(Effective Date:1994.08.23–Ineffective Date:)
Article 1 The present Interim Provisions are formulated, in accordance with the relevant laws and regulations, for the purposes of adjusting Article 2 The replacement of the state-owned houses mentioned in the present Provisions means the act that the Municipal People’s Government The Waitan Area mentioned in the present Provisions refers to the area from Suzhou Road (S) in the north to Jinlin Road (E) (including Article 3 The houses that shall be replaced according to the present Provisions refer to the State-owned houses, (including both non- residential Article 4 Shanghai Municipal People’s Government shall hold the House- Replacement Joint Conference of the Waitan Area (hereinafter referred The Joint Conference shall have its House-Replacement office. The House- Replacement Office is responsible for the administration The competent governmental departments of planning, land, housing, city construction, public utility, post and tele-communication, Article 5 The duties of the House-Replacement Office are: 1. To work out the plan of the re-arrangement of the estate, the house- replacement plan and the detailed measures of the replacement 2. To supervise and urge the units whose houses shall be replaced and the Waitan House-Replacement Company to carry out the plans 3. To participate in the joint examination of the construction project in the Waitan Area; 4. To coordinate in the necessary construction of public facilities of the city construction because of the house-replacement and 5. To deal with other problems concerning the house-replacement authorized by the Joint Conference. Article 6 The duties of the Waitan House-Replacement company are: 1. To advance a specific scheme for the house replacement, report it to the Joint Conference, and carry it out after the approval 2. To advance a plan for constructing houses for the relocation and a plan for the necessary construction of public facilities, report 3. To be responsible for the cost accounting and fund circulation of the house replacement; 4. To be responsible for the specific resettlement after the house replacement; 5. Mandated by the Municipal State-owned Assets Administration Committee, to take over the property right of the vacated houses, and 6. To deal with other relevant matters mandated by the House-Replacement Office. Article 7 The original tenant of the State-owned houses within the limits of the house-replacement program and plan (including the units and In the replacement of the State-owned houses, the original tenant shall be properly resettled according to the present Provisions. Article 8 The House-Replacement Office Shall inform the original tenant of the State-owned non-residential houses within the limits of the 1. To change the original use of the house; 2. To open joint business by using the house as the condition; 3. To set up new organization or let other organization move in; 4. To extend new construction area; 5. To decorate or repair the house; 6. To perform other activities not allowed according to the relevant provisions. The House-Replacement Office shall, according to the Specific Regulations for the Implementation of House Demolishing and Relocation Article 9 In respect of the State-owned house to be replaced the House- Replacement Office shall inform the original tenant of the State-owned Within two months from the following day after receiving the notice, the Waitan House-Replacement Company shall, according to the If the Waitan House-Replacement Company provides the house for the original tenant, the original tenant shall move out and vacate If the original tenant is resettled in other ways, the time limit of moving out and vacating the original house shall be defined in Article 10 The resettlement of the original tenant of the State-owned non-residential house may adopt the following ways: 1. The Waitan House-Replacement Company provides the original tenant with house in some other place, and sign a new lease. 2. The original tenant itself resettles in some other place; 3. The Waitan House-Replacement Company provides a construction site, and the original tenant builds houses to settle down; 4. The Waitan House-Replacement Company provides the original tenant with State-owned residential house in exchange for the original The original tenant of the State-owned residential house shall be resettled with ready-made house once for all. To arrange the resettlement for the house replacement, the Waitan House- Replacement company shall sign a resettling agreement with Article 11 In the replacement of the State-owned houses, the original tenant shall be properly resettled on the premises that the original construction The resettlement house area for resettling the original tenant of the State-owned non-residential house shall be expanded by 10% on The resettlement house area for the original tenant of the State-owned residential house shall, on the basis of the standard stipulated The resettlement house area shall be calculated on the basis of the area registered in the leasing contract or in the renting certificate Article 12 If the original tenant of the State-owned non-residential house finds house to resettle itself, the Waitan House-Replacement Company The original tenant of the State-owned non-residential house itself finds house for temporary settlement, the Waitan House-Replacement Article 13 The award and resettlement allowance for the replacement of the State-owned residential houses shall be offered according to the Article 14 Any one of the following situations or parties shall not be considered to be in the range of the resettlement of Waitan house replacement: 1. The one who has no direct leasing relationship with the housing management department; 2. The area within the illegal structures and shelters; 3. The tenant of the sublessor; 4. The unit or individual who runs a joint business with the original tenant. Article 15 If the original tenant does not move out or vacate the house after the deadline, the rent of the house shall be collected in accordance In the Waitan Area, if the original tenant keeps using the house in its original way, the rent shall be raised accordingly. The rent Article 16 Before the house replacement, if the original tenant, with the approval of the housing management department, has signed a joint Article 17 After the replacement, the Waitan House Replacement Company shall, according to the defined character of use, transfer or rent out Article 18 The House-Replacement Office shall be responsible for the interpretation of the present Interim Provisions. Article 19 These Interim Provisions shall become effective on the date
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