（Promulgated on April 10, 2002 by the Shanghai Municipal Peoples Government）
HuFuFa[2002]NO.13

　　Article 1 In order to normalize the activity of compensating and resettling of houses and fixtures demolished and relocated on requisitioned peasantscollectively-owned land, these Provisions are formulated in accordance with the"Procedures of Shanghai Municipality on Implementing theLaw of the Peoples Republic of China on Land Administration"and the"Rules of Shanghai Municipality on Implementing the Administration of Urban Houses Demolished and Relocated".

　　Article 2 Compensation and resettlement of houses demolished and relocated on requisitioned land is a component of the compensation and resettlement work for requisitioned land. The standard of compensation and resettlement of houses demolished and relocated on requisitioned land shall be incorporated in the plan of compensation and resettlement of requisitioned land, and be made public. The expenditure for compensation and resettlement of houses demolished and relocated on requisitioned land shall be included in the administration of compensation and resettlement on requisitioned land.

　　Article 3 After the scheme of compensation and resettlement for requisitioned land is approved by the district/county peoples government, the building unit shall be responsible for compensation and resettlement of the houses demolished and relocated.The specific work of compensation and resettlement of houses demolished and relocated shall be carried out by the unit, entrusted by the building unit, which has obtained the qualification certificate of house demolition and relocation issued by the Municipal Administration of Housing and Land Resources （hereinafter referred to as MAHLR）.

　　Article 4 In case of house demolition and relocation on land requisitioned, the owner of a house in the scope of land requisition （hereinafter referred to as the relocatee） shall be resettled with compensation as stipulated. The relocatee shall complete his removal in the removal time limit.The number of household is calculated according to the relocateeslegal and valid real estate title deed, rural house site usage certificate or house building approval document and the compensation and resettlement for demolition and relocation is carried out by household.

　　Article 5 The use and ground space of the house demolished and relocated shall take the statement in the real estate title deed, rural house site usage certificate, or house building approval document as the standard.If at the time when a land requisition notice is published, the relocatee has obtained the house building approval document and completed the new house, compensation shall be paid for the new house and not for the old house that should be but has not been demolished. If at the time when a land requisition notice is published, the relocatee has obtained the house building approval document but has not completed the new house, the relocatee shall stop building the house immediately and the specific amount of compensation may be decided on through consultation by the parties concerned in the demolition and relocation.Appropriate compensation may be given for demolition of the temporary building whose authorized time limit has not expired.No compensation shall be given to unauthorized constructions, temporary buildings whose authorized time limit has expired and the part of house and its fixtures newly built, rebuilt or extended arbitrarily after a land requisition notice is published.

　　Article 6 If, in the demolition and relocation of residential houses on requisitioned land, the village or villagersgroup whose land is requisitioned is organically cancelled, the relocatee may choose either monetary compensation or exchange of housing with property rights valued at the monetary compensation sum.The formula for calculating monetary compensation amount provided in the preceding clause is: （the unit price of rebuilding the demolished house and resettlement combined with depreciation of the demolished house + the base price of land-use right of ground space of each square meter of newly-built multi-stories commodity house in the same area + price subsidy） x the ground space of the demolished house.The unit price under this Article refers to the price of ground space of each square meter.The building unit shall entrust the real estate appraisal organization with house demolition evaluation qualification authorized by the MAHLR to make appraisal of the unit price of rebuilding of the demolished house and resettlement combined with depreciation of the demolished house provided in this Article. The base price of land-use right of ground space of each square meter of newly built multi-stories commodity house in the same area and the price subsidy standard shall be formulated and published by the district/county peoples government in the locality where the house is demolished.

　　Article 7 If, in demolition and relocation of residential houses on requisitioned land, the organic village or the villagersgroup whose land is requisitioned is not cancelled, the provisions set below shall be followed in giving compensation to the relocatee whose household registration has not been turned to urban household registration:（1） In an area where there are conditions for the relocatee to change a place to build houses, the relocatee may apply for land for home site to build his new house in the scope of central village or residential quarter determined in the overall planning of the township （town） land utilization, and shall get corresponding monetary compensation;（2） In the area where there are no conditions for the relocatee to change a place to build his house, Article 6 of these Provisions shall be carried out, and the relocatee shall not apply for land for home site to build his new house.The formula for calculating monetary compensation amount provided in Clause 1 Item 1 of this Article is: （the unit price of the rebuilding of the demolished house and resettlement combined with depreciation of the demolished house + price subsidy） x the ground space of the demolished house. The building unit shall pay the village or the villagersgroup with land requisitioned expenditures the relocatee needs for the use of land for new home site. The examination and approval procedure for the relocatee to apply for land for the home site to build new house shall follow the relevant provisions of the State and this Municipality concerning rural housing construction.

　　Article 8 In residential house demolition, the relocatee shall be also compensated with home removal allowances, equipment removal fees, makeshift settlement subsidies in transition period, and the makeshift settlement subsidies shall be increased from the overdue date of transition period.

　　Article 9 Monetary compensation is practiced for demolition of non-residential houses.In respect to the demolition of non-residential houses owned by enterprises jointly run by a rural collective economic organization and other units or individual persons in the forms of land-use rights converted into shares, pooling and others, the formula for calculating monetary compensation sum for the relocatee is: the price of rebuilding the demolished house and resettlement + corresponding land-use right acquisition fees.The building unit shall entrust the real estate appraisal institution with housing demolition evaluation qualification authorized by the MAHLR to make appraisal of the price of rebuilding the demolished house and resettlement and corresponding land-use right acquisition fees provided in Clause 2 of this Article.

　　Article 10 In respect to the demolition of non-residential houses, the relocatee shall be also compensated with the following expenditures:（1） Equipment removal and installation expenditures calculated at the cargo transport price and equipment installation price set by the State and this Municipality;（2） The expenditure of equipment that is unable to have its use restored calculated at the re-purchase price combined with depreciation;（3） Appropriate compensation for production and business suspension due to demolition and relocation.

　　Article 11 The compensation for demolished sheds and shack attached to the residential house, the non-residential house other than those provided in Article 9 Clause 2 of these Provisions and other ground structures shall follow the property compensation standard of this Municipality concerning land requisition for national construction.

　　Article 12 The norm of evaluation technique for houses demolished and relocated on requisitioned land shall be formulated by the MAHLR.

　　Article 13 Rural agricultural population resettlement subsidies, young crop compensation, and land compensation for land requisition shall follow relevant stipulations of the State and this Municipality.

　　Article 14 The implementing procedure of the compensation and resettlement of houses demolished and relocated on requisitioned land shall follow relevant stipulations in"Rules of Shanghai Municipality on Implementing the Administration of Urban House Demolition and Relocation".

　　Article 15 These Provisions are also applicable to the project that went through land requisition formalities before the implementation of these Provisions but has not carried out the demolition and relocation of houses.

　　Article 16 The MAHLR shall be responsible for the interpretation of specific matters in the application of these Provisions.

　　Article 17 These Provisions shall become effective on the date of promulgation.

　　April 10, 2002