions¡±are
formulated in accordance with the¡°Regulations on the Administration of the
Demolition and Relocation of Urban Houses¡±, the¡°Detailed Implementation Rules of
Shanghai Municipality on the Administration of the Demolition and Relocation of
Urban Houses¡±, the¡°Procedures of Shanghai Municipality on Land Reserve¡±and the
relevant provisions of the State and this Municipality.
Article 2 (Scope of Application)
These Provisions apply to the demolishers and relocators in the coverage of
the red line of the World Expo planning and the enterprises and institutions
whose houses are to be demolished and relocated (hereinafter referred to as¡°the
parties of the houses to be demolished and relocated¡±).
Article 3 (Principle of the Use of the Funds for the Compensation for the
Demolition, Relocation and Resettlement)
The use of the funds for the compensation for the demolition, relocation and
resettlement shall follow the principle of earmarking the money for special
purpose, safeguarding stability and ensuring the demolition and relocation and
handing over of land in time.
The¡°earmarking the money for special purpose¡±mentioned in this Article means
that the parties of the houses to be demolished and relocated must, prior to the
completion of the demolition and relocation and handing over of land, give the
priority of the funds for the compensation for the demolition, relocation and
resettlement to the resettlement of employees and discharge of other rights of
land and houses, etc. After the parties of the houses to be demolished and
relocated have completed the demolition and relocation and handing over of land,
the remainder of the funds for the compensation for the demolition, relocation
and resettlement shall not be bound to the restrictions of being earmarked money
for special purpose set in these Provisions.
Article 4 (Agreement on Demolition and Relocation)
The demolishers and relocators and the parties of the houses to be demolished
and relocated shall, in accordance with the related provisions of the State and
this Municipality, sign the agreement on demolition and relocation to ensure the
normalized use of the funds for the compensation for the demolition, relocation
and resettlement. Such agreement shall cover the following contents:
1. The parties of the houses to be demolished and relocated perform the
obligation of the demolition and relocation and the handing over of land as
agreed upon; the demolishers and relocators pay the advance money as agreed
upon, and in the light of the schedule for the parties of the houses to be
demolished and relocated to relocate and hand over the land, pay other items of
compensation money;
2. The parties of the houses to be demolished and relocated set up a special
account for the funds for the compensation for the demolition, relocation and
resettlement, and use the money specifically for demolition and relocation and
resettlement;
3.The demolishers and relocators are entitled to supervise the use of the
earmarked funds by the parties of the houses to be demolished and relocated, and
the parties of the houses to be demolished and relocated file the vouchers
related to the main use of the funds for the compensation for the demolition,
relocation and resettlement to the demolishers and relocators for the record;
4. Where the parties of the houses to be demolished and relocated violate the
agreement governing earmarking money for special use, the demolishers and
relocators are entitled to refuse the payment of the unpaid remainder till the
parties of the houses to be demolished and relocated rectify their improper use
of money, but the parties of the houses to be demolished and relocated must
still perform their obligation to relocate and hand over the land as agreed
upon.
Article 5 (Compensation for the Demolition and Relocation and Resettlement of
the Mortgaged Property)
In the case of the demolition and relocation of the mortgaged houses, the
mortgagor and mortgagee shall, in accordance with the provisions of
the¡°Procedures of Shanghai Municipality on the Mortgage of Real Estate¡±, conduct
consultation on how to deal with the mortgage and the claim it guarantees, to
ensure the discharge of other rights of land and houses, and only after they
provide the demolishers and relocators with related written agreement can the
parties of the houses to be demolished and relocated obtain the funds for the
compensation for the demolition, relocation and resettlement.
Where no agreement can be reached between the mortgagor and the mortgagee,
the demolishers and relocators shall give compensation in currency to the
parties of the houses to be demolished and relocated and go through the
formalities of tender of the funds for the compensation for the demolition,
relocation and resettlement with the notary organs.
This Municipality¡¯s real estate registration agencies shall provide the
demolishers and relocators in time with the consultation of the materials
related to the mortgage and guarantee of the real estate of the enterprises and
institutions in the site of the Shanghai World Expo. The Shanghai Municipal
Finance Service Office shall give necessary coordination and support in time to
the handling of related obligatory right.
Article 6 (Compensation for the Demolition, Relocation and Resettlement of
the Sealed-up Real Estate)
The demolishers and relocators and the parties of the houses to be demolished
and relocated shall actively cooperate with the court and the related creditors
to go through the formalities of releasing the sealing up of the real estate
that has been sealed up by court in the limits of the red line of the World Expo
planning. Where the funds for the compensation for the demolition, relocation
and resettlement discharges other rights of land and houses in the form tender,
etc., priority shall be given to the expense for resettling the personnel.
Article 7 (Compensation for the Demolition, Relocation and Resettlement of
the Real Estate Whose Ownership Is in Dispute)
In time of demolishing and relocating the houses whose ownership is not
clear, the demolishers and relocators shall put forward the scheme for
compensation and resettlement, make record of survey for the houses to be
demolished and relocated, go through the formalities of tender of the
compensation money and preservation of evidences with the notary organ, and
perform demolition and relocation after submitting a report to the
district/county houses and land bureaus for examination and approval and
obtaining their approval therefor.
Article 8 (Compensation for the Demolition, Relocation and Resettlement of
Insolvent Enterprises)
The insolvent State-owned enterprises (the parties of the houses to be
demolished) shall be given priority to be incorporated into this Municipality¡¯s
enterprise bankruptcy plan to begin bankruptcy procedure and obtain compensation
for the demolition, relocation and resettlement according to law.
The demolishers and relocators shall sign a agreement of demolition and
relocation with the parties of the houses to be demolished and relocated and the
State-holder companies of the rest of the aforesaid enterprises that are not
incorporated into bankruptcy plan, the State-holder companies of the rest of the
aforesaid enterprises that are not incorporated into bankruptcy plan use the
funds for compensation for the demolition, relocation and resettlement in an
overall manner, close down, stop the business of, merge or transform the
enterprises in time, and are responsible for resettling employees and deal with
liabilities.
The relevant municipal competent administrative departments shall, according
to their respective functions and duties, provide policy support for the
resettlement of the employees, split-flow of employees and the dealing with
related debts of the aforesaid enterprises.
Article 9 (Supervision and Administration of the Funds for the Compensation
for the Demolition, Relocation and Resettlement)
The representatives of the State-owned funds providers of the enterprises
(the parties of the houses to be demolished) and the superior State-owned assets
administrative departments are responsible for supervising and administrating
the use of the funds for compensation for the demolition, relocation and
resettlement.
The Shanghai Municipal Houses, Land and Resources Administration and the
district/county houses and land departments shall strengthen the use of the
funds for the compensation for demolition, relocation and resettlement, and the
banks providing the certificate for the deposit of the funds for compensation
for the demolition, relocation and resettlement shall furnish assistance in
supervision.
Article 10 (Auditing and Inspection of the Funds for Compensation for the
Demolition, Relocation and Resettlement)
Special auditing and inspection shall be implemented for the funds for the
compensation for the demolition, relocation and resettlement. The parties
concerned in demolition and relocation shall, in accordance with the agreement
on demolition and relocation, draw up the fund-use plan, and strictly observe
the fund-use procedure. The related departments of supervision and
administration shall strengthen supervision and inspection to ensure the money
is used for the special purpose. The municipal and district auditing departments
shall, in accordance with related regulations, audit, supervise and inspect the
use of the funds for the compensation for demolition, relocation and
resettlement.
Article 11(Supplementary Provisions)
The use of the funds for the bases of the relocation and rebuilding of the
enterprises and institutions related to Shanghai World Expo shall be implemented
in the light of these¡°Provisions¡±.
These¡°Provisions¡±shall become effective on October 1, 2004. |