Economical And Intensive Use Of Land Provisions

Original Language Title: 节约集约利用土地规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398530.shtml

Economical and intensive use of land provisions

    (March 27, 2014 Department of Ministry of land and resources the 1th meeting May 22, 2014, announced Ministry of land and resources, the 61st since September 1, 2014) Chapter I General provisions

    First line treasure, rational use of land and protecting arable land policy, implemented the most stringent farmland protection system and the most strict system of economical and intensive land use, improve the carrying capacity of land resources for economic and social development, promoting the construction of ecological civilization, according to the People's Republic of China land administration law and the notice of the State Council on promoting the economical and intensive land use, these provisions are formulated.

    Second economical and intensive use of land in these rules refers to boot from the size, layout, optimize, standards, controls, market allocation, inventory and other means, to save land, reduction with lifting strength, promoting low-activity waste utilization and optimization of land use structure and layout, the acts and activities to improve land use efficiency.

Land management and use in article should be guided by the following principles:

(A) give high priority to conservation principles, each building covers an area of, does not account for less or less cultivated land, cherished and rational use of every inch of land;

(B) adhere to the principle of fair use, utilize the land resources, construct the resources-featured new patterns of land use in urban and rural areas;

(C) to adhere to market principles, properly handle the relationship between Government and market and give full play to the decisive role of market forces in allocating resources;

    (D) adhere to the principle of reform and innovation, exploring new mechanisms for land management, innovative new model of economical and intensive land use.

    Article fourth local land and resources departments at and above the county level shall strengthen the links with development and reform departments such as the urban and rural planning, environmental protection, finance, communication, and land saving and intensive use of objective measures into local economic and social development and policy general framework, planning and evaluation system.

    Fifth national land resources departments should build economical and intensive land use system, economical and intensive land use activities, relevant standards organizations to develop standards and norms, explore the new mechanism of economical and intensive land use, encourage the use of economical and intensive use of new technologies and new models, promote the improvement of the efficiency of land use.

    Sixth in respect of land-using concentrately with remarkable city and county governments, by the Ministry of land and resources in accordance with the relevant regulations, recognize and reward.

    Chapter II size Guide

Seventh national land use planning, determine the land's size, layout, structure and scheduling, total control of the land for construction.

Land use defined in the General Plan of binding targets and zoning provisions may not be a breakthrough.

    Subnational land use planning shall not break the higher land use defined in the General Plan of the binding target.

Article eighth overall land use planning in the regional scale, industry development and layout has a co-ordinating role.

Industrial development and urban-rural development, infrastructure, distribution, ecological environmental construction, and other related planning should be dovetailed with the overall land-use planning, construction land determined by scale and distribution must comply with the overall land use planning arrangements.

    Planning beyond the scale of land use defined in the General Plan of construction land, should be adjusted or modified, reduced land, adjusting the layout of land use.

    Nineth Department of land and resources through the planning, planning, land-use standards, market guide, and other means to effectively control the size of mega-cities added construction land, modest increases in high degree of intensive land use and development potential of the area and the supply of land for construction of medium and small cities, counties, and reasonable protection to consumer demand.

    Chapter layout optimization Article tenth of urban and rural land use should embody the principles of optimization.

Guide industrial development zone, concentration, concentration of population to urban, residential concentration to the community, promoting the rural population to the village center, the central town gathering, industry focus to the Ribbon, to the moderate scale management of arable land set.

Prohibition of general land use planning and urban and rural planning to determine the scope of urban construction land outside urban areas, development zones and industrial parks.

    Encouraged and line planning and construction of linear infrastructure, promoting intensive layout and conservation lands.

11th national land resources departments should in general land use planning in the delineation of the urban development boundary and prohibition of the construction of the boundary, the implementation of construction land use controls.

    Urban land use should be in line with local conditions to take group, tandem, satellite city type layout, avoid consuming high quality arable land.

    12th city and County land and resources departments should strengthen consultations with urban planning departments, promote the existing internal structure adjustment and optimization of the urban land, control of productive land, living land, increasing the proportion of ecological land, increase the proportion of urban construction land of memory to use, promote the improvement of urban land use efficiency.

13th to encourage construction project optimization design, hierarchical layout, encouraging full use of aboveground and underground space.

Building land on the ground, underground layers, established its acquisition and use year reference in the use of land for the construction of the relevant provisions established by the Earth's surface.

    Transfer layer to set up construction land use rights should be based on the local Datum land price and actual transactions of real estate, lowest of evaluation determined a hierarchical assignment of construction land standards.

Article 14th overall design, rational distribution of land saving and intensive development of building projects.

Highly associated to different uses, the need for overall planning and construction, are hard to split supply comprehensive use of land for construction projects, city and County land and resources departments can follow a assignment of the implementation of the overall supply of land, determined to sell the reserve price.

    Mixed use land supply for construction projects, including any necessary by way of tender auction listing selling, land auction listing transferred should be used.

    The fourth chapter standards

15th State practices with standard control system for construction projects.

In conjunction with the relevant departments of the Ministry of land and resources development of construction project control index, industrial projects construction land control, real estate land size and volume of construction project control standards.

    Local land and resources authorities according to local conditions, to develop and implement a more intensive control standard for local construction projects.

16th construction projects should be carried out strictly in accordance with the standards of construction project control measurement, design, and construction.

    City and County land and resources departments should strengthen land construction project control and investigation and design units implementing standard supervision and guidance.

17th construction project review, supply and use, shall conform to the construction project control standards and policies.

    For violations of construction project control standards and policies for land use, land and resources authorities above the county level shall be ordered to correct, and be dealt with according to law.

    18th national and local construction project control standards yet construction project, or because of safety, special processes, landforms and other reasons, really need Super standard construction of project, construction of land and resources authorities above the county level shall organize and conduct project evaluation, and as a basis for building land supply.

Article 19th in conjunction with relevant departments of the Ministry of land and resources under the national economic and social development situation and macro-industrial policy, developed the list of banned items, and the restriction of land use the project directory, promote land saving and intensive use.

    Land and resources departments to limit construction project management of construction land supply procedures must comply with the conditions laid down; shall not prohibit the use of construction land supply for construction project management procedures.

    The fifth chapter market

    20th all kinds of paid use of land supply should be consistent with market principles, through the use of land rent and price leverage to promote land saving and intensive use.

Article 21st country expand the scope of State-owned land use, reduce the number of transfers of public land.

Apart from the military, affordable housing and related to national security and public order outside the supply can be allocated, the special, government offices and transport, energy, water conservancy and other infrastructure (industry), urban infrastructure and operation of all kinds of social undertakings in the land and paid use.

    Specific measures shall be prescribed separately by the Ministry of land and resources.

22nd management should be made according to tender auction listing to determine land-use and land price.

All kinds of paid use of land shall not be lower than the lowest standards prescribed by the State.

    Prohibits the use of land for the project, after first returning land relief, subsidies, incentives and other forms of disguised price.

Article 23rd city and County land and resources departments may adopt following the transfer, the statutory maximum period shortened transfer periods of land within.

    Following the transfer of supply of industrial land, shall conform to the provisions of the Ministry of land and resources industry directory.

24th the premise of encouraging land users, subject to planning, by building storey, factory renovation, interior finishing, and other ways to improve land use efficiency.

    In line with the plan, under the premise of no change of use, improve land utilization and increasing the plot ratio for industrial use, no longer land price increases.

25th in line with economical and intensive land use requirements, belong to the industries encouraged by the State industrial land, difference of land price policy can be implemented.

Phased construction of large and medium industrial projects, reserved area, according to the construction schedule, the implementation stage.

    Specific measures shall be prescribed separately by the Ministry of land and resources.

    Article 26th city and County land and resources Department of supply of industrial land, industrial projects should be investment strength, volume and floor area ratio, ratio of green space, the proportion of non-production facilities covering control, such as indicators in the land-use conditions.

27th of municipal, County, land and resources administration in compensation for the supply of various types of building land, in construction land use right transfer, rent contract clearly intensive requirements.

    When the supply of residential land, should be the minimum floor area ratio limit, per unit of land area in housing units and residential construction planning conditions, such as writing to construction land use right grant contract.
Sixth chapter to activate

    28th State encourages land management.

    Local land and resources departments at and above the county level shall, jointly with relevant departments, according to General land use planning and land management planning, on land, water, roads, forests, villages, and the legacy of mining wasteland reclamation, the inefficient use of land for urban and rural development, increase land use efficiency and effectiveness, promote land saving and intensive use.

29th agricultural regulation should promote focused piece of arable land, increasing the effective arable land, enhance quality, improve production conditions and ecological environment, optimizing land use structure and layout.

    Unused land suitable for agriculture development should be based on the carrying capacity of environment and resources, hold to the principles of protecting and improving the ecological environment, according to local conditions moderate.

Article 30th-standard basic farmland construction, shall strictly control the size field infrastructure, reasonable infrastructure cuts the field rate.

    Infrastructure covers over construction standard specifications of the national standard basic farmland, local land and resources departments at and above the county level shall not be through the project acceptance.

    31st local land and resources departments at and above the county level can be according to the relevant regulations of the State, integrated and rural construction land regulation, industrial and mining wasteland left over by history and natural disasters damaged land remediation, increase land use efficiency and effectiveness, and improving the people's living and production conditions and ecological environment.

32nd article County above place land resources competent sector in this level Government of led Xia, with about sector established town low utility to again development, and abandoned to again using of incentive mechanism, on layout scattered, and using extensive, and uses not reasonable, and idle waste, low utility to for again development, on for mining damaged, and traffic rerouted, and settlements relocation, and industry adjustment formed of abandoned to implemented reclamation again using, promote land optimization using. Encourage the participation of social capital town low utility, wasteland development and use.

    Encouraging land users to development or cooperation and development.

    Seventh chapter monitoring evaluation

    33rd land and resources authorities above the county level shall strengthen land market monitoring and supervision, approval of construction land and supply after the development and implementation of process monitoring, and regularly published on the portal site on land supply, contract performance, outstanding land price, and so on, subject to public supervision.

    Article 34th provincial land and resources Department of economical and intensive land use within their respective administrative areas should be monitored in approval, land supply and land use and other sectors strengthening land access, zoning, land size, standard, input-output intensity of checks, according to the laws and regulations on the waste land and responsibility to address and inform the public.

    35th land and resources authorities above the county level shall organize and conduct censuses of construction land use in their respective administrative areas, a comprehensive grasp of construction land exploitation and input-output, level of intensive use, size and spatial distribution of potential, and as a basis for land management and evaluation of economical and intensive land use.

36th land and resources authorities above the county level should according to construction land use surveys, organize regional and economical and intensive land use, urban and development zone evaluation, and evaluation results to the general public.

    Economical and intensive land use evaluation results as the Department's performance management and upgraded, expanded area, an important basis for position adjustment and exit.

    The eighth chapter legal liability

37th land and resources authorities above the county level and their staff members in violation of these provisions, any of the following circumstances, the persons responsible shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) in violation of the provisions of article 17th, construction project does not meet the standards for land use and for policy development projects;

(B) violation of the provisions of article 19th, prohibition, or does not meet the conditions of limited land supply procedures of construction project management of construction land;

(C) violation of the provisions of article 22nd, below the state-mandated minimum price standards for industrial land supply for industrial use;

(D) violation of the provisions of article 30th through standard basic farmland project acceptance;

    (E) other acts of favoritism, abuse of power and negligence.

    Nineth chapter by-laws Article 38th of these provisions come into effect September 1, 2014.