青岛市市内五区棚户区房屋拆迁安置补偿办法
山东省青岛市人民政府
青岛市市内五区棚户区房屋拆迁安置补偿办法
市政府
第一条 为加快棚户区改造,进一步改善市民居住条件和城市面貌,根据《青岛市城市房屋拆迁管理规定》(以下简称《规定》),结合棚户区的实际情况,制定本办法。
第二条 本办法所称棚户区是指在市南、市北、台东、四方、沧口等五区(以下简称市内五区)内的、符合下列条件之一并经市人民政府确定的居住区域:
(一)一九五三年底前在国有土地上建造和基本形成的居住区(片)、区(片)内房屋破旧简陋且大部分为平房;
(二)居住区(片)内房屋密集,居民居住拥挤,人均住房建筑面积低于十平方米;
(三)居住区(片)内市政公用设施不全,房屋内基本无上、下水,防汛抗灾能力差。
第三条 棚户区拆迁安置、补偿实行“拆一还一、有偿安置”的原则,“拆一还一”是指对被拆迁使用人的房屋按原使用面积予以安置;“有偿安置”是指安置的房屋超出原使用面积的部分,被拆迁使用人应缴纳超面积安置费。
违法建筑及临时建筑,不作为原房屋面积计算。
第四条 棚户区房屋拆迁安置补偿工作实行“两公开、一监督”,即:公开安置办法,公开安置方案,接受群众和有关部门的监督。房屋安置工作实行“闭卡分房、公开安置”的办法,做到公开、公平、公正。
第五条 棚户区内现有人口分为应安置人口和非安置人口。应安置人口是指符合被拆迁使用人条件、在拆迁地实际居住且在本市市区(含崂山区、黄岛区,下同)内无其他住房的,以及按《规定》第二十八条规定应列入的拆迁安置人口;非安置人口是指不具备应安置人口条件的其他人
口。
棚户区的应安置人口、非安置人口及住房情况的有关数据以确定的抄录核实户口日期时的情况一次性确认,张榜公布,接受群众监督。
第六条 棚户区的拆迁安置采取分步签订协议的办法,即在搬迁时确定安置住宅房屋的套型或安置非住宅房屋的建筑面积;工程开工半年内确定安置房屋的单元、层数、户号。
第七条 自本办法发布之日起,在确定的棚户区范围内,公安部门停止办理居民分户手续,对按规定确需迁入户口的,须经市公安部门批准;房管部门停止办理分立房间承租名义手续和改变房屋使用性质手续,停止办理换房手续和房屋买卖、赠与等房屋所有权或使用权转移、变更手续
;工商部门停止办理营业登记和变更登记手续。
第八条 对应安置的被拆迁使用人按下列原则安置房屋:
(一)应安置一套住房的,予以就地安置;
(二)应安置两套或两套以上住房的,原则上就地安置一套,其余易地安置;
(三)对原承租一处公房或使用一处私房而户籍分立两户或两户以上的,原则上按一户安置。
第九条 对被拆迁人使用人就地安置或在区位相当地段易地安置的,按原使用面积(公房以房屋承租单为准,私房以房屋所有权证、租赁证明为准)安置。
对于住房确实困难的,可按以下标准安置:三人户以下(含三人户)的,按人均使用面积不低于十平方米且人均居住面积不低于六平方米安置;四人户以上(含四人户)的,按人均使用面积不低于八点五平方米且人均居住面积不低于五点五平方米安置。按本款规定安置的房屋使用面积
,超出原使用面积的部分,须缴纳超面积安置费。
从区位好的地段迁入区位差的地段易地安置的,可酌情增加安置住房面积,但人均增加的面积最多不超过市区上年度人均住房水平的百分之二十五。按本款规定标准增加的安置住房面积,免缴超面积安置费,超过此标准增加的住房面积须缴纳超面积安置费。
第十条 鼓励被拆迁使用人以建筑造价或房改方案规定的标准价购买安置房屋的产权。购房价款,可在房改方案已规定的按工龄优惠和一次性付款优惠的基础上再给予棚户区购房的特殊优惠,即:
(一)按工龄优惠。根据购房职工的工龄每满一年,按售房价的0. 5%折扣,但折扣幅度最高不超过20%;
(二)一次性付款优惠。一次付清房款的,按售房价的14%折扣;
(三)棚户区的购房优惠。按售房价的20%折扣。
个体工商户购买非居住房屋应以商品房价格购买。
被拆迁使用人按标准价购买的,按优惠办法计算的标准价和建筑造价购房款的差额部分(以下简称产权差额投资),由购房职工所在单位交纳。
第十一条 被拆迁使用购买安置房屋产权, 按建筑造价优惠购买的, 享有安全产权;按标准价优惠购买的,享有50%的产权,其余份额的产权与投资单位按比例分配。
拥有完全产权的住房,产权人享有占有、使用、收益和处分的权利。拥有部分产权的住房,可以使用、继承,但不能赠与;购房款付清并住用5年以后,可以出售或出租,原产权单位有优先购买权和承租权;售房收入扣除有关税费后所得收益,按个人、单位的产权比例分配。
第十二条 非安置人口,按下列原则处理:
(一)户口在拆迁地,但在本市市区内另有住房居住的,不予安置;
(二)在拆迁地居住,但无常住户口的,不予安置;
(三)户口在拆迁地,而在异地居住,经所在单位证明确无住房的,可由职工所在单位或个人缴纳安置房屋投资费,给予安置住房。
第十三条 超面积安置费单价以市区上年度相应区域的建筑造价,按单位使用面积换算核定。缴纳超面积安置费的房屋,被拆迁使用人只有使用权,应按规定缴纳房租。
安置房屋投资费按市区上年度相应区域的建筑综合造价确定,房屋产权归投资者所有。
第十四条 超面积安置费、产权差额投资费及安置房屋投资费的缴纳;
(一)被拆迁使用人家庭成员同在一个工作单位的,由所在单位承担;
(二)家庭成员分属不同单位的,由各有关单位按比例分担;
(三)无工作单位、无正常收入来源的由拆迁人承担;
(四)个体工商业户由个人承担。
第十五条 超面积安置费、安置房屋投资费及购房价款,在拆迁人与被拆迁人签订初步协议后,由拆迁人书面通知有关单位或个人,在拆迁当事人双方签订房屋定位安置协议前向拆迁人缴讫。有关单位无正当理由逾期不缴纳的,由拆迁人申请人民法院强制执行。
第十六条 单位为职工缴纳超面积安置费和安置房屋投资费确有困难的,可向市住房资金管理中心申请贷款。
被拆迁使用人出资购买安置房屋产权,可以按照房改的有关规定,申请使用本人及直系亲属缴存的住房公积金,也可以向银行申请抵押贷款。
第十七条 单位或个人不缴纳住房超面积安置费和安置房屋投资费的,对被拆迁使用人只按原使用面积安置,不给予超面积安置。
第十八条 拆除自住私有房屋,被拆迁所有人对安置房屋保留产权的,用安置房屋同被拆除房屋实行产权调换。安置房屋与被拆除房屋建筑面积相等的部分,其价款两相找差(安置房屋按房改方案确定的建筑标准价计算价款,被拆除房屋经评估确定价款);超出原建筑面积部分,按照
个人购买完全产权的优惠办法计算价款。
第十九条 拆除出租的私有房屋,房屋所有人要求保留产权的,用安置房屋同被拆除房屋实行产权调换。安置房屋与被拆除房屋建筑面积相等的部分,其价款两相找差(安置房屋按建筑标准价计算价款,被拆除房屋经评估确定价款);超出原建筑面积的部分,按商品房价格结算价款。
对被拆迁使用人按本规定第八条、第九条规定的标准予以安置。
拆除法院判决迁让的房屋,房屋所有人保留产权的,按前款规定办理。
第二十条 拆除非住宅房屋按原建筑面积安置。
被拆迁使用人要求增加面积的,须经拆迁人同意,可增加的建筑面积按商品房价格缴费。按商品房价格缴费增加的面积,必须具备单独使用条件,其房屋产权归缴款人所有,否则不予增加面积。
拆迁私有非住宅房屋所有人要求保留产权的,用安置房屋同被拆除房屋实行产权调换。安置房屋与被拆除房屋建筑面积相等的部分,其价款两相找差(安置房屋按非住宅工程建筑标准价计算价款,被拆除房屋经评估确定价款);超出原建筑面积部分,按商品房价格结算。
住宅与非住宅兼用的房屋只按一种用途安置。
第二十一条 建筑造价、建筑综合造价、建筑标准价由市房管部门按有关规定核算测定,报市政府批准后公布。
第二十二条 棚户区的房屋拆迁工作,应由取得《房屋拆迁资格证书》的单位实施。未取得《房屋拆迁资格证书》的拆迁人,应委托各区动迁安置办公室实施拆迁。
第二十三条 青岛市房屋拆迁管理办公室应加强对棚户区房屋拆迁的管理。对房屋拆迁安置补偿中发生的纠纷,应及时调解、裁决。裁决规定的搬家期限不超过五天。对在裁决规定的搬家期限内拒绝搬迁的,应依法申请人民法院强制搬迁;对被拆迁移人不服裁决而向人民法院起诉,但
拆迁人已给被拆迁人作了安置或提供了周转用房的,可依法申请人民法院依法先予强制执行。
第二十四条 市有关部门和区人民政府及拆迁工作人员应廉洁奉公,依法办事。对在棚户区改造中弄虚作假,营私舞弊,违法违纪的,由有关部门按照有关规定予以处理。
第二十五条 本规定未尽事宜,按《规定》和《青岛市人民政府关于贯彻执行〈规定〉的通知》办理。
第二十六条 本规定具体执行中的问题,由青岛市房产管理局负责解释。
第二十七条 本规定自发布之日起施行。
1993年11月13日
CONSUMER COUNCIL ORDINANCE ——附加英文版
Hong Kong
CONSUMER COUNCIL ORDINANCE
(CHAPTER 216)
CONTENTS
ion
I PRELIMINARY
hort title
nterpretation
II INCORPORATION AND POWERS
ncorporation of Consumer Council
unctions of Council
owers of Council
embership of Council
eetings of Council
ommittees
isclosure of member's interest
Appointment of staff and advisers
Documents of Council
III FINANCIAL
Resources of Council
Borrowing powers
Investment of funds
Estimates
Accounts, audit and annual report
IV GENERAL
Council not servant or agent of Crown
Governor may give directions
Protection of members of Council and committees
Prohibition of exploitation of the Council's name for
advertisement
oses
Transitional provisions
dule
Whole document
ncorporate the Consumer Council, to define its functions and
powers,
egative personal liability of members and employees for the
Council's
ts committees' acts or omissions, and for connected purposes.
July 1977] L. N. 167 of 1977
PART I PRELIMINARY
hort title
Ordinance may be cited as the Consumer Council Ordinance.
nterpretation
his Ordinance, unless the context otherwise requires--
ncil" means the Consumer Council incorporated by section 3 (1);
ancial year" means each period of 12 months ending with 31 March;
ber" means a member of the Council.
PART II INCORPORATION AND POWERS
ncorporation of Consumer Council
The Consumer Council existing at the commencement of this
Ordinance is
by created a body corporate consisting of the persons who from
time to
hold office as members of the Council.
The Council shall have perpetual succession and a common
seal and
l be capable of suing and being sued and of doing and suffering
all
other acts and things as bodies corporate may lawfully do and
suffer.
The Council shall continue to be known in the Chinese language
as.
unctions of Council
The functions of the Council are to protect and promote the
interests
onsumers of goods and services and purchasers, mortgagors and
lessees
mmovable property by--
collecting, receiving and disseminating
rmation concerning goods, services and immovable property;
receiving and examining complaints by and giving advice to
consumers
oods and services and purchasers, mortgagors and lessees of
immovable
erty;
taking such action as it thinks justified by information
in its
ession, including tendering advice to the Government or to any
public
cer;
encouraging business and professional associations to
blish codes of practice to regulate the activities of their
members;
undertaking such other functions as the Council may adopt
with the
r approval of the Governor in Council.
The Governor may be notice in writing to the Council
declare any
s, services or immovable property or class of goods,
services or
vable property to be outside the scope of the Council's
functions
r subsection (1).
In subsection (1) and in section 5 (2) (c) "goods and services"
does
include goods and services which are--
supplied by--
the Government, the Urban Council or the Regional Council; or
(Amended
f 1985 s. 60)
a body mentioned in the Schedule; or
made the subject of a declaration under subsection (2).
The Governor in Council may, by order published in the Gazette,
amend
Schedule. (Amended 5 of 1992 s. 2)
owers of Council
The Council may do such things as are reasonably necessary to
enable
o carry out its functions.
Without restricting the generality of subsection (1), the Council
may
arrying out its functions--
acquire, hold and dispose of all kinds of property
movable and
vable and in any manner which it thinks fit;
enter into any contract;
undertake the testing and examination of goods and
services and
ection of immovable property; (Amended 5 of 1992s. 3)
produce or distribute, by way of sale or otherwise, any
publication
h is of interest to consumers;
do any thing which it may do under this ordinance in
association or
peration with any other person or sponsor any other person to do
that
g;
charge for the use of any facility or service provided by the
Council;
with the prior approval of the Governor, become a member
of or
liate to any international body concerned with consumer matters.
embership of Council
The Council shall consist of the following members--
a Chairman who shall be appointed by the Governor for a
term not
eding 2 years;
a Vice-Chairman who shall be appointed by the Governor for a term
not
eding 2 years; and (Replaced 28 of 1985 s. 2)
not more than 20 other persons each of whom shall be appointed
by the
rnor for a term not exceeding 2 years. (Replaced 28 of 1989 s.
2)
The Chairman, Vice-Chairman and any other member
appointed under
ection (1) (c) may be reappointed upon expiry of their
respective
s of office. (Amended 28 of 1985 s. 2)
The Chairman, Vice-Chairman and any other member
appointed under
ection (1) (c) may at any time-- (Amended 28 of 1985 s. 2)
resign his office by notice to the Governor; or
be removed therefrom by the Governor for permanent incapacity or
other
icient cause, and upon such resignation or removal the term for
which
as appointed shall be deemed to have expired.
Where the Chairman, Vice-Chairman or any other member appointed
under
ection (1) (c) is precluded by temporary incapacity or other
cause
exercising his functions as such for any period the
Governor may
int another person to act in place of the Chairman Vice-
Chairman or
r member during such period with all such rights, powers,
duties or
ilities as if he had been appointed under subsection (1). (Amended
28
985s. 2)
(Replaced 28 of 1985s. 2)
Where any question arises under subsection (3) or (4) as to
whether
incapacity or cause exists or whether any incapacity is
temporary or
anent or any cause sufficient, the decision of the Governor
thereon
l be final.
eetings of Council
Meetings of the Council shall be held at such times and places
as the
cil, the Chairman or in his absence, the Vice-Chairman may from
time
ime appoint.
The following procedural provisions shall apply to
y meeting of the Council and subject thereto the Council may
regulate
own procedure--
at meetings of the Council 11 members shall form a quorum;
(Replaced
f 1989 s. 3. Amended 5 of 1992 s. 4)
the Chairman or in his absence, the Vice-Chairman shall preside
or, if
are absent or disqualified under section 9 (c), the members
present
l appoint one of their number to preside;
every question shall be determined by a majority of votes
of the
ers present and voting thereon;
in the event of an equality of votes the member presiding shall
have a
ing vote in addition to his ordinary vote.
nded 28 of 1985 s. 3)
ommittees
The Council may appoint committees and may delegate to
them the
cise and performance of any of its powers and functions except
this
r of delegation.
Persons who are not members of the Council are
ible for appointment to committees.
Subject to the terms of any delegation by the
Council, every
ittee--
may exercise and perform the delegated powers and functions
the same effect as if it were the Council itself;
shall be presumed to be acting in accordance with the terms of
the
gation in the absence of proof to the contrary;
may regulate its own procedure.
isclosure of member's interest
member of the Council, or of any committee of the Council,
has a
ct or indirect commercial interest in any matter under discussion
at a
ing of the Council or of the committee, being an interest greater
than
which he has as a member of the general public, the
following
isions shall apply--
he shall disclose the nature of his interest at the meeting;
the disclosure shall be recorded in the minutes;
where the disclosure is made by the member presiding, he shall
vacate
chair during the discussion;
the member (including one who has vacated the chair under
paragraph
shall, if so required by the member presiding, withdraw
from the
ing during the discussion and shall not in any case,
except as
rwise determined by the member presiding, vote on any
resolution
erning the matter or be counted for the purpose of establishing
the
tence of a quorum.
Appointment of staff and advisers
Subject to subsection (4), the Council shall appoint a person to
hold
office of Chief Executive. (Amended 28 of 1985 s. 4)
The Council may appoint such other employees as it thinks
fit and
ect to subsection (4), determine all matters relating
to their
neratior and terms and conditions of appointment or employment.
The Council may engage the services of technical and
professional
sers in such manner and on such terms and conditions as it thinks
fit.
The Council shall obtain the prior approval of the Governor to--
any appointment proposed to be made under subsection (1) and the
terms
conditions thereof;
the suspension or dismissal of the Chief Executive;
the salary or salary scale (including allowances and other
pecuniary
fits) and conditions of employment applicable to the Chief
Executive
every other employee or class employee, and any variation
thereof.
nded 28 of 1985 s. 4)
No person shall be employed by the Council otherwise than on the
salar
alary scale or on the conditions of employment applicable to that
pers
oved by the Governor under subsection (4).
Documents of Council
The Council may make and execute all such documents as may
expedient
or conducive to the exercise and performance of its power
functions
duties.
The fixing of the seal of the Council to any document
l--
be authorized by resolution of the Council; and
be authenticated by the signatures of any 2 members
authorize by
lution of the Council, either generally or specially, to ao for
that
ose.
Any document purporting to be duly executed under the seal
of the
cil shall, unless the contrary is proved, be considered to be
duly
uted.
Any contract or instrument which if entered into or executed
by a
on not being a body corporate would not be required to be in the
form
deed may be entered into or executed on behalf of the Council by
any
on generally or specially authorized by the Council for that
purpose.
PART III FINANCIAL
Resources of Council
The Governor may, out of money appropriated for the purpose
by the
slative Council, authorize payment to the Consumer Council
of such
nts as he thinks fit.
The resources of the Council shall consist
all money received by the Council pursuant to subsection (1);
money paid to the Council by way of donations, fees,
subscriptions,
and interest;
all other money and property, including accumulations of
income,
ived by the Council for its purposes.
Borrowing powers
Council may, with the approval of the Financial Secretary,
borrow or
rwise raise money and charge all or any part of its
property as
rity therefor.
Investment of funds
money of the Council that is not immediately required
shall be
sted--
on fixed deposit in any bank or savings bank approved by the
ncial Secretary, either generally or in any particular case, for
the
ose; or
in such other forms of investment as the Financial
Secretary may
ove.
Estimates
Council shall in each financial year adopt estimates of
income and
nditure for the ensuing financial year and, before a date
to be
inted by the Financial Secretary, send them to the Governor for
his
oval together with a programme of its proposed activities
for the
ing financial year.
Accounts, audit and annual report
The Council shall keep proper accounts and proper records in
relation
eto and shall within 3 months after the expiry of a financial year,
or
further period as the Financial Secretary may allow,
prepare a
ement of the accounts of the Council, which statement shall
include an
me and expenditure account and a balance sheet.
The Council
l, subject to subsection (3), appoint an auditor, who
shall be
tled to have access at any time to all books of account, vouchers
and
r financial records of the Council and to require such information
and
anations relating thereto as he thinks fit.
The Council shall obtain the prior approval of the Financial
Secretary
ny appointment proposed to be made under subsection (2).
The auditor shall, as soon as is practicable, audit the
accounts
ired by subsection (1) and shall submit a report thereon
to the
cil.
The Council shall within 3 months after the receipt by it
of the
tor's report in respect of its accounts for a financial
year, or
in such further period as the Financial Secretary may allow,
furnish--
a report on the affairs of the Council for that year;
a copy of its accounts therefor; and
the auditor's report on the accounts, to the Governor who shall
cause
same to be tabled in the Legislative Council.
PART IV GENERAL
Council not servant or agent of Crown
Council is not a servant or agent of the Crown and does not enjoy
any
us, immunity or privilege of the Crown.
Governor may give directions
The Governor may, if he considers that the public
interest so
ires, give to the Council such directions as he thinks
fit with
ect to the exercise and performance by the Council of its
powers,
tions and duties under this Ordinance, either generally or
in any
icular case.
The Council shall comply with any direction given to
it under
ection (1).
Protection of members of Council and committees
No member or employee of the Council or of any committee
of the
cil shall be personally liable for any act done or default made--
by the Council; or
by any committee of the Council, acting in good faith in the course
of
operations of the Council or of the committee.
The protection hereby conferred on members and employees
of the
cil or of a committee in respect of any act or default shall not
in
way affect any liability of the Council for that act or default.
Prohibition of exploitation of the Council's name for
advertisement
oses
No person shall, with a view to promoting or disparaging any
s, services or immovable property or promoting the image
of any
on, publish or cause to be published any advertisement which
either
essly or by implication makes reference to--
the Council;
any committee, member, agent or employee of the Council;
the Council's publication or finding of tests or surveys
conducted by
n behalf of the Council; or
any other information published by the Council, without
written
ent of the Council.
Any person who contravenes subsection (1) commits an offence
and is
le to a fine of $ 100,000.
For the purpose of subsection (1) "advertisement" may be
constituted
ny words, whether written or spoken, or any picture, drawing,
visual
e, figure or article--
appearing in any publication; or
brought to the notice of the public or any section of the public
in
other way. (Replaced 5 of 1992 s. 5)
Transitional provisions
All property of whatever kind and whether movable or immovable
vested
r belonging to the Consumer Council existing at the
commencement of
Ordinance shall as from that date vest in or belong to that
Council
ts corporate capacity without any further assurance.
All obligations and liabilities of the said Consumer Council
are as
the commencement of this Ordinance the obligations and
liabilities of
Council in its corporate capacity.
Where anything has been commenced by or under the authority
of the
Consumer Council before the commencement of this Ordinance such
thing
be carried on any completed by the Council in its corporate
capacity.
Every person who immediately before the commencement of this
Ordinance
s an appointment as Chairman, Executive Director or a member of
the
Consumer Council is, as from such commencement but subject to
the
s of his appointment, the Chairman, Executive Director, or a
member of
Council, as the case may be, for the purposes of this Ordinance.
Notwithstanding the definition of "financial year" in section
2 the
od between the commencement of this Ordinance and 31 March 1978
shall
eemed to be a financial year.
No stamp duty shall be payable in respect of any transfer of
property
r this section.
SCHEDULE
Television Limited
a Light and Power Company, Limited
a Motor Bus Company, Limited
Cross-Harbour Tunnel Company, Limited
Marketing Organization
Kong Air Cargo Terminals Limited
Hong Kong and Yaumati Ferry Company Limited
不分页显示 总共2页 1 [2]
下一页