Regulations Governing the Operational Procedures and Compensations on for the Expropriation and Requisition of Materials Property for the Control of Communicable Diseases
2008-01-22
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Article 1
This set of Regulations is formulated in accordance with regulations of Paragraph 2, Article 54 of the Communicable Disease Control Act.
Article 2
The propertiesProperty for the control of communicable diseases mentioned in this set of Regulations refer tomeans land, works materials, buildings, devices for disease control apparatuses, facilitiesequipment, pharmaceuticals, medical devices, facilities for thepollutant disposal of pollutionfacilities, vehicles, vessels, aircraft, or other disease control materials announced and designated by the central competent authority.
The When expropriated expropriating the properties of mentioned in the preceding Paragraph, if it is necessary, at the same time, to requisite at the same time their operating personnel, in accordance with regulations of Article 53 of the the ActAct apply.
The When expropriated expropriating the properties of mentioned in the preceding Paragraph, if it is necessary, at the same time, to requisite at the same time their operating personnel, in accordance with regulations of Article 53 of the the ActAct apply.
Article 3
A Government government organizations agency at various any levels shall, when executing expropriation of property under the preceding Article, issue a letters of expropriation to the owners, managers or users of the said propertiesproperty, and instruct them to deliver within the regulated time and at regulated site the expropriated propertiesy to a specified place at a specified time so expropriated. At In time of emergency, a government agency may, however, proceed first with the expropriation of the property in need and then issue the letter of expropriation within 3 days afterexpropriation may be made in advance and letters of expropriation issued within three days after the expropriation.
When it is necessary to extend the period of expropriation of the propertiesproperty, the expropriation agency shall apply for approval with the commanding officer, on 7 days prior to the expiration of the expropriation period, apply again to the commanding officer for approval.
Expropriation organizationsAn expropriating agency at various any levels shall, when reasons for expropriation disappearwithin 10 days after extinguishment of the cause for expropriation, shallrescind the expropriation and issue a letter of recession of expropriation remove expropriation within ten days and issue letter of expropriation removal and a written notice of compensation.
When it is necessary to extend the period of expropriation of the propertiesproperty, the expropriation agency shall apply for approval with the commanding officer, on 7 days prior to the expiration of the expropriation period, apply again to the commanding officer for approval.
Expropriation organizationsAn expropriating agency at various any levels shall, when reasons for expropriation disappearwithin 10 days after extinguishment of the cause for expropriation, shallrescind the expropriation and issue a letter of recession of expropriation remove expropriation within ten days and issue letter of expropriation removal and a written notice of compensation.
Article 4
A Letters letter of expropriation shall mention specify the following:
1.Name, sexgender, national ID number or unified serialgovernment uniform invoice number, address, and telephone number of the owner, manager or user of the expropriated property expropriated;
2.Subject, statement, and legal statutory or regulatory basis;
3.Name, unit, quantity and specifications of the property to be expropriated;
4.Duration of expropriation;
5.Time and place to for delivery of the property;
6.Name of the expropriation expropriating organizationagency, signature and seal of the head of the organizationagency;
7.Date of issuance and file reference number of the expropriation document;
8.NStatement to the effect that it is an administrative dispositionIndication of the intention of administrative sanction, and the means of remedy available in case of dissatisfaction with compensation methods and duration if the administrative sanction disposition, time period within which remedy may be sought, etcis unacceptable.
1.Name, sexgender, national ID number or unified serialgovernment uniform invoice number, address, and telephone number of the owner, manager or user of the expropriated property expropriated;
2.Subject, statement, and legal statutory or regulatory basis;
3.Name, unit, quantity and specifications of the property to be expropriated;
4.Duration of expropriation;
5.Time and place to for delivery of the property;
6.Name of the expropriation expropriating organizationagency, signature and seal of the head of the organizationagency;
7.Date of issuance and file reference number of the expropriation document;
8.NStatement to the effect that it is an administrative dispositionIndication of the intention of administrative sanction, and the means of remedy available in case of dissatisfaction with compensation methods and duration if the administrative sanction disposition, time period within which remedy may be sought, etcis unacceptable.
Article 5
Expropriation An expropriating organizationsagency, upon receipt ofreceiving the propertiesproperty, shall immediately fill incomplete and issue a certificate of receipt indicatspecifying the property name, unit, quantity, specifications, real estate identificationsidentifiers, age of the property and, assessed price, and the duration of expropriation, to the owner, manager or user of the property to serve as an evidential evidentiary document for pricing or compensation.
Article 6
Compensation payments for land or buildings expropriated shall be set at 20 percent above the rentals of the neighboring land and buildings in the neighborhood of the same district at the time of expropriation.
When the duration of expropriation of the properties property in the preceding Paragraph does not exceed 15 days, the compensation payments shall be made for 15 days; when the duration of expropriationit exceeds 15 days and not morebut is less than 30 days, the compensation payments shall be made for 30 days.
When the duration of expropriation of the properties property in the preceding Paragraph does not exceed 15 days, the compensation payments shall be made for 15 days; when the duration of expropriationit exceeds 15 days and not morebut is less than 30 days, the compensation payments shall be made for 30 days.
Article 7
Compensation The criteria for compensating the expropriation of the properties property other than those mentioned in Paragraph 1 of the preceding Article shall be decided by the following order of priority:
1.20 percent additional toabove the rates decided prescribed by the government organizationagency;
2.20 percent additional toabove the market prices during the period of expropriation decided set by the expropriation expropriating organization agency as provided by relevant trade associations;
3.Agreement reached between the expropriation expropriating organization agency and the expropriatedexpropriatee.
1.20 percent additional toabove the rates decided prescribed by the government organizationagency;
2.20 percent additional toabove the market prices during the period of expropriation decided set by the expropriation expropriating organization agency as provided by relevant trade associations;
3.Agreement reached between the expropriation expropriating organization agency and the expropriatedexpropriatee.
Article 8
When the a properties property expropriated by a government organizations agency at various any levels are consumptiveis consumable in nature, the compensation payments shall be made within 30 days after the removal recession of expropriation.
When the an unused portion of the properties property is to be returned, the expropriation expropriating organization agency shall issue a certificate of return of property returned, and return it together with the remaining properties property to the expropriatedexpropriatee.
When the an unused portion of the properties property is to be returned, the expropriation expropriating organization agency shall issue a certificate of return of property returned, and return it together with the remaining properties property to the expropriatedexpropriatee.
Article 9
When the a properties property expropriated by a government organizations agency at various any levels are is non-consumptive consumable in nature and the expropriation period does notis less than exceed 30 days, the compensation payments shall be made within 30 days after the removal recession of expropriation; when the expropriation period is or exceeds 30 days, the compensation payments shall be made for every 30 days of the consecutive expropriation.
A Nnon-consumptive consumable propertiesproperty, after disinfection, shall be returned to the expropriatedexpropriatee.
A Nnon-consumptive consumable propertiesproperty, after disinfection, shall be returned to the expropriatedexpropriatee.
Article 10
When a non-consumptive consumable properties property cannot be returned for reasons of damage, destruction, or exterminationloss, compensation payments shall be made by based on the market prices of the said propertiesy by theirand the degree of use at the time of expropriation.
Article 11
When a government agency at any level encounters any dispute in connection withthere are disputes in the implementation of the compensation regulations provisions of the preceding five Articles, government organizations at various levelsthe government agency may establish a compensation assessment groups to handle the matter.
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Article 12
This set of Regulations shall be implementedbe implemented on the day of announcement.