296 Measures of Shenzhen Municipality on the Management of the Demolition of Houses for Public Infrastructure Construction Projects[深圳市公共基础设施建设项目房屋拆迁管理办法(2007)]

Archived（May 28, 2018）

Decree of Shenzhen Municipal People’s Government 

No. 161 

     The Measures of Shenzhen Municipality on the Management of the Demolition of Houses for Public Infrastructure Construction Projects was adopted at the fifty-fourth executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented as of March 15, 2007. 

Xu Zongheng, Mayor 

 February 27, 2007 

Measures of Shenzhen Municipality on the Management of the  

Demolition of Houses for Public Infrastructure Construction  

Projects  

Chapter 1   General Provisions 

　　Article 1   In order to ensure smooth progress in public infrastructure construction and safeguard the legitimate rights and interests of the persons subject to demolition, these Measures are formulated according to the provisions of the relevant laws and regulations and in light of the actual conditions of the city. 

　　Article 2   These Measures are applicable to the demolition of houses, compensation, settlement and relevant management activities for public infrastructure construction projects in the administrative areas of the city. 

　　The public infrastructure construction projects referred to in these Measures include the projects of transportation, energy, environmental protection, water and key sports and cultural facilities listed in the near-term construction plan or annual plan on construction projects of the municipal and district people’s government (hereinafter the “municipal or district government”) according to the relevant provisions and procedures. 

　　Article 3   If houses are demolished for public infrastructure construction projects, the persons subject to demolition shall be compensated and settled; the persons subject to demolition shall complete the relocation within the relocation period. 

　　Article 4   The municipal administrative department of land and real estate (hereinafter the “municipal department in charge”) is the department in charge of the demolition of houses for public infrastructure construction projects in the whole city; the municipal land expropriation and relocation office (hereinafter the “municipal relocation office”) undertakes the specific work of the management of the demolition of houses for public infrastructure construction projects in the whole city. 

　　The municipal department in charge and the municipal relocation office shall not be the demolisher for public infrastructure construction projects and shall not be commissioned to demolish houses. 

　　Article 5   The relevant functional departments in charge of development and reform, planning, public security, municipal management, finance, prices, auditing, etc. shall perform their own functions and coordinate with each other to ensure smooth progress in the demolition of houses for public infrastructure construction projects. 

    The district governments shall make overall arrangements for the demolition of houses for public infrastructure construction projects within their administrative areas and assist the municipal department in charge and relevant departments in demolition management, compensation and settlement. 

　　The sub-district office near the location of the demolition project shall provide support, assistance and coordination and do the work related to demolition, compensation and settlement. 

　　Article 6   The demolisher for public infrastructure construction projects is usually the project construction unit. The municipal and district government may choose a project construction agency or approve to establish an institution of demolition affairs as the demolisher for a specific project (hereinafter collectively the “demolisher”). 

　　With the approval of the municipal and district government, the demolisher may commission the sub-district office near the location of the demolition project to handle the specific matters related to demolition, compensation and settlement. 

　　Article 7   All units and individuals are entitled to report on violations of the city’s plans and the examination and approval procedures for demolition, expansion of demolition scale or abuse of compulsive means, brutal demolition, and other acts. 

     After receiving the report, the municipal and district supervision department shall investigate and deal with the case in time according to the law. 

Chapter 2   Demolition Management 

　　Article 8   The municipal department in charge shall formulate the annual demolition plan for public infrastructure construction projects together with the relevant departments and district governments, include it in the annual demolition plan of the whole city, and implement the plan after obtaining the approval of the Municipal Government. 

　　Article 9   Where it is included in the annual demolition plan for public infrastructure construction projects, the demolisher may apply for pre-demolition examination to the municipal department in charge with the approval and ratification documents for public infrastructure construction projects, the opinion on the plan and site selection and the documents of the preliminary examination of land use, and the municipal department in charge shall give a written reply in time. 

　　Where the municipal department in charge agrees to conduct pre-demolition examination, the demolisher may inquire of the relevant units or individuals about the circumstances of the houses within the proposed demolition area including the property rights, use, lease, etc. 

　　Article 10   The demolisher shall formulate the plan on the demolition of houses for projects and the demolition, compensation and settlement plan. 

　　The municipal real estate evaluation center shall be commissioned to calculate the budget of demolition, compensation and settlement funds for public infrastructure construction projects funded by the government. If the budget involves land swap or arrangement, it shall be submitted to the Municipal Government for approval according to the provisions and procedures. 

　　Article 11   While applying for the house demolition permit, the demolisher for public infrastructure construction projects shall submit the following materials to the municipal department in charge: 

　　(1) The approval and ratification documents for construction projects; 

　　(2) The opinion on the land use plan and site selection for construction projects, including the land location, area, development intensity, etc.; 

　　(3) The documents of the preliminary examination of land for construction projects; 

　　(4) The plan on the demolition of houses for projects and the demolition, compensation and settlement plan, including basic project information, demolition area, means of compensation, relocation period, conditions of the houses subject to demolition, budget of compensation and settlement funds, property rights exchange plan, etc.; 

　　(5) The certificate of demolition, compensation and settlement funds. 

　　Where the matters of demolition application examined meet the conditions, the municipal department in charge shall issue the house demolition permit within 30 days after accepting the application. 

　　Article 12   Where the demolisher needs the relevant departments to strengthen the assistance while applying for the certificate of demolition, compensation and settlement funds or the house demolition permit, it shall apply to the relevant municipal and district leaders and institutions to solve the problem through coordination. 

　　Article 13   The municipal department in charge shall, within 5 working days after issuing the house demolition permit, publish a notice identifying the demolisher, demolition area, demolition period, etc. contained in the house demolition permit in Shenzhen Economic Daily or Shenzhen Special Zone Daily and post the notice at the website of the municipal department in charge. 

　　After obtaining the house demolition permit, the demolisher shall make public the house demolition permit, the demolition procedures, the demolition, compensation and settlement plan, the demolition, compensation and settlement standards, the name of the demolition unit, the list of demolition personnel, etc. on the demolition site and be supervised. 

　　The municipal department in charge, the municipal demolition office, the demolisher and the relevant units shall do the propaganda and explanation work for the persons subject to demolition and the relevant persons. 

　　Article 14   The demolisher shall carry out demolition according to the demolition area and demolition scope provided in the house demolition permit. 

　　If the demolition period needs to be extended, the demolisher shall submit to the municipal department in charge a written application for extending the demolition period and the relevant materials such as records of negotiations on demolition proving the need for extending the demolition period 15 days before the expiration of the approved demolition period. The municipal department in charge shall give a written reply within 10 working days after receiving the application for extending the demolition period. 

　　Article 15   From the day the demolition notice is published to the expiration date of the demolition period, no unit or individual shall carry out the following activities in the demolition area: 

　　(1) Building new houses, rebuilding houses and expanding houses; 

　　(2) Changing the uses of houses and land; 

　　(3) Signing new house lease contracts that expire after the expiration date of the demolition period. 

　　The municipal department in charge shall, within 5 working days after issuing the house demolition permit, notify the departments and units in charge of planning, construction, household registration, the registration of property rights, the management of rental houses, mortgage guarantees, etc. to suspend the relevant procedures for the acceptance, examination, approval, registration, etc. of the matters listed in the above item. 

　　Article 16   Where dismantling and removal operations need to be carried out on the houses, structures, other attachments etc. subject to demolition during the demolition of houses for public infrastructure construction projects, the operations shall be carried out by an enterprise commissioned by the municipal exchange and service center for construction projects according to the law with the certificate of blasting and dismantling qualifications issued by the administrative department of construction. 

　　The cadastral mapping institution established by the Municipal Government shall be commissioned to implement the survey and mapping work during the demolition of houses for public infrastructure construction projects. Where the laws and regulations have other provisions or the requirements of the circumstances are special, the demolisher may commission other mapping institutions with legal qualifications and high credibility to carry out the survey and mapping. 

　　The demolisher shall sign a commission contract with the enterprise or institution commissioned, and file the commission contract at the municipal demolition office within 15 days after signing the commission contract. The enterprise or institution commissioned shall not re-commission or assigned the affairs delegated. 

　　Article 17   The demolisher shall sign a demolition, compensation and settlement agreement with the person subject to demolition within the demolition period. The main contents of the demolition, compensation and settlement agreement include: 

　　(1) The demolisher and the person subject to demolition; 

　　(2) The basis of demolition and demolition area; 

　　(3) Materials (certificates) of property rights; 

　　(4) Means of compensation for demolition, the scope of compensation and the amount of compensation; 

　　(5) Relocation period and relocation expenses; 

　　(6) Where the means of property rights exchange is adopted, the place, location, floor, area, nature and time limit of property rights, wear and tear, decoration, indoor supporting facilities, property management free, residential area and surrounding supporting facilities of the house for property rights exchange shall be indicated; where transitional settlement is required, the place, area, transitional period, transitional expenses, etc. of the house for transitional settlement or the house for temporary habitation; 

　　(7) Liabilities for breach of agreement; 

　　(8) Ways to resolve disputes; 

　　(9) The date and place of signing the agreement and the effective date of the agreement; 

　　(10) The signatures and seals of parties concerned; 

　　(11) Other matters that need to be agreed on. 

　　The demolisher shall not require the person subject to demolition to relocate first and sign the demolition, compensation and settlement agreement afterwards. 

　　Article 18   The demolisher shall file the demolition, compensation and settlement agreement at the municipal demolition office within 30 days after signing the demolition, compensation and settlement agreement. 

　　The demolition, compensation and settlement funds for projects shall be provided according to the requirements of the demolition, compensation and settlement plan in time and be used for the compensation and settlement for house demolition only. The funds shall not be embezzled for other purposes. 

　　Article 19   Where a dispute arises from the performance of the demolition, compensation and settlement agreement after the demolition, compensation and settlement agreement is signed, the dispute may be submitted to arbitration or a lawsuit may be filed at a people’s court according to the ways to resolve disputes stipulated in the agreement. Where the demolisher has already provided the monetary compensation, the house for property rights exchange or the house for temporary habitation agreed on during the arbitration or lawsuit, the demolisher may apply to the people’s court to carry out enforcement first according to the law. 

　　Article 20   Where the parties related to the demolition fail to reach a demolition, compensation and settlement agreement and apply for administrative adjudication within the period of validity of the demolition permit, the municipal department in charge shall carry out mediation. If the mediation is not successful, an adjudication shall be made. 

　　The municipal department in charge shall not accept the application for administrative adjudication under any of the following circumstances: 

　　(1) It is proposed to make an administrative adjudication on the legitimacy of the demolition permit; 

　　(2) The applicant or respondent is not a party related to the demolition; 

　　(3) A contractual dispute arises after the parties related to the demolition reach a compensation and settlement agreement, or the parties concerned apply for adjudication again for the same reason after an administrative adjudication is made; 

　　(4) The house has been destroyed; 

　　(5) Other circumstances where the municipal department in charge considers that the application shall not be accepted according to the law. 

　　The municipal department in charge shall, within 5 working days after receiving the application materials, decide whether to accept the application or not in writing; where the application is not accepted, the reasons shall be given. 

　　Article 21   The municipal department in charge shall make an adjudication within 30 working days after deciding to accept the application. 

　　Where the parties related to the demolition apply for administrative adjudication when the proportion of the demolition, compensation and settlement agreements signed calculated according to both the number of the households subject to demolition and the building area of the houses subject to demolition is lower than 80%, the municipal department in change shall not make an adjudication until a hearing on the matters of application has been held. The time of the hearing shall be excluded from the period for making an adjudication provided in the above item. 

　　Article 22   The demolisher and the person subject to demolition shall sign for the adjudication served. Where the person subject to demolition is absent, an adult family member living with him shall sign for it on his behalf; where the person subject to demolition is a unit, its designated person or other staff shall sign for it. Where the adjudication is signed by a person on behalf of the person subject to demolition, the relationship between the signer and the person subject to demolition shall be indicated. Where the demolisher, the person subject to demolition or the designated person or the person who should sign for the adjudication on behalf of the person subject to demolition refuses to sign for it, the server may invite two uninterested witnesses to be present, leave the adjudication at the domicile or work institution, and indicate the reason for rejection and the date of service. After the server and witnesses sign their names, it is deemed that the adjudication has been served. 

　　If it is difficult to serve the adjudication directly, it may be served by publishing a notice in Shenzhen Economic Daily or Shenzhen Special Zone Daily and posting the notice at the website of the municipal department in charge. The expiration date of the notice shall be the date of service. 

　　Article 23   Where the parties related to the demolition have objections to the adjudication, they may apply for review or file a lawsuit at a people’s court. Where the demolisher has already provided the monetary compensation, the house for settlement or the house for temporary habitation for the persons subject to demolition according to these Measures, the enforcement of the adjudication on demolition shall not be stopped during the review or lawsuit. 

　　Article 24   Where the persons subject to demolition and the relevant persons fail to relocate within the relocation period provided in the administrative adjudication and the demolisher has already provided the monetary compensation, the house for property rights exchange or the house for temporary habitation stipulated in the administrative adjudication, the government of the district where the houses subject to demolition are located shall order the relevant departments to carry out compulsory enforcement or the municipal department in charge shall apply to a people’s court for compulsory enforcement according to the law. 

　　Before carrying out compulsory demolition, the demolisher shall preserve the evidence on the relevant matters of the houses subject to demolition according to the law. 

　　Article 25   After the demolition, compensation and settlement agreement is signed, the person subject to demolition shall submit the certificate of real estate rights of the house subject to demolition and a power of attorney for the cancellation of the certificate of real estate rights to the demolisher according to the provisions of the agreement; where there is no certificate of real estate rights, the corresponding certificate of property rights and a statement on the surrender of real estate rights shall be submitted. 

　　Article 26   While dismantling the houses, structures, other attachments, etc., the demolisher shall organize the operations and clear and transport the fragments and soil according to the law to ensure the safety of the dismantling project and operations and maintain the environment of the operations. 

　　Article 27   The municipal demolition office shall strengthen the supervision and examination of the implementation of house demolition and the demolition, compensation and settlement, and establish and improve the demolition file management system and the statistical data system. 

    The demolisher shall arrange the demolition materials in time, keep them properly and deliver them to the municipal demolition office within 30 days after the completion of the demolition. 

Chapter 3   Compensation for Demolition and Settlement 

　　Article 28   The means of compensation for the demolition of houses for public infrastructure construction projects include monetary compensation and property rights exchange. The means of monetary compensation is generally adopted. 

　　Monetary compensation shall be made for the demolition of houses for production and operation, non-residential houses and structures outside the houses, other attachments, etc. except as otherwise provided by these Measures. 

　　Where the house inhabited by the person subject to demolition is to be demolished, the person subject to demolition agrees to carry out property rights exchange and the conditions permit, property rights exchange may be carried out. 

　　Article 29   Where conditions allow for carrying out property rights exchange, the demolisher shall provide a house of the same type as the house subject to demolition with the same area and similar living conditions to carry out the exchange and settle the balance with the person subject to demolition according to the amount of monetary compensation for the house subject to demolition and the market evaluation price of the house for property rights exchange unless there are other provisions on the settlement of balance in these provisions. 

　　Where the property rights of the residential house subject to property rights exchange are not complete, the property rights of the house exchanged shall still be restricted correspondingly. The person subject to demolition may make up the prescribed balance to obtain complete property rights. 

　　Article 30   The amount of monetary compensation for the house subject to demolition shall be determined by the real estate market evaluation price according to its location, uses, building area, land use rights and other factors except as otherwise provided by these Measures. 

　　The amount of monetary compensation for structures outside the houses, other attachments, etc. shall be determined by the adjusted price evaluation with the exception of the provision of Article 44 of these Measures. 

　　Article 31   Where the certificate of real estate rights of the house subject to demolition has been issued, the uses shall be determined according to the certificate of real estate rights; where the certificate of real estate rights has not been issued, the uses shall be determined by the contract on the transfer of land use rights, the construction approval documents or other documents that can prove the uses. 

　　Article 32   Where the certificate of real estate rights of the house subject to demolition has been issued, the compensation area shall be determined according to the certificate of real estate rights; where there is no certificate of real estate rights or the certificate of real estate rights does not contain the building area and structures outside the houses, other attachments, etc., the compensation area shall be determined according to the data in the mapping report by the mapping unit approved by the municipal department in charge. 

　　Where the building area in the certificate of real estate rights is different from the mapping data, the issue shall be dealt with according to the opinions of the relevant departments in charge on the handling of the issue. 

　　Article 33   Where the following residential houses are subject to demolition, the amount of monetary compensation shall be the higher of its real estate market evaluation price and the average trading price of commercial residential houses in the same area (hereinafter the “average trading price of commercial houses”): 

　　(1) Commercial residences with complete property rights; 

　　(2) Settlement houses or other residences with incomplete property rights and the relevant certificates of real estate rights; 

　　(3) Other residences that shall be compensated for as commercial residences with full property rights provided by the Municipal Government. 

　　The average trading prices of the areas in the municipal shall be released by the municipal demolition office on a quarterly basis. 

　　Article 34   Where a residence that requires group settlement is subject to demolition, a new residence may be built at another place for settlement according to the requirements of the city’s plans and the decisions of the Municipal Government. 

　　Where existing public infrastructure facilities or public welfare houses are subject to demolition, the approval of the relevant departments in charge shall be obtained before the demolition and they shall be rebuilt according to the provisions of the relevant laws and regulations and the requirements of the city’s plans; where it is not possible or necessary to rebuild them at the original place, the demolisher shall rebuild them at another place according to the original nature and scale or provide monetary compensation according to the adjusted price evaluation. 

　　Article 35   Where illegal private houses and houses for production and operation within the scope of the handling of the issues of the countryside left over from history are subject to demolition, compensation shall be made for those that meet the handling conditions in Some Provisions of Shenzhen Special Economic Zone on the Handling of Illegal Private Houses Left over from History, Some Provisions of Shenzhen Special Economic Zone on the Handling of Illegal Buildings for Production and Operation Left over from History and other provisions of the Municipal Government or have been handled with the property rights confirmed according to the following provisions: 

　　(1) For residences that meet the construction standards of the original non-commercial residences of villagers and the population qualification standards, property rights exchange shall be carried out or monetary compensation based on the average trading price of commercial houses shall be provided in accordance with the principle of “demolition area is equal to the compensation area” for the part of the building area of the house subject to demolition not exceeding 480 square meters; monetary compensation shall be provided according to the market evaluation price for the part exceeding 480 square meters; 

　　(2) Monetary compensation shall be provided according to the market evaluation price for the residences and houses for production and operation not covered by the provisions of the above item, except property rights exchange is carried out according to other provisions of these Measures and the Municipal Government. 

　　Article 36   Where the houses for industrial uses built by former collective economic organizations of the countryside within the quota of non-agricultural land for construction are subject to demolition, land shall be allocated for those that are in accordance with the industrial orientation of the municipal according to the provisions of “developing industries in the countryside” after the approval of the Municipal Government is obtained, and monetary compensation for the houses, structures, other attachments, etc. shall be provided according to the adjusted price evaluation; where the houses for commercial purposes within the quota of non-agricultural land for construction are subject to demolition, monetary compensation shall be provided or property rights exchange shall be carried out for these houses and residences in the form of uniform construction and settlement according to the approved uniform construction plan. 

　　Where the houses on transferred state-owned land are subject to demolition, land may be allocated for those that are evaluated by the municipal department of industries as encouraged development projects according to the provisions of “developing industries in the countryside”, and monetary compensation for the houses, structures, other attachments, etc. shall be provided according to the adjusted price evaluation. 

　　Article 37   Where the persons subject to demolition belong to the persons who have special difficulties in life, the building area of the residential house subject to demolition per household is less than 45 square meters (if they have other residential houses in the city, the numbers shall be added) and the means of property rights exchange is chosen, the demolisher shall provide complete residential houses as houses for property rights exchange according to the following standards: the building area shall be no less than 45 square meters for a family of less than 2 persons and no less than 60 square meters for a family of more than 3 persons. The balance shall not be settled for the part within the prescribed area and shall be settled according to the construction costs for the part exceeding the prescribed area; where the means of monetary compensation is chosen, compensation shall be provided according to the average trading price of commercial houses of the prescribed area. 

　　The persons who have special difficulties in life referred to in the above item are the permanent residents in the municipal who enjoy the minimum living security; the building area of the residential house subject to demolition per household is determined according to the household register certificate and real estate certificate or other legal house property certificates of the person subject to demolition when the house demolition permit is issued. 

　　Article 38   Where undue temporary buildings approved are subject to demolition, only monetary compensation shall be provided. The amount of compensation shall be determined after evaluation according to the nature of use and the remaining period of use provided in the temporary land use contract or the planning and approval documents for temporary construction projects as well as actual conditions such as the land development costs spent by the land user, profit, etc. However, where there are provisions on the means of handling the issues in the temporary land use contract, the issues shall be handled according to the provisions. 

　　Article 39   Where mortgaged houses (including projects being built) are subject to demolition, the provisions of the laws and regulations of the state on guarantees shall be performed. The person subject to demolition and mortgagee shall sign the relevant agreements on the reestablishment of the mortgage right or the payment of debts and cancel the mortgage. 

　　Article 40   After the demolition notice is published, the construction of the projects being built within the demolition area must be stopped. The demolisher shall handle the procedures of evidence preservation at notary organs for the project being built. The scope of compensation for the project being built shall be subject to the scope of evidence preservation. 

　　Article 41   Where houses with unclear property rights are subject to demolition, the demolisher shall put forward a compensation and settlement plan. After the examination and approval of the municipal demolition office, the demolisher shall handle the procedures of evidence preservation for the houses subject to demolition and draw the compensation for demolition according to the law before dismantling the houses. 

　　Article 42   Where houses for operation with residential property rights and legally-obtained business licenses are subject to demolition, appropriate compensation may be provided for the persons subject to demolition according to actual conditions such as operation, operation period and tax payment apart from the compensation according to the original uses. 

　　Article 43   Where the houses of overseas Chinese are subject to demolition, the demolition shall be carried out according to the Regulations of Guangdong Province on the Demolition of the Houses of Overseas Chinese in Cities; where the ancestral home of an overseas Chinese or a compatriot of Hong Kong, Macao or Taiwan and his house subject to demolition are both within the scope of former collective economic organizations of the countryside, the demolition may be handled according to the provisions of Article 35 of these provisions. 

　　Article 44   The expenses of self-decoration of the interior of the house subject to demolition shall be compensated for according to the adjusted price determined according to the evaluation. 

　　Article 45   The demolisher shall pay relocation subsidies to the persons subject to demolition or the relevant persons. 

　　Relocation subsidies shall not be provided for the persons subject to compulsory demolition carried out according to the law or the relevant persons. 

　　Article 46   Where monetary compensation is implemented and the persons subject to demolition and the relevant persons look for houses for settlement by themselves, the demolisher shall pay temporary settlement subsidies. 

　　Where property rights exchange is implemented and the persons subject to demolition and the relevant persons look for residences themselves in the transitional period, the demolisher shall pay temporary settlement subsidies; where the demolisher provides houses for temporary habitation, temporary settlement subsidies shall not be paid. 

　　Article 47   The demolisher shall not extend the transitional period agreed on without authorization, and the user of the house for temporary habitation shall vacate the house for temporary habitation within the time limit agreed on. 

　　Where the transitional period is extended because of the demolisher, temporary settlement subsidies for the persons subject to demolition who look for residences themselves shall be increased on the day of extension; those who use the houses for temporary habitation provided by the demolisher are entitled to use the houses for temporary habitation during the extended transitional period. 

　　Those who fail to vacate the houses for temporary habitation within the time limit agreed on shall pay overdue rent according to the market rent of the same type of houses in the same area. 

　　Article 48   Where the demolition of houses for production and operation causes suspension of production and business or the demolition of construction rails and temporary occupation of land causes direct economic losses to the production and operation activities outside the demolition area, the demolisher shall provide appropriate compensation. 

　　Article 49   Where the houses, structures, other attachments, etc. of franchise projects such as mines, quarries, gas stations, docks, etc. are subject to demolition, monetary compensation not higher than the market evaluation price shall be provided, except as otherwise provided by the Municipal Government. 

　　The evaluation objects of the market evaluation price in the above item include compensation for the houses, structures, other attachments, etc. in the demolition area, compensation for self-decoration of the interior, relocation subsidies, temporary settlement subsidies and compensation for suspension of production and business, excluding mining right, franchise, mineral resources and land use right. Where the operation right is obtained by means of government auction, the compensation shall also include the expenses paid to bid for the operation right and the period of use in the permit shall be amortized on a monthly basis. 

　　Where franchise projects are subject to demolition, the procedures of evidence preservation shall be carried out according to the provisions on projects being built in these Measures subject to the scope of the objects of evidence preservation. 

　　Article 50   Where the persons subject to demolition relocate themselves before the relocation period expires, the demolisher for public infrastructure construction projects funded by the government may give them a reward of no more than 3% of the amount of compensation in the demolition, compensation and settlement agreement it has signed. 

　　Article 51   Compensation shall not be provided for the following houses: 

　　(1) Temporary buildings whose approved period of use has expired; 

　　(2) Illegal buildings that shall be dismantled or confiscated according to the law; 

　　(3) The parts newly built, expanded and rebuilt after the demolition notice is published; 

     (4) The houses that shall not be compensated for as specified in other laws, regulations and rules. 

Chapter 4   Demolition Evaluation and Appraisal 

　　Article 52   Where the expenses of house demolition, compensation and settlement for public infrastructure construction projects are borne by the government, the municipal real estate evaluation center shall carry out the house demolition evaluation. The demolisher may commission other evaluation institutions with legal qualifications and high credibility to carry out the evaluation to meet the special requirements of the circumstances such as special evaluation qualifications after obtaining the approval of the municipal and district government. 

　　Where the expenses of house demolition, compensation and settlement for public infrastructure construction projects are borne by non-governmental investors, the demolisher may commission the municipal real estate evaluation center or evaluation institutions with legal qualifications and high credibility to carry out the evaluation. 

　　The demolisher shall file the commission contract at the municipal demolition office within 15 days after signing the commission contract. The municipal demolition office shall establish good faith files of demolition evaluation institutions; the evaluation institutions that seriously renege on their promises shall not be engaged in the business of house demolition evaluation for public infrastructure construction projects. 

　　Article 53   House demolition evaluation for public infrastructure construction projects includes the houses subject to demolition, structures, other attachments, relocation subsidies, temporary settlement subsidies, compensation for suspension of production and business caused by the demolition of houses for production and operation, compensation for self-decoration of the interior of the house subject to demolition, etc. 

　　Article 54   The demolition evaluation institution shall show the results of preliminary evaluation to the persons subject to demolition for no less than 7 days, give explanations on the spot and listen to their opinions. 

　　After the public exposure period expires, the demolition evaluation institution shall provide the overall evaluation report and the household evaluation report for the parties related to the demolition. The household evaluation report shall be served to the persons subject to demolition within 10 days after the expiration of the public exposure period. 

　　Article 55   If the parties related to the demolition have objections to the results of the evaluation, they shall solve the problem through negotiations; if they fail to reach an agreement through negotiations, the parties concerned that put forward objections may apply to the original demolition evaluation institution for review. 

　　If the results of the review are different from the results of the original evaluation, the parties related to the demolition shall solve the problem through negotiations; if they fail to reach an agreement through negotiations, the parties related to the demolition that put forward objections may apply for technical appraisal. 

　　Article 56   The municipal department in charge or the self-regulatory organization of the real estate evaluation sector authorized by it shall establish the municipal committee of real estate evaluation experts (hereinafter the “expert committee”) consisting of senior full-time certified real estate evaluators and experts in real estate, municipal planning and legal counseling for the government to provide technical guidance on demolition evaluation and accept applications for technical appraisal of demolition evaluation. 

　　After an application for technical appraisal of demolition evaluation is accepted, the expert committee shall appoint more than 3 members (the number of members shall be an odd one) to form an appraisal team and deal with the matters of the technical appraisal of demolition evaluation. 

　　Article 57   The appraisal team shall put forward written appraisal opinions on the technical evaluation issues of the evaluation report for which an application for appraisal has been made, such as the basis of evaluation, technical line, methods chosen, parameters selected, means to determine the evaluation results, etc. 

　　Where the appraisal opinions hold that the evaluation report does not have technical problems, the expert committee shall issue a conclusion of technical appraisal maintaining the evaluation report; where the appraisal opinions hold that the evaluation report has technical problems, the expert committee shall order the evaluation institution to correct the errors and issue a new evaluation report. Where the new evaluation report is free from the errors, the expert committee shall issue a conclusion of technical appraisal. 

 The expert committee’s conclusion of technical appraisal is final and binding on the parties related to the demolition. 

Chapter 5   Legal Liabilities 

　　Article 58   If the municipal department in charge, the municipal demolition office, the demolisher for public infrastructure construction projects and other relevant departments commit one of the following acts in violation of these Measures, the directly responsible persons in charge and other directly responsible persons shall be given administrative punishments according to the law; if they are suspected of committing crimes, they shall be handed over to the judicial authorities and be dealt with according to the law: 

　　(1) Failing to perform the supervision and management duties or failing to investigate and deal with the acts in violation of the regulations on demolition management; 

　　(2) Handling the matters that should not be handled after the demolition area is determined in violation of the provisions; 

　　(3) The municipal department in charge and the municipal demolition office are commissioned to demolish houses or carry out the demolition as the demolisher; 

　　(4) Commissioning units or institutions without the corresponding qualifications to handle the affairs related to the demolition; 

　　(5) Failing to accept the application on house demolition disputes according to the provisions and make an adjudication according to the law; 

　　(6) Organizing and implementing compulsory demolition of houses in violation of the provisions; 

　　(7) Embezzling the demolition, compensation and settlement funds without authorization in violation of the provisions or failing to supervise the funds effectively; 

　　(8) Failing to complete the work and tasks included in the annual demolition plan on time without justifiable reasons and affecting the overall progress in the public infrastructure construction projects; 

　　(9) Other acts such as dereliction of duty, abuse of official capacity and favoritism causing serious consequences. 

　　Article 59   Where the demolition evaluation institution and the evaluation personnel issue a false evaluation report during the house demolition evaluation in violation of the relevant provisions, standards and norms of house demolition evaluation, collude with a party related to the demolition to harm the other party’s legitimate rights and interests or obtain demolition evaluation services through unfair means such as kickback, the municipal department in charge shall mete out punishments according to the relevant provisions of the state; where they are suspected of committing crimes, they shall be handed over to the judicial authorities and be dealt with according to the law; where losses have been caused to the parties related to the demolition, they shall bear the liability for compensation according to the law. 

Article 60   Those who abuse and assault the demolition personnel or disrupt the orders of the demolition of houses for public infrastructure construction projects, obstructing the normal course of demolition and harming public interests, shall be given administrative punishments by the public security organs according to the law; if they are suspected of committing crimes, they shall be handed over to the judicial authorities and be dealt with according to the law. 

Chapter 6   Supplementary Provisions 

　　Article 61   Where the demolition of houses for public infrastructure construction projects involves military installations, churches, Buddhist and Taoist temples, cultural relics and historic sites, the demolition shall be carried out according to the provisions of the relevant laws and regulations. 

　　Article 62   The municipal department in charge shall formulate specific provisions on the payment and supervision of the demolition, compensation and settlement funds for public infrastructure construction projects, evaluation management, administrative adjudications, demolition rewards, etc. along with the municipal departments in charge of development and reform, finance, auditing, etc. according to these Measures. 

　　Article 63   The appendix to these Measures The Standards of Compensation for the Demolition of Houses for Public Infrastructure Construction Projects of Shenzhen and these Measures are promulgated and implemented at the same time. The municipal department in charge may adjust them according to the changes in the laws, regulations and policies and the provisions of these Measures in light of the actual market conditions and implement the adjustment after obtaining the approval of the Municipal Government. 

　　Article 64   The means, scope and standards of compensation for the demolition of houses for non-public infrastructure construction projects may be determined according to these Measures.