Urban Housing Demolition and Relocation Administrative Adjudication Work Rules (CECC Full Translation)
Major Law
Additional Laws and Regulations
Short Summary
The following is a translation prepared by the Congressional-Executive Commission on China of the "Urban Housing Demolition and Relocation Administrative Adjudication Work Rules" issued by the PRC Ministry of Construction on December 23, 2003. The Chinese text follows.
Urban Housing Demolition and Relocation Administrative Adjudication Work Rules December 23, 2003 Article 1 These work rules are formulated in accordance with the “Urban Housing Demolition and Relocation Regulations” in order to standardize administrative adjudication in urban housing demolition and relocation and safeguard the legal rights and interests of demolition and relocation parties. Article 2 These rules shall be used according to the provisions of the “Urban Housing Demolition and Relocation Management Regulations” when parties apply for adjudication because the entity conducting demolition and relocation (hereinafter “the demolition entity”) and the person subject to demolition and relocation (hereinafter the “demolition subject”) cannot reach agreement on the time limit for relocation, the form of compensation, the standards for compensation, the form or time limit for transition stages, etc. Article 3 Urban housing demolition and relocation management departments of city and county people’s governments are responsible for urban housing and demolition administrative adjudication work within their administrative districts. Housing demolition and relocation management departments and their staff members shall lawfully carry out administrative adjudication duties in accordance with the provisions of relevant laws and regulations. Article 4 Administrative adjudication should take facts as the basis and law as the yardstick and uphold the principles of fairness, justice, and timeliness. Article 5 Demolition entities applying for administrative adjudication shall provide the following materials: (1) adjudication application form; (2) proof of identity of legal representatives; (3) evidentiary materials showing ownership of the housing to be demolished and relocated; (4) appraisal report for the housing to be demolished and relocated; (5) compensation and resettlement plan for the respondent; (6) record of consultation between the applicant and respondent; (7) proportion of demolition subjects that have not reached agreement and their reasons; (8) other materials related to the adjudication. Article 6 Demolition subjects who apply for administrative adjudication shall provide the following materials: (1) adjudication application form; (2) proof of identity of applicant; (3) evidentiary materials showing ownership of the housing to be demolished and relocated; (4) reasons for applying for administrative adjudication and corresponding evidentiary materials; (5) other materials that are related to the adjudication of the housing demolition and relocation and that the housing demolition and relocation management department thinks should be provided. Article 7 Where the number or proportion of households that have not agreed to the compensation and resettlement plan is relatively large, the housing demolition and relocation management department shall hold a hearing before it accepts the application for adjudication. The specific standards and procedures [for the hearing] shall be provided by the housing demolition and relocation management department of the people’s government of provinces, autonomous regions, and centrally administered municipalities. Article 8 Demolition and relocation management departments may not accept administrative adjudication applications in any of the following circumstances: (1) there is a request for administrative adjudication on the legality of the demolition and relocation permit; (2) the applicant or respondent is not a party to the demolition and relocation; (3) a contract dispute occurs after demolition and relocation parties reach agreement on compensation or resettlement, or, after an administrative adjudication decision has been handed down, the parties apply for administrative adjudication again on the same matter; (4) the housing has already been destroyed; (5) other circumstances in which the housing demolition and relocation management department believes it cannot accept the application in accordance with the law. With regard to applications that are not accepted, the housing demolition and relocation management department should notify the applicant in writing within five working days of receiving the application. Article 9 After the housing demolition and relocation management department receives an application for housing demolition and relocation adjudication and if, having been examined, the materials are complete and conform to the requirements for acceptance, the housing demolition and relocation management department shall issue an acceptance notification to the parties within five working days of receiving the application. If the adjudication application materials are incomplete and need to be supplemented, the applicant shall be notified in writing one time within five working days and shall supplement and amend the materials where possible. The acceptance period is calculated from the time that the applicant supplements and amends the materials. Article 10 After the housing demolition and relocation management department accepts an application for housing demolition and relocation adjudication, it shall move forward according to the following procedures: (1) send copies of the application form for housing demolition and relocation adjudication and notification of the answer to the respondent and inform the respondent of its rights; (2) examine and verify the legality of the relevant materials and procedure; (3) organize mediation between the parties. The demolition and relocation management department must give a full hearing to the opinion of the parties; review and verify the facts, reasons, and evidence submitted by the parties; and accept reasonable requests by the parties. The housing demolition and relocation management department may not issue an adjudication ruling that harms the interest of self-represented parties because they are representing themselves. If demolition and relocation parties refuse mediation, the demolition and relocation office may issue a ruling in accordance with the law. (4) verify compensation and resettlement standards. If the parties have a dispute about appraisal results, or if there has been no appraisal by a real estate expert appraisal committee for that housing location, the housing demolition and relocation management department shall entrust an expert appraisal committee to conduct an appraisal and shall issue an adjudication ruling on the basis of the results of the appraisal after it is completed. The time for the appraisal shall not be included in calculating the time for the adjudication ruling. (5) After mediation, if common ground has been reached, an adjudication finalization document shall be issued. If common ground has not been reached, the housing demolition and relocation management department shall issue a written adjudication ruling. If common ground has been reached on part of the matter, it shall be confirmed at the time of the adjudication ruling. Written adjudication rulings must be collectively discussed by the leadership of the housing demolition and relocation management department. Article 11 Administrative adjudication staff shall recuse themselves when beneficial relations or other relations with parties could influence the impartiality of the adjudication ruling. Article 12 In the following circumstances, adjudication shall be suspended and written notice sent to the parties: (1) new facts are discovered that need to be investigated and verified; (2) a corresponding adjudication or court judgment will be the basis for adjudication, and the related case has not been completed; (3) an applicant who is a natural person dies, and [the adjudication department] must wait for close relatives to indicate whether or not they will participate in the adjudication; (4) force majure or other special circumstances force a suspension. Once the factor causing suspension of the adjudication has been eliminated, the adjudication shall resume. The time of suspension shall not be included in calculating the time for adjudication. Article 13 In the following circumstances, the adjudication shall be terminated and written notice sent to the parties: (1) after acceptance of the adjudication application, the parties reach agreement; (2) it is discovered that the applicant or respondent is not a party to the adjudication; (3) an applicant who is a natural person dies and the close relatives of the applicant or their representatives fail to indicate whether or not they will participate in the adjudication within fifteen days; (4) the applicant withdraws the adjudication application. Article 14 Administrative adjudication rulings shall be issued within thirty days of acceptance of the application. Housing demolition and relocation management departments that issue adjudication rulings shall provide a written adjudication ruling. The written adjudication ruling shall include the following: (1) the basic circumstances of the applicant and the respondent; (2) the basic facts and reasons for the dispute; (3) the basis and reasons for the decision; (4) the compensation form, compensation amount, size and location of resettlement housing, time limits for relocation, the form and time limits for transition relocation, etc., according to the [issues raised in] the administrative adjudication application; (5) notification to the parties of their right to administrative reconsideration and administrative litigation and the deadlines for reconsideration and litigation; (6) the name of the housing demolition and relocation management department, the date of the adjudication ruling, and its official seal. Article 15 The adjudication ruling shall be delivered directly, by entrustment, by mail, by leaving it at a place of abode, etc. Article 16 If a party is not satisfied with the administrative adjudication ruling, the party may apply for administrative reconsideration or file suit in a people’s court according to the law. Art 17 If the demolition subject or the housing tenant does not relocate within the relocation time period stipulated in the adjudication ruling, the city or country people’s government shall charge the relevant department with carrying out administrative forced demolition and relocation, or the housing demolition and relocation management department shall apply to a people’s court for forced demolition and relocation in accordance with the law. Article 18 Before housing demolition and relocation management departments apply for administrative forced demolition and relocation, they shall invite the relevant management departments, demolition and relocation party representatives, and representatives of the social and public trust to hold a hearing on the basis, procedure, compensation and resettlement compensation standards, etc. for the administrative forced demolition and relocation. Where housing demolition and relocation management departments apply for administrative forced demolition and relocation, the leadership must collectively discuss the decision before applying to the government for administrative forced demolition and relocation. If there has been no adjudication decision, administrative forced demolition and relocation must not be implemented. Article 19 Where a demolition entity has not provided the demolition subject with demolition and relocation compensation or resettlement housing that complies with state quality and safety standards in accordance with the adjudication opinion or has not turned over the resettlement housing, the demolition entity may not implement forced demolition and relocation. Article 20 Where housing demolition and relocation management departments apply for administrative forced demolition and relocation, they shall provide the following materials: (1) administrative forced demolition and relocation application form; (2) adjudication and meditation records and the adjudication decision; (3) the reason that the demolition subject did not agree to the demolition and relocation; (4) a notarized evidence preservation certificate for the demolition subject’s housing; (5) proof of the resettlement housing and transition housing use rights or proof of compensation funds provided for the demolition subject; (6) if the demolition subject refuses to the accept the compensation, evidence that the compensation amount has been withdrawn; (7) other materials provided by the housing demolition and relocation management departments of city and county people’s governments. Article 21 Administrative forced demolition and relocation shall be carried out in accordance with the forced housing demolition and relocation decision. Housing demolition and relocation management departments shall give 15 days notice to demolition subjects and earnestly carry out propaganda and explanation work to mobilize demolition subjects to relocate on their own. Article 22 Administrative forced demolition and relocation shall be carried out strictly in accordance with the law. At the time of the forced demolition and relocation, a neighborhood committee and representative of the work unit of the demolition subject shall be assembled at the site as witnesses to the forced demolition and relocation, and a notarization organ shall preserve evidence of the housing and objects within the housing to be demolished. Article 23 Where housing demolition and relocation management department staff members or individuals carrying out administrative forced demolition and relocation violate these rules, the work unit in that place shall issue a warning. Responsibility for misjudged cases shall be pursued in accordance with the relevant regulations. Where the criminal law has been violated, criminal responsibility shall be pursued in accordance with the law. Article 24 Where demolition entities or work units commissioned to carry out demolition and relocation employ tactics such as intimidation, coercion, or cutting off water, electricity, gas, or heat, etc. when implementing demolition and relocation, or force demolition subjects to move or organize forced demolitions and relocations without authorization, the housing demolition and relocation management department in that city or county shall stop the demolition and relocation and shall punish them in accordance with the law. Where the criminal law has been violated, criminal liability shall be pursued in accordance with the law. Article 25 Where the demolition and relocation management department is the demolition subject, the people’s government at the same level shall adjudicate. Article 26 Where housing demolition and relocation is carried out and administrative adjudication applied for on state land outside of the city planning area, these rules may be consulted in carrying out [adjudication]. Article 27 These rules shall be effective as of March 1, 2004.
Urban Housing Demolition and Relocation Administrative Adjudication Work Rules December 23, 2003 Article 1 These work rules are formulated in accordance with the “Urban Housing Demolition and Relocation Regulations” in order to standardize administrative adjudication in urban housing demolition and relocation and safeguard the legal rights and interests of demolition and relocation parties. Article 2 These rules shall be used according to the provisions of the “Urban Housing Demolition and Relocation Management Regulations” when parties apply for adjudication because the entity conducting demolition and relocation (hereinafter “the demolition entity”) and the person subject to demolition and relocation (hereinafter the “demolition subject”) cannot reach agreement on the time limit for relocation, the form of compensation, the standards for compensation, the form or time limit for transition stages, etc. Article 3 Urban housing demolition and relocation management departments of city and county people’s governments are responsible for urban housing and demolition administrative adjudication work within their administrative districts. Housing demolition and relocation management departments and their staff members shall lawfully carry out administrative adjudication duties in accordance with the provisions of relevant laws and regulations. Article 4 Administrative adjudication should take facts as the basis and law as the yardstick and uphold the principles of fairness, justice, and timeliness. Article 5 Demolition entities applying for administrative adjudication shall provide the following materials: (1) adjudication application form; (2) proof of identity of legal representatives; (3) evidentiary materials showing ownership of the housing to be demolished and relocated; (4) appraisal report for the housing to be demolished and relocated; (5) compensation and resettlement plan for the respondent; (6) record of consultation between the applicant and respondent; (7) proportion of demolition subjects that have not reached agreement and their reasons; (8) other materials related to the adjudication. Article 6 Demolition subjects who apply for administrative adjudication shall provide the following materials: (1) adjudication application form; (2) proof of identity of applicant; (3) evidentiary materials showing ownership of the housing to be demolished and relocated; (4) reasons for applying for administrative adjudication and corresponding evidentiary materials; (5) other materials that are related to the adjudication of the housing demolition and relocation and that the housing demolition and relocation management department thinks should be provided. Article 7 Where the number or proportion of households that have not agreed to the compensation and resettlement plan is relatively large, the housing demolition and relocation management department shall hold a hearing before it accepts the application for adjudication. The specific standards and procedures [for the hearing] shall be provided by the housing demolition and relocation management department of the people’s government of provinces, autonomous regions, and centrally administered municipalities. Article 8 Demolition and relocation management departments may not accept administrative adjudication applications in any of the following circumstances: (1) there is a request for administrative adjudication on the legality of the demolition and relocation permit; (2) the applicant or respondent is not a party to the demolition and relocation; (3) a contract dispute occurs after demolition and relocation parties reach agreement on compensation or resettlement, or, after an administrative adjudication decision has been handed down, the parties apply for administrative adjudication again on the same matter; (4) the housing has already been destroyed; (5) other circumstances in which the housing demolition and relocation management department believes it cannot accept the application in accordance with the law. With regard to applications that are not accepted, the housing demolition and relocation management department should notify the applicant in writing within five working days of receiving the application. Article 9 After the housing demolition and relocation management department receives an application for housing demolition and relocation adjudication and if, having been examined, the materials are complete and conform to the requirements for acceptance, the housing demolition and relocation management department shall issue an acceptance notification to the parties within five working days of receiving the application. If the adjudication application materials are incomplete and need to be supplemented, the applicant shall be notified in writing one time within five working days and shall supplement and amend the materials where possible. The acceptance period is calculated from the time that the applicant supplements and amends the materials. Article 10 After the housing demolition and relocation management department accepts an application for housing demolition and relocation adjudication, it shall move forward according to the following procedures: (1) send copies of the application form for housing demolition and relocation adjudication and notification of the answer to the respondent and inform the respondent of its rights; (2) examine and verify the legality of the relevant materials and procedure; (3) organize mediation between the parties. The demolition and relocation management department must give a full hearing to the opinion of the parties; review and verify the facts, reasons, and evidence submitted by the parties; and accept reasonable requests by the parties. The housing demolition and relocation management department may not issue an adjudication ruling that harms the interest of self-represented parties because they are representing themselves. If demolition and relocation parties refuse mediation, the demolition and relocation office may issue a ruling in accordance with the law. (4) verify compensation and resettlement standards. If the parties have a dispute about appraisal results, or if there has been no appraisal by a real estate expert appraisal committee for that housing location, the housing demolition and relocation management department shall entrust an expert appraisal committee to conduct an appraisal and shall issue an adjudication ruling on the basis of the results of the appraisal after it is completed. The time for the appraisal shall not be included in calculating the time for the adjudication ruling. (5) After mediation, if common ground has been reached, an adjudication finalization document shall be issued. If common ground has not been reached, the housing demolition and relocation management department shall issue a written adjudication ruling. If common ground has been reached on part of the matter, it shall be confirmed at the time of the adjudication ruling. Written adjudication rulings must be collectively discussed by the leadership of the housing demolition and relocation management department. Article 11 Administrative adjudication staff shall recuse themselves when beneficial relations or other relations with parties could influence the impartiality of the adjudication ruling. Article 12 In the following circumstances, adjudication shall be suspended and written notice sent to the parties: (1) new facts are discovered that need to be investigated and verified; (2) a corresponding adjudication or court judgment will be the basis for adjudication, and the related case has not been completed; (3) an applicant who is a natural person dies, and [the adjudication department] must wait for close relatives to indicate whether or not they will participate in the adjudication; (4) force majure or other special circumstances force a suspension. Once the factor causing suspension of the adjudication has been eliminated, the adjudication shall resume. The time of suspension shall not be included in calculating the time for adjudication. Article 13 In the following circumstances, the adjudication shall be terminated and written notice sent to the parties: (1) after acceptance of the adjudication application, the parties reach agreement; (2) it is discovered that the applicant or respondent is not a party to the adjudication; (3) an applicant who is a natural person dies and the close relatives of the applicant or their representatives fail to indicate whether or not they will participate in the adjudication within fifteen days; (4) the applicant withdraws the adjudication application. Article 14 Administrative adjudication rulings shall be issued within thirty days of acceptance of the application. Housing demolition and relocation management departments that issue adjudication rulings shall provide a written adjudication ruling. The written adjudication ruling shall include the following: (1) the basic circumstances of the applicant and the respondent; (2) the basic facts and reasons for the dispute; (3) the basis and reasons for the decision; (4) the compensation form, compensation amount, size and location of resettlement housing, time limits for relocation, the form and time limits for transition relocation, etc., according to the [issues raised in] the administrative adjudication application; (5) notification to the parties of their right to administrative reconsideration and administrative litigation and the deadlines for reconsideration and litigation; (6) the name of the housing demolition and relocation management department, the date of the adjudication ruling, and its official seal. Article 15 The adjudication ruling shall be delivered directly, by entrustment, by mail, by leaving it at a place of abode, etc. Article 16 If a party is not satisfied with the administrative adjudication ruling, the party may apply for administrative reconsideration or file suit in a people’s court according to the law. Art 17 If the demolition subject or the housing tenant does not relocate within the relocation time period stipulated in the adjudication ruling, the city or country people’s government shall charge the relevant department with carrying out administrative forced demolition and relocation, or the housing demolition and relocation management department shall apply to a people’s court for forced demolition and relocation in accordance with the law. Article 18 Before housing demolition and relocation management departments apply for administrative forced demolition and relocation, they shall invite the relevant management departments, demolition and relocation party representatives, and representatives of the social and public trust to hold a hearing on the basis, procedure, compensation and resettlement compensation standards, etc. for the administrative forced demolition and relocation. Where housing demolition and relocation management departments apply for administrative forced demolition and relocation, the leadership must collectively discuss the decision before applying to the government for administrative forced demolition and relocation. If there has been no adjudication decision, administrative forced demolition and relocation must not be implemented. Article 19 Where a demolition entity has not provided the demolition subject with demolition and relocation compensation or resettlement housing that complies with state quality and safety standards in accordance with the adjudication opinion or has not turned over the resettlement housing, the demolition entity may not implement forced demolition and relocation. Article 20 Where housing demolition and relocation management departments apply for administrative forced demolition and relocation, they shall provide the following materials: (1) administrative forced demolition and relocation application form; (2) adjudication and meditation records and the adjudication decision; (3) the reason that the demolition subject did not agree to the demolition and relocation; (4) a notarized evidence preservation certificate for the demolition subject’s housing; (5) proof of the resettlement housing and transition housing use rights or proof of compensation funds provided for the demolition subject; (6) if the demolition subject refuses to the accept the compensation, evidence that the compensation amount has been withdrawn; (7) other materials provided by the housing demolition and relocation management departments of city and county people’s governments. Article 21 Administrative forced demolition and relocation shall be carried out in accordance with the forced housing demolition and relocation decision. Housing demolition and relocation management departments shall give 15 days notice to demolition subjects and earnestly carry out propaganda and explanation work to mobilize demolition subjects to relocate on their own. Article 22 Administrative forced demolition and relocation shall be carried out strictly in accordance with the law. At the time of the forced demolition and relocation, a neighborhood committee and representative of the work unit of the demolition subject shall be assembled at the site as witnesses to the forced demolition and relocation, and a notarization organ shall preserve evidence of the housing and objects within the housing to be demolished. Article 23 Where housing demolition and relocation management department staff members or individuals carrying out administrative forced demolition and relocation violate these rules, the work unit in that place shall issue a warning. Responsibility for misjudged cases shall be pursued in accordance with the relevant regulations. Where the criminal law has been violated, criminal responsibility shall be pursued in accordance with the law. Article 24 Where demolition entities or work units commissioned to carry out demolition and relocation employ tactics such as intimidation, coercion, or cutting off water, electricity, gas, or heat, etc. when implementing demolition and relocation, or force demolition subjects to move or organize forced demolitions and relocations without authorization, the housing demolition and relocation management department in that city or county shall stop the demolition and relocation and shall punish them in accordance with the law. Where the criminal law has been violated, criminal liability shall be pursued in accordance with the law. Article 25 Where the demolition and relocation management department is the demolition subject, the people’s government at the same level shall adjudicate. Article 26 Where housing demolition and relocation is carried out and administrative adjudication applied for on state land outside of the city planning area, these rules may be consulted in carrying out [adjudication]. Article 27 These rules shall be effective as of March 1, 2004.
Body (Chinese)
中华人民共和国建设部二○○三年十二月三十日城市房屋拆迁行政裁决工作规程 第一条 为了规范城市房屋拆迁行政裁决行为，维护拆迁当事人的合法权益，根据《城市房屋拆迁管理条例》，制定本工作规程。 第二条 按照《城市房屋拆迁管理条例》的规定，因拆迁人与被拆迁人就搬迁期限、补偿方式、补偿标准以及搬迁过渡方式、过渡期限等原因达不成协议，当事人申请裁决的，适用本规程。 第三条 市、县人民政府城市房屋拆迁管理部门负责本行政区域内城市房屋拆迁行政裁决工作。房屋拆迁管理部门及其工作人员应当按照有关法律、法规规定，依法履行行政裁决职责。 第四条 行政裁决应当以事实为依据、以法律为准绳，坚持公平、公正、及时的原则。 第五条 拆迁人申请行政裁决，应当提交下列资料： （一）裁决申请书； （二）法定代表人的身份证明； （三）被拆迁房屋权属证明材料； （四）被拆迁房屋的估价报告； （五）对被申请人的补偿安置方案； （六）申请人与被申请人的协商记录； （七）未达成协议的被拆迁人比例Ar及原因； （八）其他与裁决有关的资料。 第六条 被拆迁人申请行政裁决，应当提交下列资料： （一）裁决申请书； （二）申请人的身份证明； （三）被拆迁房屋的权属证明； （四）申请裁决的理由及相关证明材料； （五）房屋拆迁管理部门认为应当提供的与行政裁决有关的其他材料。 第七条 未达成拆迁补偿安置协议户数较多或比例较高的，房屋拆迁管理部门在受理裁决申请前，应当进行听证。具体标准、程序由省、自治区、直辖市人民政府房屋拆迁管理部门规定。 第八条 有下列情形之一的，房屋拆迁管理部门不予受理行政裁决申请： （一）对拆迁许可证合法性提出行政裁决的； （二）申请人或者被申请人不是拆迁当事人的； （三）拆迁当事人达成补偿安置协议后发生合同纠纷，或者行政裁决做出后，当事人就同一事由再次申请裁决的； （四）房屋已经灭失的； （五）房屋拆迁管理部门认为依法不予受理的其他情形。 对裁决申请不予受理的，房屋拆迁管理部门应当自收到申请之日起5个工作日内书面通知申请人。 第九条 房屋拆迁管理部门受理房屋拆迁裁决申请后，经审核，资料齐全、符合受理条件的，应当在收到申请之日起5个工作日内向申请人发出裁决受理通知书；申请裁决资料不齐全、需要补充资料的，应当在5个工作日内一次性书面告知申请人，可以当场补正的，应当当场补正。受理时间从申请人补齐资料的次日起计算。 第十条 房屋拆迁管理部门受理房屋拆迁裁决申请后，应当按照下列程序进行： （一）向被申请人送达房屋拆迁裁决申请书副本及答辩通知书，并告知被申请人的权利； （二）审核相关资料、程序的合法性； （三）组织当事人调解。房屋拆迁管理部门必须充分听取当事人的意见，对当事人提出的事实、理由和证据进行复核；对当事人提出的合理要求应当采纳。房屋拆迁管理部门不得因当事人申辩而做出损害申辩人合法权益的裁决。 拆迁当事人拒绝调解的，房屋拆迁管理部门应依法作出裁决。 （四）核实补偿安置标准。当事人对评估结果有异议，且未经房屋所在地房地产专家评估委员会鉴定的，房屋拆迁管理部门应当委托专家评估委员会进行鉴定，并以鉴定后的估价结果作为裁决依据。鉴定时间不计入裁决时限。 （五）经调解，达成一致意见的，出具裁决终结书；达不成一致意见的，房屋拆迁管理部门应当作出书面裁决。部分事项达成一致意见的，裁决时应当予以确认。书面裁决必须经房屋拆迁管理部门领导班子集体讨论决定。 第十一条 行政裁决工作人员与当事人有利害关系或者有其他关系可能影响公正裁决的，应当回避。 第十二条 有下列情形之一的，中止裁决并书面告知当事人： （一）发现新的需要查证的事实； （二）裁决需要以相关裁决或法院判决结果为依据的，而相关案件未结案的； （三）作为自然人的申请人死亡，需等待其近亲属表明是否参加裁决的； （四）因不可抗力或者其他特殊情况需要中止的情况。 中止裁决的因素消除后，恢复裁决。中止时间不计入裁决时限。 第十三条 有下列情形之一的，终结裁决并书面告知当事人： （一）受理裁决申请后，当事人自行达成协议的； （二）发现申请人或者被申请人不是裁决当事人的； （三）作为自然人的申请人死亡，15天之内没有近亲属或者近亲属未表示参加裁决或放弃参加裁决的； （四）申请人撤回裁决申请的。 第十四条 行政裁决应当自收到申请之日起30日内做出。房屋拆迁管理部门做出裁决，应当出具裁决书。 裁决书应当包括下列内容： （一）申请人与被申请人的基本情况； （二）争议的主要事实和理由； （三）裁决的依据、理由； （四）根据行政裁决申请需要裁决的补偿方式、补偿金额、安置用房面积和安置地点、搬迁期限、搬迁过渡方式和过渡期限等； （五）告知当事人行政复议、行政诉讼的权利及申请复议期限、起诉期限； （六）房屋拆迁管理部门的名称、裁决日期并加盖公章； 行政裁决规定的搬迁期限不得少于15天。 第十五条 裁决书应当通过直接送达、留置送达、委托送达或邮寄送达等方式送达。 第十六条 当事人对行政裁决不服的，可以依法申请行政复议或者向人民法院起诉。 第十七条 被拆迁人或者房屋承租人在裁决规定的搬迁期限内未搬迁的,由市、县人民政府责成有关部门行政强制拆迁，或者由房屋拆迁管理部门依法申请人民法院强制拆迁。 第十八条 房屋拆迁管理部门申请行政强制拆迁前，应当邀请有关管理部门、拆迁当事人代表以及具有社会公信力的代表等，对行政强制拆迁的依据、程序、补偿安置标准的测算依据等内容，进行听证。 房屋拆迁管理部门申请行政强制拆迁，必须经领导班子集体讨论决定后，方可向政府提出行政强制拆迁申请。未经行政裁决，不得实施行政强制拆迁。 第十九条 拆迁人未按裁决意见向被拆迁人提供拆迁补偿资金或者符合国家质量安全标准的安置用房、周转用房的，不得实施强制拆迁。 第二十条 房屋拆迁管理部门申请行政强制拆迁，应当提交下列资料： （一）行政强制拆迁申请书； （二）裁决调解记录和裁决书； （三）被拆迁人不同意拆迁的理由； （四）被拆迁房屋的证据保全公证书； （五）被拆迁人提供的安置用房、周转用房权属证明或者补偿资金证明； （六）被拆迁人拒绝接收补偿资金的，应当提交补偿资金的提存证明； （七）市、县人民政府房屋拆迁管理部门规定的其他材料。 第二十一条 依据强制拆迁决定实施行政强制拆迁，房屋拆迁管理部门应当提前15日通知被拆迁人，并认真做好宣传解释工作，动员被拆迁人自行搬迁。 第二十二条 行政强制拆迁应当严格依法进行。强制拆迁时，应当组织街道办事处（居委会）、被拆迁人单位代表到现场作为强制拆迁证明人，并由公证部门对被拆迁房屋及其房屋内物品进行证据保全。 第二十三条 房屋拆迁管理部门工作人员或者行政强制拆迁执行人员违反本规程的，由所在单位给予警告；造成错案的，按照有关规定追究错案责任；触犯刑律的，依法追究刑事责任。 第二十四条 拆迁人、接受委托的拆迁单位在实施拆迁中采用恐吓、胁迫以及停水、停电、停止供气、供热等手段，强迫被拆迁人搬迁或者擅自组织强制拆迁的，由所在市、县房屋拆迁管理部门责令停止拆迁，并依法予以处罚；触犯刑律的，依法追究刑事责任。 第二十五条 房屋拆迁管理部门是被拆迁人的，由同级人民政府裁决。 第二十六条 在城市规划区外国有土地上实施房屋拆迁申请行政裁决的，可参照本规程执行。 第二十七条 本规程自2004年3月1日起施行。