Yue Cheng Law Firm carries out wage system, office0hour system, specialization, serve by the whole firm, fee scale known to the public, which has achieved corporate management.
管理委员会 Management Committee
党支部 Party Branch
工会 Trade Union
主任 Director
业务部门 Functional Department
管理机构 Management Body
法律顾问研究中心
Legal consultancy Research Center
On July 16, 2011, the opening ceremony of the first legal advisory seminar and the legal advisory research center of Yue Cheng law firm was held grandly. More than 600 people of all sectors of the community participated in the ceremony. Wang Weiguo, Fang Wei, Wang Yong, Yan Jiangang, Xie Weidong, Guo Xiaoyu, Ge Yanhua, and other well-known legal experts, scholars, entrepreneur made a speech.
On June 22, 2013, the second session of the legal adviser Seminar of Yue Cheng law firm and lawyers and enterprise development was held grandly. More than 400 people of all sectors of the community participated in the session. Wang Yong, Sun Xuanzhong, Long Yifei, Xie Weidong, Lu Cairong, Wang Jingzhong and other well-known legal experts, scholars, entrepreneurs made a speech.
Yue Cheng Law Firm Legal Advisory Research Center consisted of well-known experts, scholars, entrepreneurs and senior lawyers of Yue Cheng law firm, theoretical research work is mainly responsible for legal consultancy services; at the same time as a research institution of Yue Cheng law firm takes the responsibility of research of legal advisory service, in accordance with the principle of integrating theory with practice, to better guide the practice of legal advisory service.
External experts: Sun Xuanzhong, Wang Weiguo, Long Yifei and Xie Weidong
Internal Members: Yue Cheng,Yue Yunsheng, Zhu Baiyan, Zhang Xiaobin, Yang Baoquan, Yang Can, Yue Shen Shan, Song Jing, Yao Hongyu, Liu Shuo, Xiao Rui.
业务指导委员会
Business steering committee
顾问事务部
Consultant affairs department
Consultant affairs department is eastablished after the reform of our Law Firm, the purpose of which is to strengthen the contact between each consultant unit, to provide legal services on a unified organization, coordination, dispatch, supervision and management for the consultant units, and to ensure the high quality service for consultant units. Meanwhile, the department regularly organizes senior lawyers to provide legal knowledge training for the consultant units for being satisfactory to the consultant units.
The department is responsible for the liaison and communication with the consultant units, Receiving, dispatching and supervising the legal affairs of the consultant units, tracking and supervising the litigation cases of the consultant units, managing the records of legal service affairs of the consultant units, and organizing the legal business training of the consultants units.
财务部
Finance Department
Financial responsibilities
1.Strictly abiding by the corporate accounting system and the financial provisions of the Law Firm. Truly, accurately and duly reflecting the contents of the economic activities of the Law Firm, in accordance with the accounting standards during reflecting process to ensure the quality of accounting basis information.
2.According to the provisions of the Tax Law of the PRC, duly and accurately filing tax returns, duly making payment of various taxes, properly and correctly keeping and using invoices, duly studying the national tax laws and regulations, legally paying taxes, and asserting the legitimate interests of taxpayers of the employees and the Law Firm.
3.Duly settling the books every month for matching truth, reconciling accounts and statements, preparing monthly and annual financial statements according to the book, reporting of financial statements according to the requirements of the Beijing Municipal Bureau of Justice and the Beijing Bureau of Statistics.
4.Properly keeping and using cash, bills and financial seal chapter, duly filing, binding and properly keeping accounting documents, books and other accounting information and documents.
5.Duly and accurately keeping all kinds of ledger at any time.
6.Strengthening the professional ethics education and professional knowledge training, enhancing the sense of responsibility and legal concepts, and improving professional standards and operational capacity.
7.Duly and correctly accomplishing the other job demanded by the leaders.
理论宣传部
Theory Propaganda Department
The Theory Propaganda Department of Yue Cheng law firm is an independent department from the various functional departments, based on strengthening the team building of lawyers, promoting the brand and culture of the Law Firm, carrying out the work of department in a variety of forms, realizing common progress and improvement of the whole firm. Its responsibilities include:
1.To study the latest trend of domestic and international legislation, justice and policy, to discuss current legal and social hot spots; to publish academic research, working experience, legal guide and other information; to establish an internal legal database.
2.To organize monthly ‘internal culture exchange’; to establish the community of lawyers, open department bulletin, legal life, practice communication, today issue, mind cultivation, director mailbox and etc.
3. To arrange the whole year training plan of lawyers; to appoint a professional lawyerto be responsible for weekly lectures, which shall be reviewed by a specified and review team consisted of various department directors; to urge the lawyer to strengthen the professional study, and to guide the various functional departments to carry out various forms of internal training on a regular basis.
4. Basing on the requirements of various consultant units and universal legal issues, and combining with the new national regulations issued, to plan the lectures for consultant units; to maintain a good cooperative relationship with universities, to set up scholarship and lectures at universities and colleges, and internship base at the Law Firm and etc.
5.To be responsible for all kinds of publicity work, including the release of the internal news, the external reports and the press release; to undertake maintenance and management of the website of the Law Firm.
6. To edit the semi-annual newsletter of ‘Yue Cheng Lawyer’ which is an important part of the publicity, where outside may get to know the Law Firm; to edit and publish bimonthly issues of ‘Special Issue of Legal Counsel’ for special reading the current legal and social hot information for the consultant units.
人力资源与行政部
Human resources & Administration Department
Responsibilities of Department
As the Logistics Management department, the Administration Department is the bridge and tie between the client and the lawyers, with a strong collaboration. For better play the role of the Department as an important core, the Department set up a one person post of director and a two persons post of assistant.
I. Basic Work of the Department of Administration
1. Administrative day-to-day work
(1) Hosting visit
a. Arranging and registering the related lawyers and paralegals to consult with the client, and making return visit after consultation.
b. Giving receptions to the guests of the director of the Law Firm and registering.
c. Giving receptions to the guests of the lawyers and registering, and making return visit after consultation.
(2) Registration of Receiving Case
a. Reviewing the conflict of interest according to the contents of received cases.
b. Confirming with the director of the Law Firm, on telephone, for whether receiving the cases.
c. Registering the basic situation of the cases and issuing case number.
d. Sealing contracts and the Law Firm letters seal and registering, photocopyingreceiving case approval to the back of registration form of engaging lawyer, and filing above documents including the contracts.
(3) Preparing and hosting of the Friday meeting.
(4) Arranging weekend duty personnel, issuing key, receipt, duty registration form.
(5) Checking the financial account of the day.
(6) Dealing with complaints, and forming a preliminary situation reflect through the understanding of the situation and communication with lawyers.
(7) Establishing and managing personnel archives.
(8) Registering and replying consulting letters.
(9) Handling daily office telephone, fax and email, and recording and replying relevant contents.
(10) Handling all the telephone, fax and letters relating to the director of the Law Firm, and summarizing, reporting and replying the relevant contents.
(11) Coordinating with the property management department.
(12) Regularly return visiting the client having entrusted relationship with the Law Firm.
(13) Periodically calling back to verify personnel information on the list.
(14) Verifying the information of returning journals.
(15) Safekeeping important documents and keys.
(16) Archiving the reports relating to the Law Firm and the director of the Firm.
(17) Logging in the website of the Law Firm for checking the online answers of various professional departments, and duly urging the department to accomplish the unfinished work.
2. Administrative Phased Work
(1) Approving overtime working and promotion form by the end of every month.
(2) Reviewing payroll.
(3) Producing insurance monthly report and insurance bank documents details.
(4) Accomplishing annual inspection of lawyers.
(5) Issuing semi-annual newsletter (including typesetting, printing, tailoring, bagging, pasting, mailing, and etc.).
(6) Issuing consultant unit special newsletters, soliciting comment letters.
(7) Issuing greeting cards once a year.
(8) Sending greeting and moving and other related SMS.
(9) Counting workload, case source and other related information.
(10) Reviewing monthly cost (Courier fees, office supplies, and etc.)
3. Work Relating to Justice Bureau
(1) Daily logging in Beijing Judicial Administration website, Beijing Judicial Bureau website and Capital Lawyer website for inquiring notice.
(2) Processing the application of internship lawyers and practicing lawyer (including written material preparation and network material submission).
(3) Applying, receiving and issuing lawyer's training card.
(4) Regularly receiving study material.
(5) Purchasing format instrument.
(6) Transferring lawyer qualification and practicing archives.
(7) Handling lawyers transferring formalities.
(8) Making payment of the registration fee beyond registration period.
4. Beijing Talent Work
(1) Issuing personnel archives transfer letter.
(2) Handling collective archives matters.
(3) Handling staff downsizing (including written form fill and offer).
(4) Recruiting staff.
5. Temporary Work
(1) Reception work.
(2) Invoicing and charging fees.
(3) Advertising on planar media.
(4) Contacting the finalization, typesetting and printing of the introduction of the Law Firm.
6. Seal Management
(1) Sealing contract and law firm letter according to the procedure of receiving case.
(2) Sealing attorney's letter and legal opinion.
(3) General legal instruments, such as situation reporting, project plan and etc.
(4) Issuing external notices, such as training notices.
(5) Other instruments, such as the appraisal of interns and etc.
7. Reimbursement Management
(1) Auditing and signing administrative daily reimbursement.
(2)Auditing and signing transportation fees arising from serving the consultant units.
(3) Signing transportation fee reimbursement for lawyers and related personnel.
II. Division of Work
1.Director
(1)Arranging all internal work, internal and external communication and coordination.
(2) Arranging reception and supervising the finance
(3) Managing seal
(4) Managing reimbursement.
(5) Registering receiving cases.
(6) Checking daily financial account.
(7) Producing insurance monthly report and insurance bank documents details, reviewing salary scale.
(8) Carrying out monthly random inspection of case files and return visiting of client.
(9) Dealing with complaints for refund and reply duly .
(10) Accomplishing annual inspection of lawyers.
2. Assistant (internal matter)
(1) Daily filing and managing business cards.
(2) Handling daily office telephone, fax and email, and recording and replying relevant contents.
(3) Establishing and managing personnel archives.
(4) Registering and replying consulting letters.
(5) Periodically calling back to verify personnel information on the list.
(6) Verifying the information of returning journals.
(7) Safekeeping important documents and keys.
3. Assistant (external matter)
(1) Work relating to Justice Bureau
(2) Beijing personnel Archives and insurance matters
(3) Organizing producing and mailing of all publications and letters of the Law Firm.
(4) Daily logging in Beijing Judicial Bureau website, Capital Lawyer website and the Law Firm website for recording.
Because of the complicated and multitudinous work, every member of the Department is required to master the relevant working procedures, and have the ability to accomplish their work independently, and to be trained by regular interchange post.
After the position is stable, personal responsibility system is carried out. The daily work must be balanced to accomplish on the basis of concentration.
The post is not immutable. According to the actual characteristics of each member,
The post shall be adjusted for playing strength to work better.
In case of temporary adjustment, working daily record and memorandum shall be established to satisfy the new job and progress quickly.
文化传媒部
Culture and Media Department
The legal profession of cultural media is one of the characteristics of the legal service of the Law Firm. Most of our consultant units are news media and culture units, including China International Television Corporation, China Network Television（www.cntv.com)， CTV Film and Television Production co., LTD, Chinese Ballad Singers Association, Chinese Calligrapher's Association, Beijing Calligrapher's Association, Reference New , Farmers' Daily, Bosom Friend, Outlook, Chinese Elite, Beijing Morning Post, Today's China , 7 Day 7 Channel of Beijing television and the other medias with extensive influence and great awareness over China or Beijing area .
The attorneys of the Law Firm have rich experience of non-litigation, arbitration and litigation in the news, newspapers, periodicals, book industry, film and television& audio and video industry, electronic publications, radio, television, advertising media, the Internet, social public welfare, entertainment, sports, cultural industry and other fields, within the legal scope to reach client best benefit, risk prevention and resolving disputes, so as to fully safeguard the rights and interests of client.
Rapid development is one of the features of Cultural media industry. Therefore, as a lawyer of legal service, only tracing the fast change of the industry, we may cope with all sorts of chaos complex legal disputes, and provide client with the most efficient and effective legal service. With the development of digital technology and Internet industry, the department, keeping pace with the times, grasps the characteristics of this emerging industry and new legal issues, and conducts in-depth legal analysis and summary for providing client with the most efficient and effective legal service.
The Department will provide perfect legal service for client with the spirit of professionalism and keeping pace with the times.
The Department provides the following services:
1.Relevant laws, regulations and policy consultation and solution in the field of cultural media.
2.Legal risk management and other legal service of establishment and operation of the relevant enterprises and institutions in the cultural and media industries.
3.The whole legal advisory service of major projects in the cultural and media fields, including mergers and acquisition, restructuring, investment and financing of cultural, play of film and television, copyright trading, commissioned creation and etc.
4.Drafting and reviewing various contracts and agreements in the cultural and media field.
5.Legal service for litigations and arbitrations of Copyright, trademark, image rights, right of name, reputation, privacy and personal information and other related rights in the cultural and media field.
知识产权部
Intellectual Property Department
The Intellectual Property Department of Yue Cheng law firm has been growing with the development of the law firm, consisting of professional lawyers with many years of experience in litigation and non-litigation. The lawyers of the department have rich knowledge and experience of undertaking intellectual property legal affairs relating to comprehensive business scope, including patent, Copyright, trademark, computer software, domain name, unfair competition, business secrets, etc., especially in the arbitration and litigation of patent, trademark, copyright, transferring and licensing of rights, and patent and trademark objection and other fields with distinguishing feature. We also undertake a number of influential domestic and international intellectual property cases, striving best legitimate rights and interests of client. Meanwhile, we provide professional legal services, including intellectual property risk assessment and false intellectual property investment avoiding, for those enterprises who take intellectual property rights as the intangible assets.
Over the years, the lawyers of the Department have provided professional legal advisory service for many large enterprises and the media. Such as China International Television Corporation, CCTV International Network co., LTD., Beijing branch and Shandong branch of SINOPEC, China Foreign Language Publishing And Distribution Bureau, China Education Television, China Net, the people's literature magazine, Chinese elite magazine, Beijing Morning Post, Beijing Science And Technology News, Civilization magazine and Special attention, City, Seven days of seven channels, Transparency, Life face to face, Traffic light Of Beijing television , Chinese Calligrapher's Association, Working Committee of Director of the TV Series etc. Our professional services are highly appreciated by our consultant units.
All lawyers of the Department will, with a more professional legal service team, dedication and perseverance, provide you with the following services:
Contract drafting, professional consulting and agency services for intellectual property rights transfer, pledge, registration;
Intangible assets assessment of enterprise intellectual property rights, intellectual property legal risk prevention of IPO;
Legal services of intellectual property litigations include assessment report, registration certificate and the judicial identification evidence.
劳动人事部
Labor and Personnel Department
The Labor and Personnel Department of Beijing Yue Cheng Law Firm is a professional team engaging in legal services of labor and personnel matters, serving more than 500 consultant units and the social, consisting of four senior lawyers and two paralegals.
The lawyers of the Department are perennial labor legal advisers of Sinopec, CCTV.com, Peking University Founder, Guangming Daily Press, LETV networks, Jones lang lasalle, European Business Development Investment Management Center, China Radio International, CNP and other industries and many enterprises, deeply involving in labor contract drafting, reviewing, establishment of rules and regulations and reviewing of legitimacy, establishment and perfection of confidentiality and non-compete system, enterprise risk prevention of employment training, etc.. Hundreds of labor and personnel litigation and arbitration cases have already been solved by the Department.
民事业务部
Civil Department
Civil Department is one of the core functional departments of Beijing YueCheng Law Firm, which consists of a number of professional lawyers with rich practical experience, knowledge of civil law. The Department has represented many well-known hard cases such as contract dispute of State Administration of Cultural Heritage salvaging the zhiyuan ship, reputation lawsuit of famous crosstalk performance artist Jiang kun, contract dispute of Hisense v. Billie Electric Appliance co., LTD. etc. In the process of handling cases, we use legal weapons to safeguard the legitimate rights and interests of parties, achieving good social benefits.
Meanwhile, the Department provides many large and medium-sized enterprises and institutions and government agencies with legal service in a long term. Within the cooperation, the professional and timely service has won the trust and praise of consultant units.
Relying on intellectual resources and social resources of the Law Firm, and according to the requirements of the development of civil law, the department constantly offers creative high standard of professional service for you, with good faith, diligence, high efficiency, excellent professional idea, to safeguard best legitimate rights and interests of you, and contribute to promote the process of China's legal system.
刑事业务部
Criminal Department
Many cases handled by the Criminal Department are well-known in China. The criminal defense team consists of the first national top ten lawyers, the winner of "criminal defense outstanding contribution award" of Beijing municipal bureau, the criminal defense expert Yue Cheng, lawyers graduated from famous colleges with criminal law master degree and lawyers with decades of experience in procuratorial organs prosecution, which is a well-known criminal defense team. The team has successfully handled many complicated cases including the well-known cases in China.
The main business of the Department is criminal defense, criminal prosecution agent, collateral civil agent, criminal legal judgment and evasion. Meanwhile, the department has achieved a better result safeguarding the legitimate rights and interests of defendants, such as: Guangdong Tian Jian group wider, embezzlement case handled by Yue Cheng as chief defender, corruption and bribery case of head of the national tax bureau of Weishan county, burglary case of Mr. Zhan, bribe case of a journalist of international business newspaper.
医疗损害赔偿部
Medical Injury Compensation Department
Yue Cheng Law Firm has a professional team of lawyers and rich practicing experience in the field of medical disputes, handling many medical cases, with good reputation.
We provide the following legal services in this field:
Participating in arbitration, mediation, litigation and other dispute resolution procedures, assisting client to handle all kinds of disputes in medical field, including but not limited to, the medical accident injury compensation dispute between doctors and patients, general medical injury compensation disputes, disputes between medical enterprises and consumers, drug verification disputes, biological products verification disputes, effective execution of arbitral awards and other legal documents at the courts at all levels.
公司业务部
Corporate Department
Corporate Department is one of the core departments of the Law Firm. The business of the Department covers business area such as daily business, private equity and venture capital, mergers& acquisitions and etc.
Business area
Corporate daily affairs: share ownership structure design, establishment, registration change, corporate governance, corporate mergers, separation, acquisition and reorganization, liquidation and dissolution, equity dispute solution, perennial legal adviser.
Private equity and venture capital: establish fund and financing, evaluation of investment opportunities and the careful investigation of the enterprise, design and negotiation of investment structure, operation and management after financing, investment exit (strategic sale, refinancing, listed), etc.
Mergers& Acquisitions: design and optimization of transaction structures, legal due diligence, the drafting of transaction documents such as equity transfer agreements and asset transfer agreements.
资本市场、金融与保险部
Capital Market, Finance and Insurance Department
Capital Market Finance and Insurance Department is one of the core functional departments of Yue Cheng Law Firm. The business area of the Department includessecurities and capital market, finance and banking and insurance and other fields.
Business area
Securities and Capital Market: design of corporate restructuring program, legal due diligence, assistance in the formulation of shareholder sponsor agreements, company charter and other relevant legal documents, establishment and improvement of corporate governance structure and legal advice.
Finance and banking: the issuance, management and risk prevention of credit assets, disposal of bad debt assets and the design of transaction structure, feasibility analysis and risk aversion of related financial innovation products, and the litigation and non-litigation matters related to the above business.
Insurance legal affairs: insurance institutions, establishment of insurance intermediaries, governance structure and organizational structure, insurance agencies, insurance intermediaries foreign investment, mergers and acquisitions, equity acquisition, to provide professional management program for insurance institutions, insurance intermediaries , and reaching claims agreement between insurers andinsurance companies.
矿产、能源与环保部
Minerals, Energy and Environment Department
The legal business of the Department in the field of mineral, energy and environmental protection includes the careful investigation of new projects in mining and energy, legal advice design, government approval registration and filing of prospecting and mining rights, mergers& acquisitions and transfer of domestic and overseas mining and energy projects, mining and energy upstream and downstream enterprises restructuring, joint-stock reform, environmental protection, environmental litigation or arbitration, environmental due diligence and environmental regulations policy advice, environmental assessment. The department is one of the leading departments of Yue Cheng Law Firm consisting of experienced lawyers with a wealth of experience in the field of mineral, energy and environmental protection. Many of these lawyers not only have relevant legal experience, but also have rich industry experience so that client can get very high quality legal services.政府事务部
Government Affairs Department
The Government Affairs Department is one of the important functional departments of the Law Firm, consisting of senior lawyers with rich experience, extensive resources, deep foundation, good quality, superb technology and pragmatic spirit in government legal affairs, which can provide high-quality, efficient all-round legal services for government agencies at all levels, departments and administrative units in accordance with the law, also provide practical legal assistance for enterprises, social groups, natural persons and other administrative counterparts.The lawyers of the Department are committed to be government legal risk prevention experts, government legal dispute resolution experts, government legal problem solving experts, playing teamwork advantage, through participation in litigation, providing advice and other means for the parties to specialize government affairs.
The services provided include, but not limited to:
1. Being entrusted by governments or relative persons to participate in administrative litigation, administrative reconsideration, non-litigation disputes and other administrative disputes to solve the problem, or on the above issues to provide appropriate legal advisory services.
2. Providing legal advice on government decision-making, or organizing legal arguments on decision-making.
3. Providing legal advice for governments on drafting or proposing normative documents.
4. Being entrusted by government to participate in negotiation, drafting, signing of contracts or provide legal advice on various related economic projects.
5. Providing the government with relevant national legal information and making recommendations on the legal issues in the administration.
6. Assisting government to carry out legal publicity and education.
7. Providing other government affairs services for government or counterparts.
国际业务部
International Department
Lawyers of the International Department all graduated from prestigious law schools abroad with international and domestic practicing experience. Working languages of the lawyers are Chinese, English and Japanese. The Department keeps good working relationships with a number of major law firms abroad and being familiar with international trade law, as such is able to provide a seamless and full range of legal services to our client.
房地产与建设工程部
Real Estate &Construction Department
Regulations on Requisition and Compensation for Buildings on State-Owned Land
Chapter One General PrinciplesArticle 1 This Regulation is formulated in order to regulate the activities of Requisition of and Compensation for Buildings on State-owned Land, maintain the public interest, and protect the legitimate rights and interests of the owners of the houses to be expropriated.
Article 2 Fair compensation shall be made to the owners of the houses to be expropriated (hereinafter the "Persons Whose Houses Are to Be Expropriated") in the event of requisition of houses owned by entities or individuals on state-owned land.Article 3 In the process of house requisition and compensation, the principles of decision-making democracy, proper procedures and result transparency shall be followed.
Article 4 City and county people's governments shall be responsible for house requisition and compensation work within their jurisdictions.
The departments for house requisition determined by city and county people's governments (hereinafter "House Requisition Departments") shall be responsible for organizing the implementation of house requisition and compensation within their administrative regions.
Relevant departments of city and county people's governments shall, in accordance with the provisions of these Regulations and the division of responsibilities specified by the people's governments, cooperate with each other and ensure the smooth process of house requisition and compensation work.
Article 5 House Requisition Departments may authorize units that engage in carrying out house requisition to undertake specific tasks of house requisition and compensation. No units that engage in carrying out house requisition may operate for the purpose of making profits.
House Requisition Departments shall be responsible for supervising the acts of house requisition and compensation performed by units that engage in carrying out house requisition to the extent as authorized, and shall be liable for the consequences of their actions.
Article 6 The people's governments at a higher level shall strengthen the supervision of the house requisition and compensation work of the people's governments at a lower level.
The department of the State Council in charge of urban construction and housing, and the departments of provincial, autonomous regional and municipal people's government in charge of housing and urban and rural construction, shall, in conjunction with the financial, land resources, development and reform and other relevant departments, strengthen the guidance for the implementation of the house requisition and compensation work.
Article 7 Any organization or individual shall have the right to report to the relevant people's governments, House Requisition Departments and other relevant departments on any acts in violation of these regulations. Upon receipt of such reports, the people's governments, House Requisition Departments and other relevant departments shall verify and handle the reports in a timely manner.
The supervisory authority should strengthen the monitoring of the Government and the relevant departments or units and their staff involved in the requisition and compensation of housing.
Chapter Two Decisions on Requisition
Article 8 In order to protect national security, promote economic and social development and for other public interests, if houses are absolutely required to be expropriated in any of the following circumstances, decisions on house requisition shall be made by municipal and county governments:
(1) The needs of national defense and foreign affairs;
(2) The needs of energy, transportation, water conservation and other infrastructure construction projects carried out under the organization of the governments;
(3) The needs of science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, heritage conservation, social welfare, municipal utilities and other public utility projects carried out under the organization of the governments;
(4) The needs of construction projects for affordable residential houses carried out under the organization of the governments;
(5) The needs of old city reconstruction projects for districts where dilapidated buildings are concentrated and poor infrastructure facilities are located that are carried out by the governments pursuant to relevant provisions of the urban and rural planning law; or
(6) The needs of other public interests as set forth in laws and administrative regulations.
Article 9 The various construction activities that absolutely need house requisition pursuant to Article 8 hereof shall comply with the economic and social development planning, overall land use planning, urban and rural planning and special planning. The construction of affordable residential houses and reconstruction of old city districts shall be included in the annual plans of cities and counties for national economic and social development.
In formulating national economic and social development planning, overall land use planning, urban and rural planning and special planning, opinions shall be solicited from the general public, and scientific evaluation thereof shall be carried out.
Article 19 House Requisition Departments shall draft compensation programs for requisition and submit the same to city and county people's governments.
City and county people's government shall organize relevant departments to conduct feasibility studies on compensation programs for requisition and disclose the same to the general public for public comment. The period for soliciting public opinions shall not be less than 30 days.
Article 11 City and county people's government shall disclose the information on the solicitation of public opinions and any amendment made to the proposal on the basis of public opinions to the public in a timely manner.
If house requisition is needed due to the reconstruction of old city districts, and the majority of the Persons Whose Houses Are to Be Expropriated believe that the requisition compensation program does not meet the requirements of these requirements, the city and county people's governments shall organize hearings to be attended by such persons and representatives from the general public, and amend the program on the basis of the feedback from the hearings.
Article 12 Prior to making decisions on house requisition, city and county people's governments shall make an assessment of social stability risk in accordance with relevant provisions. Any decision on house requisition that involves a relatively large number of Persons Whose Houses Are to Be Expropriated shall be discussed and made by the executive meeting of the government.
Prior to making decisions on house requisition, the compensation for requisition shall be fully paid, deposited in special accounts and used exclusively for special purposes.
Article 13 After having made decisions on house requisition, city and county people's governments make a public announcement thereof in a timely manner. The announcement shall specify the program for requisition compensation, and administrative reconsideration, administrative litigation rights and other matters.
City, county people's government and the housing Levy Department should do a good job of requisiting and compensating the propaganda and explanation of the house.
If any houses have been expropriated according to, the state-owned land use rights are recovered at the same time.
Article 14 If any Persons Whose Houses Are to Be Expropriated have objection to the decisions on house requisition made by city and county people's governments, such persons may apply for administrative reconsideration or file an administrative action according to law.
Article 15 The House Requisition Departments shall organize survey and registration of the ownership, location, use, floor areas and other matters of the houses in the scope of the house requisition, the Persons Whose Houses Are to Be Expropriated shall cooperate. The survey results shall be disclosed to the Persons Whose Houses Are to Be Expropriated within the scope of house requisition.
Article 16 After the scope of house requisition has been determined, no new construction, expansion or reconstruction of houses within the scope of house requisition may be carried out, and the purposes of the houses may not be altered, and any other acts aimed at receiving more compensation may not be carried out. If such acts are carried out in violation of the regulations, no compensation shall be paid.
House Requisition Departments shall send a notice to the relevant departments of the matters set forth in the preceding paragraph in writing and inform the same of suspending relevant formalities. The written notice of suspending relevant formalities shall specify the time period for suspension. The time period for suspension shall not exceed 1 year.
Chapter Three Compensation
Article 17 The compensation to be paid by the city and county people's governments that have made the decisions on house requisition to the Persons Whose Houses Are to Be Expropriated shall include:
(1) The compensation for the value of the houses to be expropriated;
(2) The compensation for relocation and temporary resettlement arising from the house requisition; and
(3) The compensation for losses arising from production and business suspension caused by the house requisition.
City and county people's governments shall formulate the procedures for subsidies and incentives, and grant subsidies and incentives to the Persons Whose Houses Are to Be Expropriated.
Article 18 If the residential houses of any individuals are to be expropriated and the Persons Whose Houses Are to Be Expropriated meet the conditions for affordable houses, the city and county people's governments that have made the decisions on house requisition shall give priority to providing affordable houses to such persons. The specific procedures shall be formulated by the authorities of provinces, autonomous regions and municipalities directly under the central government.
Article 19 The compensation for the value of houses to be expropriated shall not be less than the market price of the real estate comparable to the houses to be expropriated on the date of the public notice of the house requisition decisions. The value of the houses to be expropriated shall be assessed and determined by real estate appraisal agencies with appropriate qualifications in accordance with the procedures for evaluating houses to be expropriated.
Anyone who has objection to the value of the houses to be expropriated that has been assessed and determined may apply to the real estate appraisal agency for reassessment. Anyone who disagrees with the results of the review may apply to the real estate appraisal expert committee for appraisal.
The procedures for the appraisal of the houses to be expropriated shall be formulated by the competent department of the State Council for housing and urban and rural construction. In the process of the formulation, opinions shall be solicited from the general public.
Article 20 Real estate appraisal agencies shall be selected by the Persons Whose Houses Are to Be Expropriated through consultation. If consultations fail, the same shall be determined by majority decision, random selection and other methods. The specific procedures shall be formulated by the authorities of provinces, autonomous regions and municipalities directly under the central government.
Real estate appraisal agencies shall carry out the assessment of the houses to be expropriated in an independent, objective and fair manner, free from interference from any unit or individual.
Article 21 The Persons Whose Houses Are to Be Expropriated may choose monetary compensation or house property rights exchange.
If the Persons Whose Houses Are to Be Expropriated select house property rights exchange, city and county people's governments shall provide the houses to be used for property rights exchange, and, jointly with the Persons Whose Houses Are to Be Expropriated, calculate and settle the price difference between the values of the houses to be expropriated and the values of the houses to be used for property rights exchange.
If personal houses are required to be expropriated due to reconstruction of old city districts, and the Persons Whose Houses Are to Be Expropriated choose property rights exchange with houses located at the site of reconstruction, the city and county people's governments that have made the decisions on house requisition shall provide the houses located at or near the sites of reconstruction.
Article 22 If any relocation is caused by house requisition, the house requisition department shall pay relocation costs to the Persons Whose Houses Are to Be Expropriated. If any persons choose house property rights exchange, the house requisition department shall, prior to the delivery of the houses to be used for property rights exchange, pay temporary resettlement costs or provide transitional houses to the Persons Whose Houses Are to Be Expropriated.
Article 23 The compensation for any losses arising from production and business suspension caused by house requisition shall be determined according to profits, duration of production and business suspension and other factors prior to the house requisition. The specific measures therefor shall be formulated by the authorities of provinces, autonomous regions and municipalities directly under the central government.
Article 24 City and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and shall deal with any construction in violation of urban and rural planning according to law.
Prior to making decisions on house requisition, city and county people's governments shall organize relevant departments to lawfully investigate, identify and handle any buildings within the scope of requisition that have not been registered. With respect to any temporary buildings that are identified as legal buildings and have not exceeded the approved time limit, compensation shall be paid, while with respect to any temporary buildings that are identified as illegal buildings and have exceeded the approved time limit, no compensation shall be paid.
Article 25 The House Requisition Departments and the Persons Whose Houses Are to Be Expropriated shall, pursuant to these Regulations, enter into compensation agreements with respect the compensation method, the compensation amount and payment terms, the location and area of the houses to be used for property rights exchange, relocation costs, temporary resettlement costs or transitional houses, losses arising from production or business suspension, period of relocation, methods and periods of transition and other matters.
If, after any compensation agreement is entered into, one party fails to perform its obligations set forth in the compensation agreement, the other party may file an action according to law.
Article 26 If any House Requisition Departments and any persons whose houses are expropriated fail to enter into compensation agreements within the time limit for contract execution specified in the requisition compensation program, or the owners of the houses to be expropriated are uncertain, the House Requisition Departments shall request the city and county people's governments that have made the decisions on house requisition to make decisions on compensation in accordance with the requisition compensation program and publish the same to the public in the areas of house requisition pursuant to these Regulations.
Compensation decisions shall be fair and shall contain matters in relation to the compensation agreements as set forth in Paragraph 1 of Article 25 hereof.
If any person whose house is to be expropriated has objection to the compensation decision, such person may apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 27 In carrying out house requisition, compensation shall be paid first before relocation.
After the city and county people's governments that have made the decisions on house requisition shall pay compensation to the Persons Whose Houses Are to Be Expropriated, the Persons Whose Houses Are to Be Expropriated shall complete the relocation the period of relocation as agreed upon in the compensation agreements or determined in the compensation decisions.
No unit or individual may compel the persons whose houses are expropriated to relocate through violence, threat or other illegal methods such as water, heat, gas, power supply and road access suspension in violation of the regulations. Construction units shall be prohibited from participating in relocation activities.
Article 28 If the persons whose houses are expropriated fail to apply for administrative reconsideration or institute administrative proceedings within the statutory time limit, and fail to relocate within the period set forth in the compensation decision, the city and county people's governments that have made the decisions on house requisition shall petition the people's court for enforcement.
The applications for enforcement shall include materials such as the amount of compensation and special account number, the locations and areas of the houses used for property rights exchange and transitional houses as attachments.
Article 29 The House Requisition Departments shall establish files of house requisition and compensation, and disclose the information on compensation paid to individual households to the persons whose houses are expropriated in the areas of house requisition.
Auditing organs shall strengthen their supervision over the management and use of the expenses for requisition compensation, and disclose the audit results to the public.
Chapter Four Legal Liability
Article 30 If any personnel of city and county people's governments and House Requisition Departments fail to perform their duties as set forth herein, or have committed acts such as abuse of power, dereliction of duty or corruption, in their house requisition and compensation activities, the people's governments at a higher level or the people's governments at the same level shall order the same to make rectification and criticize the same in a circulate notice. If any losses have been caused, they shall assume liability for compensation according to law. Those directly responsible persons in charge and other directly responsible personnel shall be disciplined according to law. Anyone who constitutes a crime shall be prosecuted for criminal liability.
Article 31 If any personnel compel persons whose houses are expropriated to relocate through illegal means such as force, threat or suspension of water, heat, gas, power supply and road access in violation of the regulations and cause losses, such personnel shall assume liability for compensation. Those directly responsible persons in charge and other directly responsible personnel who constitute a crime shall be prosecuted for criminal liability. If no crime is constituted, they shall be disciplined. If their acts constitute the violation of the public security administration, administrative punishment shall be imposed thereon according to law.
Article 32 If any person impedes house requisition and compensation work that is carried out according to through violence, threats and other means, and a crime is constituted, such person shall be prosecuted for criminal liability. If a violation of public security administration is constituted, such person shall be punished according to public security regulations.
Article 33 In the event of corruption, embezzlement, unlawful distribution, retention, or delay in payment of requisition compensation, the same shall be ordered to be corrected, relevant money shall be recovered, illegal gains shall be refunded within a specified period, and the responsible units shall be reprimanded in a circulated notice. Any person who has caused losses in so doing shall assume liability for compensation according to law. Any directly responsible person in charge and other directly responsible personnel who constitute a crime shall be investigated for criminal responsibility according to law. If no crime is constituted, they shall be disciplined according to law.
Article 34 If any real estate appraisal agencies or real estate appraisers issue false assessment reports or reports containing major errors, the issuing authority shall order the same to make correction within a specified period, give a warning and impose a fine of more than RMB 50,000 but less than RMB 200,000 on the real estate appraisal agencies. A fine of more than RMB 10,000 but less than RMB 30,000 shall be imposed on the real estate appraisers, and the same will be recorded in the credit file. In serious circumstances, their qualification certificates and certificates of registration will be revoked. If any losses have been caused, they shall assume liability for compensation according to law. If a crime is constituted, they shall be prosecuted for criminal responsibility.
Chapter Five Supplementary Provisions
Article 35 This Regulation shall be effective as of the date of promulgation. The Regulations on Urban Housing Demolition Management released by the State Council on June 13, 2001 shall be repealed simultaneously. Any projects for which house demolition certificates have been obtained according to law prior to the effectiveness of these Regulations shall be governed by the original regulations, provided that the government shall not instruct the relevant departments to carry out forced relocation
